Chapter 31. Utilities

For the purposes of this chapter, the word "utility" shall be construed to mean and include water, sewer, and/or any other utility service furnished by the city to consumers thereof.

All pertinent provisions of this chapter are hereby made a part of the terms and conditions whereby the city shall furnish any utility service to any person, or whereby the city shall make any utility connections or perform any work of any kind in connection with the furnishing of any utility service pursuant to the rules and regulations of the city council.

The water pumping plant and system and the sewage system shall be managed and supervised under the direction of the city manager of the city who shall promulgate such rules and regulations as may be necessary. Such rules and regulations shall only become effective after the same have been ratified by a majority of the city council of the city.

The rules and regulations promulgated by the city manager shall be maintained on file with the city clerk and shall be subject to inspection at any time.

The city manager may promulgate such rules and regulations concerning the city water works and sewage plant and systems, authorize the installation of water meters and extensions to the city water and sewer mains and laterals, provide a procedure for the reading of all water meters in the city each month, provide rules requiring the keeping of a daily record of activities in the water and sewage departments, including, among other things, gallons of water and sewage pumped daily and provide rules and regulations for the keeping of monthly written records and the making of reports to the city council providing a summary of activities of the water and sewage departments during the past month and to provide such rules and regulations as may seem necessary to the city manager, for the proper and efficient operation of the water and sewage system.

Any utility service furnished under the provisions of this chapter shall be in accordance with and in compliance with all applicable technical provisions of this Code, state law and city ordinances, rules and regulations.

(Ord. No. 329, § 11(k), 3-5-1942)

The city council shall have the authority to establish by rule or regulation such standards and specifications as may be deemed necessary for the installation, construction and maintenance of any utility service system owned and operated by the city within or without the city and under the management of the council. Such rules, regulations, standards and specifications shall be filed in the office of the city clerk. Violation of such rules, regulations, standards and specifications shall be deemed a misdemeanor.

Any authorized inspector of the city shall have free access at any time to all premises supplied with any utility service by the city for the purpose of examination in order to protect the utility services from abusive use.

(Ord. No. 329, § 11(j), 3-5-1942)

(a) The city shall have the right to disconnect or refuse to connect or reconnect any utility service for the following reasons:

(1) Failure to meet the applicable provisions of law;

(2) Violation of the rules and regulations pertaining to utility service;

(3) Nonpayment of bills;

(4) Willful or negligent waste of service due to improper or imperfect pipes, fixtures, appliances or otherwise;

(5) Molesting any meter, seal or other equipment controlling or regulating the supply of utility service;

(6) Theft or diversion and/or use of service without payment therefor;

(7) Vacancy of premises;

(8) Replacement by the city of an existing city-owned sewer main or lateral with a new sewer main or lateral; and/or

(9) Any other cause necessary to protect the health, safety, or welfare of the citizens of the City of Bellaire.

(b) In the event, for any reason, the city shall desire to exercise its right to terminate and/or disconnect any utility service provided by the city, the consumer of such service shall first be entitled to notice of the pending termination or disconnection and notice of the right to request a hearing before the city manager of the City of Bellaire upon any complaint or reason the consumer may have as to why such utility service should not be terminated or disconnected. The required notice shall be sent to the subscriber to such service, being the resident of the premises and address at which the subject service is provided; and in the event the said subscriber is not the owner of the premises at which the service is provided, notice shall also be sent to the said owner, as reflected on the tax rolls of the city. Said notice shall provide as follows:

(1) The nature of the specific utility service to be terminated or disconnected, the address at which the service is to be discontinued, and the projected date of such termination or disconnection.

(2) That the recipient of such notice shall be entitled to request a hearing before the city manager of the City of Bellaire as to any complaint or reason why such utility service should not be discontinued.

(3) That if such hearing is desired, written request therefor must be filed with the city clerk of the City of Bellaire at the City Hall, 7008 South Rice Avenue, Bellaire, Texas 77401, on or before a date specified in the notice.

Upon filing of such written request, a hearing shall be scheduled before the city manager who shall hear the disputes or issues and any relevant testimony or evidence, and then make a determination as to whether or not the subject utility service shall be terminated or discontinued. The decision of the city manager shall be filed with the city clerk of the City of Bellaire, and a copy thereof shall be mailed by first class mail to the subscriber to the subject utility service at his place of residence or last known address.

Any person who shall be aggrieved by the decision of the city manager shall further have the right of appeal to the city council of the City of Bellaire, upon filing notice of such appeal with the city clerk of the City of Bellaire within ten days after the decision of the city manager shall have been filed with the city clerk. Upon appeal, the city council shall then hear the matter de novo, and the decision of the city council shall be final.

(Ord. No. 78-041, § 1, 6-19-1978; Ord. No. 81-078, § 1, 11-23-1981)

The city shall not be liable for any damage of any customer of any utility service furnished by the city due to backflow of the sewerage system, failure of supply, interruption of service or any other cause outside the direct control of the city.

(Ord. No. 329, § 11(a), 3-5-1942)

It shall be unlawful for any person not having authority to do so to open any water hydrant or tamper with any utility service furnished by the city to consumers, or to in any other way molest, damage or trespass upon any equipment or premises belonging to the city connected with any utility service.

(Ord. No. 329, § 11(b), 3-5-1942)

The city reserves the right to cut off any utility service without notice in case of emergencies. When an interruption in service is necessary for the maintenance and improvement of the utility system, affected customers will be notified as circumstances permit.

The city hereby reserves the right, at any time, to restrict or prevent the use of any utility service furnished by the city during periods of emergency or circumstances demanding such restriction or prevention of use.

(Ord. No. 379, 5-23-1951)

It shall be unlawful for any person to resell any utility service obtained from the city to others except by special arrangement with the city council.

(Ord. No. 329, § 11(h), 3-5-1942)

Connections for any utility service furnished by the city shall be made only under the supervision of a person designated by the city manager and under the rules and regulations promulgated by the city manager subject to approval of the city council.

Every building, structure or consumer in the city shall have a separate utility service connection; however, it is provided that this section may be waived upon application of any interested person showing good cause, which shall be first approved by the city manager with the consent of the city council.

Any person who shall make any connection in any manner to any utility system, whether owned by the city or not, without the prior knowledge and consent of the owner of such utility system shall be deemed guilty of a misdemeanor.

(Ord. No. 329, § 11(e), 3-5-1942)

No person, other than employees of the city, shall be authorized to connect, turn on, turn off or disconnect any utility service offered by the city, or remove, replace or repair any equipment connected to any such utility service except a duly licensed plumber holding a valid permit issued by the city for connection to a different lateral or line of the sanitary sewer system.

The consumer of any utility service furnished by the city shall maintain and keep in good repair all connections, appliances and any other apparatus installed and used in connection with such utility service.

(Ord. No. 329, § 11(f), 3-5-1942)

(a) Whenever an applicant for water or sewer service owns property within the city and desires to serve that property with water from the municipally owned water service, or with the city's sewerage system, but there is no main or lateral of the municipal system adjacent to said property or on the street on which said property is located, and the said applicant does not desire to wait until funds are available in the city treasury to make the necessary lateral extensions at city expense, then the necessary extensions will be made upon the following conditions:

(1) That the extension would be a part of a natural expansion of the municipally owned system in the opinion of the city council.

(2) That the entire line be laid on dedicated roads, streets, thoroughfares, alleys and/or easements along division lines of property; however, under special circumstances wherein it would be impossible or impracticable to comply with this subsection, and upon consent and approval of the city manager, the sanitary sewer line may be laid in an accessible location along the rear or back of the property.

(3) That the line shall fully comply with all city specifications and be laid in accordance with such rules and regulations as shall be promulgated by the city manager, subject to inspections.

(4) That the extension and the rights or appurtenances thereto, shall be owned in fee or entirely by the city without any claim or lien of any kind existing against said extension.

(5) That the city will maintain the said extension, when properly installed in working condition at city expense up to meter connection or customer's property line.

(6) That the applicant shall pay to the city, in cash, the entire cost to install the said extension in its entirety before work is started.

(7) That extension service connections and/or laterals may be connected to the said extensions under consideration at any time by the city without asking or obtaining permission and without any adjustment in accounts.

(8) That the city council from time to time may credit said account with such portion of the revenue from said extension's service connections and/or laterals referred to in subsection (7) of this section as the council in its sole judgment deems fair.

(9) That the extensions or laterals under this section shall be made only upon written agreement between the applicant and the city, with the approval of the city council upon terms and conditions mutually agreed to by the applicant and the city manager, such terms and conditions being with the advice and consent of the city council.

(b) When the application under this section is for sewer extensions, the following items shall, in addition to other items of subsection (a) of this section, govern such sewer extensions:

(1) The line shall be in accordance with specifications provided by the city as provided for in the rules and regulations promulgated by the city manager. All extensions shall also be in accordance with the rules and regulations as herein provided and shall be subject to inspections by the city.

(2) The city council may authorize reimbursement to the applicant of the amount of any surplus remaining after the completion of all work.

(a) All persons whose property with one or more buildings thereon, is located within 500 feet of a sanitary sewer line of the city hereinafter installed, shall within three months after written notice to do so, cause all sanitary sewer facilities in such building or buildings to be connected or reconnected at such owner's expense with the city sanitary sewer line. This provision shall apply in all instances, including those instances where the city, in its discretion, has replaced an existing sewer main or lateral with a new sewer main or lateral, thereby requiring the disconnection and reconnection of an existing customer. Notice shall be deemed to have been given if mailed or delivered to either the record title owners of the property or mailed or delivered to the occupants of said property. The city council of the City of Bellaire shall, upon hearing, have the power to grant a variance from the time limits as herein set out, for good cause shown or upon showing of unavoidable circumstances making it impractical or impossible to comply with the said time limits, which power shall be exercised by the adoption of a resolution which resolution shall fix a date which shall be controlling as to said property. The connection herein required, including all pipe from the building or buildings to the tap on the sanitary sewer line of the city shall be constructed with pipe of material as specified in the International Plumbing Code as adopted by this city.

(b) All structures which are erected pursuant to building permits issued after enactment of this section, which have toilet facilities, and which are upon property within 500 feet of sanitary sewer line or lines, must connect with and use the same, constructing such connection including all pipe from the building or buildings to the tap on the city sanitary sewer line in accordance with the type of pipe as specified in the city's plumbing code.

(c) Notwithstanding the provisions hereinbefore set out, in the event property which is owned by any person with one or more buildings situated thereon and located within 500 feet of a sanitary sewer of the city has such building or buildings connected with existing sewer lines which may or may not be constructed as herein provided, the city manager is authorized to waive the provisions of this section with respect to the quality of the pipe used in such connection, provided the city manager shall first determine that such existing sanitary sewer line is in reasonably good condition and capable of effluent conveyance.

(d) Any person who shall violate any of the terms or provisions of this section shall be guilty of a misdemeanor and shall be subject to a fine, upon conviction, as provided in section 1-10 of this Code, but not less than $25.00. Each day such violation shall be permitted to continue shall constitute a separate offense.

(Ord. No. 81-078, § 2, 11-23-1981; Ord. No. 00-072, § 2, 8-21-2000)

(a) All sanitary sewer mains located in easements or streets within the city shall be at least eight inches in diameter or sufficiently larger to carry the foreseeable load which it will be called upon to carry.

(b) The use of cement mortar in making joints in the sanitary sewer mains in the city is hereby prohibited and all such joints in clay pipes shall be factory fabricated compression joints of resilient materials, meeting the standards of the American Society for Testing and Materials designation C 425-60T. Joints in cast iron sanitary sewer mains in the city shall conform to the standards of said Society for such mains.

(Ord. No. 1408, 8-17-1964)

Every person, association, organization or corporation who operates any business of furnishing electricity, natural gas, telephone service or cablevision service without first obtaining a franchise to do so from the city council shall be subject to a fine of not less than $25.00 nor more than $200.00 for each day such business shall have been operated.

(a) Contract; assessment; lien. The City of Bellaire shall be permitted to contract for relocation or replacement of a sanitation sewer lateral that serves a residential structure on private property for the purpose of connecting the lateral to a new, renovated or rebuilt sanitation main constructed by the city.

The cost of the relocation or replacement of the sewer lateral shall be assessed against the property on which it is located. A lien is attached to the property for the cost of the relocation or replacement.

(b) Consent. Before the city makes a contract under subsection (a) hereof, the city must obtain the property owner's written consent to the contract, to the relocation or replacement of the sewer lateral, and to the assessment. The written consent must state that the person giving the consent is the owner of the property or is an authorized representative of the owner, must contain a statement of the owner's address, and must state:

(1) That the consent is freely given;

(2) That the owner understands that as a result of the assessment a lien will be attached to the property for the total cost of the relocation or replacement;

(3) That no part of the cost of the relocation or replacement will be paid by the city; and

(4) That the property owner will have five years from the date the work is completed to repay the cost to the city.

(c) Notice. Before the work is begun on the relocation or replacement of a sewer lateral and after the city files the written consent of the property owner with the city clerk, the city, in accordance with the law applicable to public improvements, shall contract for the performance of the work. However, after the city has received the bids for the work and before the contract for the work is made, the city must give notice to the property owner. The notice must state the bid price accepted by the city for the completion of the work and that the contract price may be increased by no more than ten percent because of the changes without the written consent of the owner. The notice shall be given to the owner by personal delivery or by depositing the notice in the United States mail, postage prepaid, addressed to the owner at the address contained in the owner's consent.

No later than the 45th day after the day on which the notice is mailed, the owner may reject the contract by notifying the city clerk of the withdrawal of the owner's consent. If the owner fails to withdraw consent during the 45 days, the city may contract for the performance of the work, the work may proceed, and the assessment may be made without further consent by the owner. After the expiration of the 45 days, the owner may not withdraw the consent previously given.

(d) Changes in contract. The contract between the city and the contractor for the performance of the work may be changed as may be necessary for the successful completion of the work. However, the contract price may not be increased by more than ten percent because of the changes without the written consent of the owner.

(e) Certifying completion of work. Upon receipt by the city of a certificate from the contractor certifying that all work has been completed in accordance with the contract and upon a finding by the city that the work has been properly completed in accordance with the applicable codes and ordinances of the city, the city may pay the contractor the cost of the work completed.

When payment is made to the contractor, the city shall issue a certificate certifying that the work has been completed and that payment has been made under the contract. The city shall file the certificate with the county clerk of Harris County and shall deliver a copy of the certificate to the property owner.

(f) Payment by property owner. The property owner has five years from the date of the city's issuance of the certificate under subsection (e) hereof to pay the city the amount that the city paid for the work completed, as evidenced by the certificate, plus simple interest in an amount not exceed ten percent a year as set by the city council.

Upon payment of the principal amount and accrued interest, the city shall issue a release of the assessment and lien. The release may be filed for record in accordance with law.

(g) Enforcement. If the property owner does not pay the assessment during the five years, the city may enforce the lien on the property in the same manner in which it is authorized by law to enforce a lien for a paving or other assessment.

(Ord. No. 83-097, § 1, 12-5-1983)

Meters shall be required for all water services, the use or consumption of which may vary as the demand for the same fluctuates. No attachment, tap, or connection shall be allowed between the corporation cock and the main meter. All meters installed under the provisions of this section shall be installed by the city or under the supervision of the city and shall remain the property of the city.

It shall be unlawful for any person, other than a duly authorized employee of the city, to alter, change, deface, remove, interfere with, open or in any other way molest any meter situated in the city and used in connection with the supplying of any utility service to any consumer in the city.

Every applicant making application with the City of Bellaire for water service on or after August 1, 1987, shall, at the time of application, deposit with the director of finance a sum of money, in dollars, estimated to be equal to the average bi-monthly bill for city-provided water, wastewater and solid waste service, provided, however, that such deposit shall not be less than the amount determined from time to time by the city council.

Exception: Any applicant for residential water service, who makes application for such service either as the owner/occupant or as a co-obligor with a tenant of the property upon which such water service is requested and who shall prove, by documentary evidence or by other means satisfactory to the city, that said applicant owns such property, shall only be required to deposit a sum as is determined from time to time by the city council.

All deposits shall be cash and shall be held by the City of Bellaire, without interest, for a period as hereinafter set out.

Whenever water service is discontinued upon any property, the deposit therefor shall be applied to the unpaid charges for service, and the balance, if any, returned to the person making such deposit. In the event the person who made the deposit shall fail to advise the director of finance of his address or shall fail to request return of such deposit within a period of one year commencing the date that water service was discontinued, then the city council of the City of Bellaire may authorize publication in the official newspaper of the City of Bellaire, for two consecutive publications, which notice shall contain the name and last known address of the depositor and shall provide that in the event such person does not request return of such deposit from the City of Bellaire, the same shall, upon the expiration of such 60-day period, be paid into the general fund of the city and such person shall not at any later date have the right to claim or request return of such deposit.

The provisions of this section shall be plainly enumerated in the agreement to be signed by each applicant and filed with the director of finance. Before there shall be a reconnection of any service, the sum of money then on deposit must equal the average bi-monthly bill for city-provided water, wastewater and solid waste service, but in no case shall such deposit be less than $100.00, or less than $40.00 for any applicant who shall qualify under the exception set out above.

(Ord. No. 2131, § 2, 7-21-1975; Ord. No. 87-028, § 1, 7-6-1987)

(a) Refunds of deposits made for utility service shall be made upon the termination of such utility service only after payment of all indebtedness to the city for such utility service. Application of deposit may be made in partial or total settlement of accounts when supply is cut off for nonpayment of bill or for any infraction or violation of any ordinance, rule or regulation of the city relating to the utility services offered by the city.

(b) Deposits for water service shall be held by the City of Bellaire for a period of one year. Effective August 1, 1987, and continuing thereafter, water service deposits, or the balance thereof, shall be credited to the accounts of water service subscribers upon the expiration of one year from the commencement of service.

(Ord. No. 78-021, 3-20-1978; Ord. No. 87-028, § 2, 7-6-1987)

(a) The city manager of the City of Bellaire is hereby delegated and authorized to establish a fee schedule for water taps and sanitary sewer taps and related charges concerning the connection and initiation of, as well as the disconnection and termination of, water and sewer service. The city manager of the city of Bellaire shall be further authorized at any time to change or amend any fees, fee schedules, or other charges that may be required herein and/or to establish fees or fee schedules for other and differing services as contemplated or provided for in chapter 31 of the Bellaire City Code of Ordinances without further authorization or direction by the city council of the City of Bellaire.

(b) The city manager, in establishing a fee schedule, shall cause the same to be promulgated by filing a copy with the city clerk of the City of Bellaire and a copy of the fee schedule shall further be prominently displayed in the office of the building official and the city finance department.

(c) Any person who in any way shall fail to comply with the fee schedule promulgated by the city manager in accordance with the terms and provisions of this section shall be deemed in violation of the terms and provisions of this Code and may be prosecuted in accordance therewith.

(d) In the event of any conflict between any fee as provided for in any schedule promulgated by the city manager with any specified provision of chapter 31 of this Code, the schedule promulgated by the city manager in accordance with this section shall at all times be deemed controlling.

(Ord. No. 00-072, § 3, 8-21-2000)

In the event that utility service is disconnected for nonpayment of the bill, the consumer thereof shall have the right to have the same reconnected only upon the payment of the amount due, the disconnection fee and in addition thereto a reconnection fee established from time to time by the city council.

(Ord. No. 2153, § 1, 9-15-1975)

The subscriber for water services shall pay for water consumed or passing through the meter of such subscriber the rates determined from time to time by city council, based upon criteria established by city council.

(a) For all water used by the subscribers living outside the city limits, the rate shall be 150 percent of the rates established by city council, unless otherwise provided by city council.

(b) In cases where a subscriber's use of water is for less than the entire billing period, the above rates, with the exception of the nonresidential subscriber monthly customer charge, shall be reduced in proportion to the percentage of use during the period.

(Ord. No. 96-055, 9-16-1996)

(a) Each residential unit which shall discharge normal domestic sewage as defined in section 31-62 into the sanitary sewer system of the city shall be liable for a minimum monthly charge and a volumetric charge based on the quantity of water used on such premises as determined by a water meter reading; however, after such account has been active for the months of November through February, then such account shall be liable for the succeeding March through February 12-month period equal to the minimum monthly charge and a volumetric charge computed on the average quantity of water used on such premises for the three highest months of the prior November through February as shall be determined by the premises water meter reading. The charges made shall be made on the usage rate established from time to time by the city council, based upon criteria set by city council. Each nonresidential unit which shall discharge normal domestic sewage as defined in section 31-62 into the sanitary sewer system of the city shall be liable for a monthly charge based on the quantity of water used on such premises as shall be determined by a water meter reading, and the charges made shall be made on the usage rate established from time to time by the city council, based upon criteria set by city council.

(1) For all water used by users outside the city limits, the rate shall be 150 percent of the rates established by city council, unless otherwise provided by city council.

(2) In cases where a subscriber's use of water is for less than the entire billing period, the above rates, with the exception of the nonresidential subscriber monthly customer charge, shall be reduced in proportion to the percentage of use during the period.

(b) In the event it shall appear to the city manager that the customary and normal usage of water by the user, consumer and/or subscriber does not accurately reflect the quantity of discharge into the sewer system of the city and/or is not reflected by the base as previously defined, the city manager is hereby authorized to increase or decrease the computed charge for sewer service to such an amount as shall be determined by him to be equitable.

(c) In the event the user, consumer and/or subscriber shall be aggrieved by any determination made by the city manager, he shall have the right to appeal the same to the city council by giving written notice of such intention within ten days of receipt of the determination made by the city manager; and upon hearing, the city council shall have the power to fix the charge for sewer service by such user. In the event the user shall increase or decrease the usage of sanitary sewers subsequent to any such determination by the city council, the city manager shall have the power to increase or decrease the computed charge for sewer service and any such increase or decrease made by the city manager shall be subject to appeal to the city council under the procedures herein set out.

(d) In addition to the charges previously set out for normal domestic sewage, each unit discharging industrial waste as defined in section 31-62 shall in all ways comply with sections 31-61 through 31-76 of this chapter.

(e) A unit, for the purposes of this section, shall be classified as either a residential unit or a nonresidential unit.

(1) A residential unit shall consist of any structure or part thereof used to fulfill the housing requirements of not more than one person, or of not more than one set of persons living together as a family.

(2) A nonresidential unit shall consist of any other structure or part thereof used to fulfill the housing requirements of not more than one business establishment or of not more than one public establishment, or of not more than one establishment of any other kind.

(Ord. No. 329, § 8, 3-5-1942; Ord. No. 2154, § 1, 9-15-1975; Ord. No. 78-065, 9-11-1978; Ord. No. 80-070, § 1, 9-15-1980; Ord. No. 82-085, § 2, 10-18-1982; Ord. No. 06-091, § 3, 11-6-2006; Ord. No. 07-068, § 2, 11-19-2007)

All bills for utility services furnished by the city shall be due and payable prior to midnight of the 15th day following the date of such bill; provided, however, that if such due date shall fall on a Sunday or a legal holiday observed by the city, then such bill shall be due and payable by midnight of the following business day. A penalty equal to ten percent of any account balance overdue under the terms of this section shall be assessed and shall be payable to the City of Bellaire by the named account holder.

(Ord. No. 93-017, § 3, 3-1-1993)

In the event bills for utility services shall not be paid when the same become due, the city shall have the right to disconnect and discontinue all utility services furnished by the city to the consumer so in arrears, subject to the procedures as herein set out in section 31-7 of this chapter; and a charge as shall be fixed by the director of finance shall be payable for such disconnection.

(Ord. No. 78-041, § 2, 6-19-1978)

Consumers wishing to discontinue the use of any utility service shall give written notice thereof at the city hall. Failure to do so shall render them liable for the payment of all bills until such notice has been given.

Any person seeking to discharge industrial wastes into the public sewers within the corporate limits of the city, or within its jurisdiction, shall comply with the requirements of this article before making any such discharge.

(Ord. No. 1799, § I, 10-18-1971)

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:

Approving authority: The city manager (or other official designated by the city manager or his duly authorized deputy, agent or representative).

B.O.D. (Denoting biochemical oxygen demand): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius expressed in parts per million. The laboratory determination shall be made in accordance with the procedures set forth in "standard methods."

Building drain: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys to the building sewer beginning three feet outside the inner face of the building wall.

Building sewer: The extension from the building drain to the sewer or other place for disposal.

Domestic sewage: Waterborne wastes normally discharging from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories and institutions, free from storm surface water and industrial wastes.

Garbage: Solid wastes and residue from the preparation, cooking and dispensing of food, and from the handling, storage and sale of food products and produce.

Industrial wastes: All waterborne solids, liquids or gaseous wastes resulting from any industrial, manufacturing or food processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage as distinct from normal domestic sewage.

Natural outlet: Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

Normal domestic sewage: Normal sewage for the city in which concentration of suspended materials and five-day 20 degree Celsius B.O.D. is established at 240 parts per million each, by weight on the basis of the normal daily contribution of 0.20 pounds per capita.

Parts per million: A weight to weight ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.

Permittee: That person applying for and holding permit to construct a sanitary sewer main or to connect to an existing sanitary sewer.

pH: The logarithm (base 10) of the reciprocal of the hydrogen ion concentration of a solution. It shall be determined by one of the procedures outlined in "standard methods."

Properly shredded garbage: The wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

Public sewer: A sewer in which all owners of abutting properties shall have equal rights and is controlled by public authority.

Sanitary sewer: A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.

Sewage: A combination of water-carried waste from residences, business buildings, institutions, and industrial establishments, together with such groundwater, surface water and stormwater as may be present.

Sewage treatment plant: Any arrangement of devices and structures used for treating sewage.

Sewage works: All facilities for collecting, pumping, treating and disposing of sewage.

Sewer: A pipe or conduit for carrying sanitary sewage.

Sewer service charge: The charge made on all users of the public sewerage system whose wastes do not exceed in strength the concentration values established as representative of normal sewage.

Sewerage: The system of sewers and appurtenances for the collection, transportation and pumping of sewage and industrial wastes.

Sludge: Any discharge of water, sewage, 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 flow during the normal operation.

Standard methods: 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 or storm drain: A sewer which carries storm and surface waters and drainage but excludes sewage and polluted industrial wastes.

Stormwater run-off: That portion of the rainfall that is drained into the storm sewers.

Surcharge: The charge in addition to the published water and sewer rates. The basis for surcharges on industrial wastes is a capital and operating cost for suspended solids, B.O.D. and chlorine demand exceeding normal sewage.

Suspended solids: Solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in "standard methods."

Unpolluted water or waste: Any water or waste containing one of the following: Free or emulsified grease or oil; acid or alkali; phenols, or other substances imparting taste and odor in receiving water; toxic poisonous substances in suspension, colloidal state or solution; and noxious or odorous gases. It shall contain not more than ten parts per million each of suspended solids and B.O.D. The Jackson Turbidity Units shall not exceed 25 parts per million.

Watercourse: A channel in which a flow of water occurs, either continuously or intermittently.

(Ord. No. 1799, § II, 10-18-1971)

Review and acceptance of the approving authority shall be obtained prior to the discharge into the public sewers of any wastes and waters having the following:

(1) A five-day 20 degree Celsius biochemical oxygen demand (B.O.D.) greater than 240 ppm (parts per million).

(2) Suspended solids content greater than 240 ppm.

(3) Chlorine demand greater than five ppm.

(Ord. No. 1799, § III, 10-18-1971)

Where required, in the opinion of the approving authority, to modify or eliminate wastes that are harmful to the structures, process or operation of the sewage disposal works, the person shall provide, at his expense, such preliminary treatment or processing facilities as may be deemed necessary to render his wastes acceptable for admission to the public sewer.

(Ord. No. 1799, § III, 10-18-1971)

Design calculations, plans, specifications and other pertinent information relating to proposed industrial waste pretreatment or processing facilities shall be submitted for approval or disapproval by the approving authority prior to start of their construction, if the effluent from such facilities is to be discharged into the public sewers. The industrial sewer connection application shall be fully completed and submitted to the approving authority. The permittee shall not connect to the public sewer without prior approval by the approving authority of the permittee's industrial sewer connection application. It shall be the responsibility of the permittee to file an amendment for any approval to the permit 30 days prior to the change of any item of information on the permit. Failure to maintain the permit as an accurate representation of the permittee's waste discharges to public sewers shall be cause for penalty.

(Ord. No. 1799, § III, 10-18-1971)

Prior to filing an industrial sewer connection application, the permittee shall consult with the approving authority or his duly authorized representative concerning the types, concentration and volumes of industrial wastes proposed for discharge. Conditional approval as to the general requirements must be obtained from the approving authority prior to preparation of the industrial sewer connection application.

(Ord. No. 1799, § III, 10-18-1971)

To the City of Bellaire, Texas:

The undersigned being the ___________ (Permittee) of the property located at ___________ does hereby request a permit to ___________ (Install, Use) an industrial sewer connection serving the ___________ (Name of Company) which company is engaged in ___________ at said location. The following exhibits are attached to this application:

(1) A plat of the property showing accurately all sewers and drains (Exhibit A).

(2) A complete schedule of all process waters and raw industrial waste produced or expected to be produced before treatment (if any) at said property, including a description of the character of each waste, the daily volume and maximum rate of discharge and representative analysis of the raw waste (Exhibit B).

(3) Plans and specifications covering all pretreatment facilities for waste treatment proposed to be performed on the waste under this permit with a full description (laboratory analysis) of the character of the waste to be discharged to the public sewer, daily volume and maximum rate of discharge to the public sewer (Exhibit C).

(4) Plans and specifications of the grease, oil and sand interceptor and control manhole (Exhibit D).

The Applicant agrees:

(1) To operate and maintain any waste pretreatment facilities as may be required on a condition of the acceptance into the public sewer of the industrial wastes involved, in an efficient manner at all times, and at no expense to the city.

(2) To cooperate with the approving authority and his representatives in their inspecting, sampling, and study of the industrial wastes and any facilities providing pretreatment.

(3) To notify the approving authority immediately in the event of any accident, negligence or other occurrence that occasions discharge to the public sewerage system of any wastes or process waters not covered by this permit.

(4) To accept and abide by all applicable provisions of the Code of Ordinances of the City of Bellaire, Texas, and of all pertinent ordinances or regulations that may be adopted in the future.

(5) To accept and pay when billed the sewer service charge and industrial wastes surcharge which is over and above the published water and sewer rates as set forth in sections 31-41 and 31-42 of the Bellaire City Code.

Date:________

Signed:___________

(Permittee)

___________

(Address)

_____ Connection Fee Paid

Attested:___________

Date:________

Application approved and permit granted:

Date:________

Signed:___________

(Approving Authority)

(Ord. No. 1799, § IV, 10-18-1971)

(A) No person shall discharge or cause to be discharged any stormwater, groundwater, roof run-off, subsurface drainage, downspouts, yard drains, yard fountain and ponds or lawn sprays into any sanitary sewer. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the approving authority. Unpolluted processed water may be discharged upon prior written approval of the approving authority to a storm sewer or natural outlet or into the sanitary sewer system by an indirect connection whereby such discharge is cooled, if required, and flows into the sanitary sewer at a rate not in excess of three gallons per minute, provided the waste does not contain materials or substances in suspension or solution in violation of the limits prescribed by this article.

In cases where, and in the opinion of the approving authority, the character of the sewage from any manufacturer or industrial plant building or other premises is such that it will damage the system or cannot be treated satisfactorily in the system, the approving authority shall require such user to dispose of such waste otherwise and prevent it from entering the system.

(B) No person shall discharge or cause to be discharged either directly or indirectly any of the following described substances, materials, waters or waste:

(1) Any liquid having a temperature higher than 150 degrees Fahrenheit [65 degrees Celsius].

(2) Any water or wastes which contain wax, grease, or oil, plastic or other substances that will solidify or become discernably viscous at temperatures between 32 degrees Fahrenheit [zero degrees Celsius] and 150 degrees Fahrenheit [65 degrees Celsius].

(3) Any solids, liquids or gases which by themselves or by interaction with other substances may cause fire or explosion hazards, or in any other way be injurious to persons, property, or the operator of the sewage works.

(4) Any solids, slurries or viscous substances of such character as to be capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, 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. (The installation and operation of any garbage grinder equipped with a motor of three-quarter H.P. or greater shall not be used to discharge wastes into the sewer.)

(6) Any noxious or malodorous substance, which either singly or by interaction with other substances is capable of causing objectionable odors, personal injury, or hazard to life; or forms solids or creates any other condition deleterious to structures or treatment processes; or requires unusual provisions, alteration, or expense to handle such materials.

(7) Any waters or wastes having a pH lower than six or higher than 10.5 or having any corrosive property capable of causing damage or hazards to structures, equipment, or personnel.

(8) Any wastes or waters containing suspended or dissolved solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment or in the public sewage works.

(9) Any water or wastes containing a toxic or poisonous substance such as plating or heat treating wastes in sufficient quantity to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, or to create any hazard in the receiving waters or the sewage treatment plant.

(10) Any cyanide greater than 1.0 part per million, as CN.

(11) Any hexavalent chromium greater than 2.0 parts per million.

(12) Any trivalent chromium greater than 5.0 parts per million.

(13) Any copper greater than 1.0 part per million.

(14) Any nickel greater than 1.0 part per million.

(15) Any cadmium greater than 1.0 part per million.

(16) Any zinc greater than 1.0 part per million.

(17) Any phenols greater than .005 parts per million.

(18) Any iron greater than 2.0 part per million.

(19) Any tin greater than 1.0 part per million.

(20) Any barium greater than 1.0 part per million.

(21) Any lead greater than 1.0 part per million.

(22) Any silver greater than 1.0 part per million.

(23) Any chlorides greater than 250 parts per million.

(24) Any radioactivity as radium minus 226 and strontium minus 90 greater than three uuc per liter and ten uuc per liter respectively. In the known absence of strontium minus 90 and alpha emitters the known concentration shall not be greater than 1,000 uuc per liter.

(25) Any arsenic greater than .05 part per million.

(26) Any boron greater than 1.0 part per million.

(27) Any manganese greater than 1.0 part per million.

(28) Any mercury greater than .005 part per million.

(29) Any selenium greater than .02 part per million.

(C) Except in quantities, or concentrations, or with provisions as stipulated herein, it shall be unlawful for any person, corporation or individual, to discharge waters or wastes to the sanitary sewer containing the following:

(1) Free or emulsified oil and grease exceeding on analysis an average of 100 parts per million (833 pounds per million gallons) of either or both or combinations of free or emulsified oil and grease, if, in the opinion of the approving authority it appears probable that such wastes:

(a) Can deposit grease or oil in the sewer lines in such manner to clog sewers;

(b) Can overload skimming and grease handling equipment;

(c) Are not amenable to bacterial action and will therefore pass to the receiving waters without being affected by normal sewage treatment processes; or,

(d) Can have deleterious effects on the treatment process due to the excessive quantities.

(2) Any radioactive wastes greater than the allowable stipulated in subsection (24) above.

(3) Cyanides or cyanogen compounds capable of liberating hydrocyanic gas on acidification in excess of one-half part per million by weight as CN in the wastes from any outlet into the public sewers.

(4) Materials which exert or cause the following:

(a) Unusual concentrations of solids or composition; as for example, in total suspended solids or inert nature (such as Fuller's earth) and/or in total dissolved solids (such as sodium chloride, or sodium sulfate);

(b) Excessive discoloration;

(c) Unusual biochemical oxygen demand or an immediate oxygen demand;

(d) High hydrogen sulfide content; or

(e) Unusual flow and concentration shall be pretreated to a concentration acceptable to the city, if such wastes can:

(1) Cause damage to collection facilities;

(2) Impair the processes;

(3) Incur treatment costs exceeding those of normal sewage; or

(4) Render the water unfit for stream disposal.

Where discharges of such wastes to the sanitary sewer are not properly pre-treated or otherwise corrected, the approving authority shall reject the wastes or terminate the service of water and/or sanitary sewer.

(Ord. No. 1799, § V, 10-18-1971)

Any person desiring to deposit or discharge any industrial waste into the public sewers of the city, or any sewer connected therewith, shall make application to the approving authority for a permit therefor upon application forms to be obtained from the city.

(Ord. No. 1799, § VI, 10-18-1971)

Grease, oil and sand interceptors shall be provided for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwellings. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for easy cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be substantially constructed, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. Grease, oil and sand interceptors shall be maintained by the permittee, at his expense, in continuously efficient operation at all times.

(Ord. No. 1799, § VI, 10-18-1971)

Any person discharging or desiring to discharge an industrial waste mixture into the public sewers of this city, or any sewer connected therewith, shall provide and maintain in a suitable, accessible position on the permittee's premises, or such premises occupied by him, an inspection chamber or a manhole near the outlet of each sewer, drain, pipe, channel, or connection which communicates with the sewer or sewer works of the city or any sewer connected therewith. Each such manhole or inspection chamber shall be of such design and construction which will prevent infiltration by ground and surface waters and be filtered by screens with a maximum opening of one inch but sufficient fineness to prevent the entrance of objectionable slugs of solids to the sanitary sewer system, and shall be so maintained by the person discharging wastes to that any authorized representative or employee of the city may readily and safely measure the volume and obtain samples of the flow at all times. Plans for construction of the control manholes, or inspection chambers, including such flow measuring devices as may be required, shall be included with the industrial sewer connection application.

(Ord. No. 1799, § VI, 10-18-1971)

Sampling of the effluent of waste discharges may be accomplished manually or by use of mechanical equipment to obtain a composite sample which would be representative of the total effluent. Samples shall be taken at six month intervals to establish the B.O.D. suspended solids and chlorine demand of the industrial waste for billing purposes, or at such intervals as determined by the approving authority as necessary to maintain a control over the discharges from the permittee. The method used in the examination of all industrial wastes to determine B.O.D., suspended solids, chlorine demand and prohibited wastes shall be set forth in "standard methods."

(Ord. No. 1799, § VI, 10-18-1971)

No unauthorized person shall break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the sewage works.

(Ord. No. 1799, § VII, 10-18-1971)

The approving authority, and other duly authorized employees of the city, acting as its duly authorized agent, shall be permitted to gain access to such properties as may be necessary for the purpose of inspection, observation, measurement, sampling and testing industrial waste in accordance with provisions of this article.

(Ord. No. 1799, § VIII, 10-18-1971)

(a) Persons discharging industrial wastes which exhibits none of the characteristics of wastes prohibited previously other than excessive B.O.D. or suspended solids but having a concentration for a duration of 15 minutes greater than four times that of normal sewage as measured by suspended solids and B.O.D. and/or an average concentration during a normal working day of the permittee's industry of suspended solids or B.O.D. content in excess of normal sewage as defined in definitions as normal domestic sewage shall be required to pretreat the industrial wastes to meet the requirements of normal sewage; however, such wastes may be accepted for treatment if the following requirements are met:

(1) The waste will not cause damage to the collection and treatment facilities.

(2) The waste will not impair the treatment process.

(3) The donor of the waste enters into an industrial sewer connection application agreement and agrees to pay the sewer service charge and industrial waste surcharge.

(b) The donor of the wastes accepted under subsection (a) above shall enter into an industrial sewer connection application agreement with the city providing for a surcharge over and above published water and sewer rates. The basis for surcharge on industrial wastes is a capital and operating cost of $0.12 per part per million per million gallons for the B.O.D. (biochemical oxygen demand) and a capital and operating cost of $0.45 per part per million per million gallons for the suspended solids exceeding normal sewage. The cost of chlorination is based on the city's cost of chlorine per pound per million gallons for each part exceeding the five parts of normal sewage. These rates shall continue until changed by action of the city council following changes in the price of chlorine paid by the city. The surcharge shall be calculated for billing purposes with the following formula:

S.C. = V[0.12(B.O.D.-240)+0.45 (SS ₁ -240) +8.345 Pc (C-5)]

Where:

S.C. = Surcharge in dollars for time related to volume

V = Volume in million gallons based on metered water

B.O.D. = B.O.D.-5 days at 20 degrees Celsius of industrial waste (ppm)

SS ₁ = Suspended solids of industrial waste (ppm)

Pc = City's price of chlorine per pound

C = Chlorine demand of the industrial waste (ppm)

(c) Industrial waste surcharge provided for in this article shall be included as a separate item on the regular bill for water and sewer charges and shall be paid monthly in accordance with the existing practices. Surcharges shall be paid at the same time that the water, sewer and sanitation charges of the person become due, and payment for water and sanitation services shall not be accepted without payment also of the sewer service charges and industrial waste surcharges.

(Ord. No. 1799, § IX, 10-18-1971)

Failure to pay monthly bills for water and/or sanitary sewer service, when due, or failure to pay the established sewer surcharge for industrial waste, when due, or discharge of prohibited waste into the sanitary sewer shall be sufficient cause for the city to disconnect any and all services to the water and/or sanitary sewer mains of the city, in addition to the other penalties provided for the violation of this article.

(Ord. No. 1799, § X, 10-18-1971)

This article sets forth uniform requirements for the users and the construction of facilities in or on land within 150 feet of the wells in order to promote sanitary conditions in and around such wells, to secure all such land from pollution hazards, and to enable the city to comply with all applicable state and local regulations.

The objective of this article is to prevent certain uses and the construction of facilities in or on land surrounding the wells, which might create a danger of pollution to the water produced from such wells.

(Ord. No. 16-011, § 1, 3-7-2016)

For the purpose of this chapter, the word "wells" shall mean the public water supply wells owned and operated by the city.

(Ord. No. 16-011, § 1, 3-7-2016)

The following activities are prohibited within the designated areas of land surrounding the wells:

(1) Construction and/or operation of any underground petroleum and/or chemical storage tank, liquid transmission pipeline, stock pen, feedlot, dump grounds, privy, cesspool, septic tank, sewage treatment plant, sewage wet well, sewage pumping station, drainage ditch which contains industrial waste discharges or the wastes from sewage treatment systems, solid waste disposal site, land on which sewage plant or septic tank sludge is applied, land irrigated by sewage plant effluent, septic tank perforated drain field, absorption bed, evapotranspiration bed, area irrigated by low dosage, low angle spray on-site sewage facility, military facility, industrial facility, wood treatment facility, liquid petroleum and petrochemical production, storage, and/or transmission facility, class 1, 2, 3, and/or 4 injection well, pesticide storage and/or mixing facility, abandoned well, inoperative well, improperly constructed water well of any depth, and all other construction or operation that could create an unsanitary condition is prohibited within, upon, or across all areas of land within a 150-foot radius of the wells. For the purposes of this article, "improperly constructed water wells" are those wells that do not meet the surface and subsurface construction standards for a public water supply well.

(2) Construction and/or operation of tile or concrete sanitary sewers, sewer appurtenances, septic tanks, storm sewers, and cemeteries is specifically prohibited within, upon, or across any area of land within a 50-foot radius of the wells.

(3) Construction of homes or building upon any area of land within a 150-foot radius of the wells is permitted, provided the restrictions described above are met.

(4) Livestock shall not be allowed within a 50-foot radius of the wells.

(Ord. No. 16-011, § 1, 3-7-2016)

City employees, or authorized representatives of the city, bearing proper credentials and identification, shall be permitted to immediately enter upon any premises located within a 150-foot radius of any well to conduct an inspection or observation necessary to enforce this article.

(Ord. No. 16-011, § 1, 3-7-2016)

Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $500.00. Each day of violation shall constitute a separate offense.

(Ord. No. 16-011, § 1, 3-7-2016)

Any person who shall violate any provision of this article shall be required to remove the prohibited construction or potential source of contamination within two days after notification that they are in violation of this article.

(Ord. No. 16-011, § 1, 3-7-2016)

Whenever any applicable statute, regulation, or permit of any state, federal, or other agency, having jurisdiction over the subject matter of this article, is in conflict herewith, the stricter requirement shall apply, unless mandated otherwise.

(Ord. No. 16-011, § 1, 3-7-2016)

(a) The provisions of the V.T.C.A., Local Government Code, ch. 552, subchapter C are hereby adopted to create a drainage utility for the city. Accordingly, drainage of the city is hereby declared to be a public utility.

(b) The service area for the drainage utility shall include all real property within the city limits of the city.

(c) The city council finds that:

(1) Impervious cover increases runoff and associated pollutants; and

(2) It is equitable to assess the drainage charge to each user based on impervious cover.

(d) Pursuant to the V.T.C.A., Local Government Code, §§ 552.053 and 580.003, the following shall be exempt from the provisions of this article:

(1) Property with proper construction and maintenance of a wholly sufficient and privately-owned drainage system;

(2) Property held and maintained in its natural state, until such time that the property is developed, and all of the public infrastructure constructed has been accepted by the municipality in which the property is located for maintenance;

(3) A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the city;

(4) State agencies; and

(5) Public or private institutions of higher education.

(e) The city incorporates into the drainage utility system all existing property, facilities, materials, and supplies constituting the city's drainage system on the effective date of this article. All future acquisitions by the city of real or personal property used in the city's drainage system shall be maintained as a part of the drainage utility.

(Ord. No. 24-056, § 2(App. A), 8-5-2024)

(a) The establishment of the drainage utility by the city does not relieve private land owners, developers, other individuals and entities from responsibility for providing drainage improvements in connection with land development pursuant to the other ordinances of the city or laws of the State of Texas that relate to stormwater runoff, drainage management, or drainage improvements.

(b) The establishment of the drainage utility does not imply or warrant that a benefitted property will be free from flooding, stormwater pollution, or stream erosion. The city makes no representation that all drainage problems will be remedied. This article does not create additional duties on the part of the city or create new liability or remedies for any flooding, stream erosion, deterioration of water quality, or other damages. Nothing in this article shall be deemed to waive the city's immunity under law or reduce the need or necessity for flood insurance.

(Ord. No. 24-056, § 2(App. A), 8-5-2024)

To the extent this article conflicts with any other provision in this Code, the provisions shall be harmonized when possible, however, this article shall control and supersede any other provision regarding the drainage utility system.

(Ord. No. 24-056, § 2(App. A), 8-5-2024)

Terms defined herein are specific to this article and shall not be construed as conflicting with similar terms in other parts of this Code. Terms not otherwise defined herein shall be given the definitions contained in the V.T.C.A., Local Government Code, ch. 552, subchapter C.

(a) The Act means the V.T.C.A., Local Government Code, ch. 552, subchapter C.

(b) Benefitted property means an improved lot or tract to which drainage service is made available under this chapter.

(c) Commercial property shall mean all improved properties within the city other than residential property, including, but not limited to, commercial, industrial, institutional, government, apartment, and religious organization land uses.

(d) Cost of service means the costs for drainage system service to a benefitted property, which shall be the total of:

(1) Prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights-of-way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefitted property;

(2) Prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property;

(3) Prorated cost of architectural, engineering, legal and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, equipment, and facilities used in draining the benefitted property;

(4) Prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property;

(5) Prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a drainage facility used in draining the benefitted property;

(6) Prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other drainage revenue-pledge securities or obligations issued by the city; and

(7) Administrative costs of operating and maintaining a drainage utility system.

(e) Drainage means bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses.

(f) Drainage utility charge means the levy imposed to recover the cost of the service of the city in furnishing drainage for any benefitted property, including any interest and penalties; and amounts made in contribution to funding of future drainage system construction by the city.

(g) Drainage system means the drainage system owned or controlled in whole or in part by the city and dedicated to the service of benefitted property, including any future additions, extensions, and improvements thereto and replacement thereof.

(h) Facilities means the real, personal, or mixed property that is used in providing drainage and included in the system.

(i) Impervious area or Impervious surface means a surface which has become compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Impervious areas include, but are not limited to, compacted soils, graveled surfaces subject to motorized vehicular traffic, walkways, buildings, parking lots, pavement, and ingress/egress driveways. "Impervious area" or "Impervious surface" does not include sidewalks located in the public right-of-way and as further defined in this Code. For purposes of this definition a "walkway" is a pedestrian way in the interior of a lot or tract that is not located in the public right-of-way.

(j) Improved lot or tract means a lot or tract that has a structure, or as further defined in this Code, or other improvement on it that causes an impervious surface or area.

(k) Parcel means one or more lots or portions of lots that are contiguous and under single ownership.

(l) Public utility means drainage service that is regularly provided by the city through city property dedicated to that service to the users of benefited property within the service area and that is based on:

(1) An established schedule of charges;

(2) Use of the police power to implement the service; and

(3) Nondiscriminatory, reasonable, and equitable terms consistent with the Act.

(m) Residential property means any improved lot or tract with single-family home, duplex, triplex, quadplex, or condominium.

(n) Service area means all property within the municipal boundaries of the city.

(o) User or Customer means the person or entity that owns or occupies a benefitted property.

(p) Wholly sufficient and privately-owned drainage system means drainage from an improved lot or tract which does not discharge into any natural or manmade waterway or drainage infrastructure including public streets, storm drains, culverts, drainage easements, or storm water ponds that are part of the drainage system.

(Ord. No. 24-056, § 2(App. A), 8-5-2024)

A separate fund is hereby created, known as the drainage utility fund, for the purpose of segregating, identifying, and controlling all revenues and expenses attributable to the drainage utility. All drainage utility charges shall be accounted for as collected and received into this fund and shall be used exclusively for drainage cost of service. Such utility revenues may be used for the operation, planning, engineering, inspection, construction, repair, maintenance, improvement, reconstruction, administration, debt issuance cost and debt service, and other reasonable and customary expenses associated with the operation of a utility system. It shall not be necessary that the expenditures from the drainage utility fund for any authorized purpose specifically relate to or benefit any particular benefited property from which the revenues were collected.

(Ord. No. 24-056, § 2(App. A), 8-5-2024)

The city manager or his or her designee shall be responsible for the administration of the drainage utility, including, but not limited to, enacting any procedures necessary for the administration of the drainage charges and the consideration of appeals, development, and implementation of maintenance and facility improvement programs, state and federal regulatory compliance, and establishing drainage criteria and standards for the drainage system. The city shall keep an accurate record of all properties benefited by the services and facilities of the drainage utility.

(Ord. No. 24-056, § 2(App. A), 8-5-2024)

(a) A drainage utility charge is hereby imposed upon each improved lot and parcel within the service area. The drainage utility charge shall be billed after October 1, 2024. Drainage utility charges shall be billed on a monthly basis thereafter for the duration of the drainage utility.

(b) For purposes of imposing the drainage utility charge, all lots and parcels within the city are classified into the following customer categories based on the predominant land use:

(1) Residential property; and

(2) Commercial property.

(c) The residential drainage charge is calculated based on an inventory of lots and tracts within the service area and is calculated as a flat fee for all benefitted residential properties.

(d) The commercial drainage charge is calculated based on the amount of impervious surface area within each benefitted commercial property.

(e) The development services department shall be responsible for determining impervious area of property based on reliable data, including the appraisal roll, geographic information system technology, aerial photography, or other reliable means for determining impervious area. The development services department may require additional information from the property owner, tenant, manager or developer to make the determination. The amount of a charge may be revised by the development services department based on any additions to the impervious area through the city approved building permit process.

(f) The city council may review the schedule of charges at any time and may increase or decrease charges upon a determination that an increase or decrease is warranted.

(g) No drainage utility charge credit shall be given for the installation of drainage facilities required by the Code or state law.

(Ord. No. 24-056, § 2(App. A), 8-5-2024)

(a) Bills or statements for the drainage utility charge shall be rendered by the city for all properties subject to the charge. Bills shall be payable when rendered and shall be considered received by the customer, whether actually received or not, when deposited in the United States mail, postage prepaid, addressed to the utility customer or sent via the city's electronic billing system. Bills shall be rendered monthly for the previous month's service.

(b) The city shall assume that each utility account in the service area serves one or more users of a benefitted property, and shall assess the drainage charges to the person responsible for payment of the utility account. The city shall calculate the drainage charges for all users and shall assess the drainage charges to the person responsible for payment of the utility account. If there is more than one user of a benefited property (which is non-residential), then the charges shall be assessed to the owner of the benefited property, unless instructed by the owner of the benefited property, in writing, to bill users on a prorated basis.

(c) Bills are due and payable on the date specified thereon and if full payment is not made by the date specified, the bill shall become delinquent.

(d) Drainage utility charges shall be billed with the city's other public utility billings and shall be identified separately on the bill as a drainage utility charge. Drainage utility charges are subject to the billing procedures, penalties, discounts, interest, and other terms of the city's regulations.

(e) Any charge due hereunder which is not paid when due will subject the user to discontinuance of all utility services provided by the city and may be recovered in an action at law or in equity by the city including fixture of a lien against the property, as allowed by law.

(f) The city shall have access, at all reasonable times, to any benefited property served by the drainage utility for necessary inspection, repair of infrastructure or enforcement of this article.

(Ord. No. 24-056, § 2(App. A), 8-5-2024)

(a) Requests for adjustment of a drainage utility charge shall be submitted to the city's finance department. A user may apply for an adjustment if:

(1) The user believes that the drainage charge schedule, as applied to the user's benefitted property, does not fairly reflect the cost of service to the user's benefitted property;

(2) The user disputes the amount of impervious area used to calculate the drainage charge; or

(3) The user's drainage charge has been assessed in error.

(b) The following procedures shall apply to all requests for adjustment of the drainage utility charge:

(1) The user shall have the burden of proof.

(2) Any user who has paid drainage utility charges and who believes the calculation or determination of the drainage utility charge to be incorrect may, subject to the restrictions set forth in this article, submit an adjustment request to the finance department customer service office.

(3) Requests for adjustment of drainage utility charges paid by an owner, user or customer making the request shall be in writing and set forth in detail the grounds upon which relief is sought.

(4) Adjustment requests will be reviewed by the finance department within 20 days from the date of receipt of an adjustment request. Adjustments resulting from such a request shall be prospective but may be made retroactive for no greater time period than three monthly billings prior to the receipt of the request.

(5) The user requesting an adjustment may be required, at the user's cost, to provide supplemental information to the finance department, including, but not limited to, survey data certified by a Texas registered professional land surveyor (R.P.L.S.), or other documentation of impervious area. Failure to provide requested information may result in the denial of the adjustment request.

(6) The finance department's determination of the adjustment request shall be provided to the user, in writing, within 20 days of the later of receipt of the request for adjustment or receipt of any additional information submitted in accordance with this section. If the finance director approves the request, the adjustment to the drainage utility charge will be made.

(c) If the finance department denies the adjustment request, the user may, within ten days from the date of notification, appeal the decision to the city manager. The determination of the city manager on any appeal shall be final.

(Ord. No. 24-056, § 2(App. A), 8-5-2024)

(a) This article shall apply to all non-domestic users of the publicly owned treatment works (POTW), as defined in section 31-111 of this article.

(b) Grease traps or grease interceptors shall not be required for residential users.

(c) Facilities generating fats, oils, or greases as a result of food manufacturing, processing, preparation, or food service shall install, use, and maintain appropriate grease traps or interceptors as required in section 31-112 of this article. These facilities include but are not limited to restaurants, food manufacturers, food processors, hospitals, hotels and motels, prisons, nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption.

(d) No user may intentionally or unintentionally allow the direct or indirect discharge of any petroleum oil, nonbiodegradable cutting oil, mineral oil, or any fats, oils, or greases of animal or vegetable origin into the POTW system in such amounts as to cause interference with the collection and treatment system, or as to cause pollutants to pass through the treatment works into the environment.

(Ord. No. 24-104, § 2(App. A), 12-2-2024)

(a) Act means Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

(b) BOD means the value of the five-day test for Biochemical Oxygen Demand, as described in the latest edition of "Standard Methods for the Examination of Water & Wastewater."

(c) COD means the value of the test for chemical oxygen demand, as described in the latest edition of "Standard Methods for the Examination of Water & Wastewater."

(d) EPA means the United States Environmental Protection Agency.

(e) Fats, oils, and greases (FOG) means organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases."

(f) Generator means any person who owns or operates a grease trap/grease interceptor, or whose act or process produces a grease trap waste.

(g) Grease trap or interceptor means a device designed to use differences in specific gravities to separate and retain light density liquids, waterborne fats, oils, and greases prior to the wastewater entering the sanitary sewer collection system. These devices also serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection system. Grease traps and interceptors are also referred to herein as "grease traps/interceptors."

(h) Grease trap waste means material collected in and from an grease trap/interceptor in the sanitary sewer service line of a commercial, institutional, or industrial food service or processing establishment, including the solids resulting from de-watering processes.

(i) Indirect discharge or discharge means the introduction of pollutants into a POTW from any non-domestic source.

(j) Interference means a discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, or is a cause of a violation of the city's TPDES permit.

(k) pH means the measure of the relative acidity or alkalinity of water and is defined as the negative logarithm (base 10) of the hydrogen ion concentration.

(l) POTW or publicly owned treatment works means a treatment works which is owned by a state or municipality as defined by section 502(4) of the Clean Water Act. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes and other conveyances that convey wastewater to a POTW treatment plant. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. For purposes of this ordinance, the terms "sanitary sewer system" and "POTW" may be used interchangeably.

(m) TCEQ means the Texas Commission on Environmental Quality, and its predecessor and successor agencies.

(n) Transporter means a person who is registered with and authorized by the TCEQ to transport sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap waste, or grease trap waste in accordance with 30 Texas Administrative Code § 312.142.

(o) TSS means the value of the test for total suspended solids, as described in the latest edition of "Standard Methods for the Examination of Water & Wastewater."

(p) User means any person, including those located outside the jurisdictional limits of the city, who contributes, causes or permits the contribution or discharge of wastewater into the POTW, including persons who contribute such wastewater from mobile sources.

(Ord. No. 24-104, § 2(App. A), 12-2-2024)

(a) Installations.

(1) New facilities. Food processing or food service facilities which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include a food service facility, where such facility did not previously exist, shall be required to design, install, operate and maintain a grease trap/interceptor in accordance with the adopted plumbing codes or other applicable ordinances of the city. Grease traps/interceptors shall be installed and inspected prior to issuance of a certificate of occupancy.

(2) Existing facilities. Existing grease traps/interceptors must be operated and maintained in accordance with the manufacturer's recommendations and in accordance with this article, unless specified in writing and approved by the POTW.

(3) All grease trap/interceptor waste shall be properly disposed of at a facility in accordance with federal, state, or local regulation.

(b) Cleaning and maintenance.

(1) Grease traps and grease interceptors shall be maintained in an efficient operating condition at all times.

(2) Each grease trap pumped shall be fully evacuated unless the trap volume is greater than the tank capacity on the vacuum truck in which case the transporter shall arrange for additional transportation capacity so that the trap is fully evacuated within a 24-hour period, in accordance with 30 Texas Administrative Code § 312.143.

(c) Self-cleaning.

(1) Grease trap self-cleaning operators are approved by the POTW, provided:

a. The grease trap is no more than 50 gallons in liquid/operating capacity;

b. Proper on-site material disposal methods are implemented (e.g. absorb liquids into solid form and dispose into trash);

c. The local solid waste authority allows such practices;

d. Grease trap waste is placed in a leak proof, sealable container(s) located on the premises and in an area for the transporter to pump-out; and

e. Detailed records on these activities are maintained.

(2) Self-cleaners must adhere to all the requirements; procedures and detailed record keeping outlined in their approved application, to ensure compliance with this article. A maintenance log shall be kept by self-cleaning operators and, if requested, submitted to the city, that indicates, at a minimum, the following information:

a. Date the grease trap/interceptor was serviced;

b. Name of the person or company servicing the grease trap/interceptor;

c. Waste disposal method used;

d. Gallons of grease removed and disposed of;

e. Waste oil added to grease trap/interceptor waste; and

f. Signature of the operator after each cleaning that certifies that all grease was removed, disposed of properly, grease trap/interceptor was thoroughly cleaned, and that all parts were replaced and in operable condition.

(3) Violations incurred by grease trap self-cleaners will be subject to enforcement action including fines and/or removal from the self-cleaner program.

(d) Cleaning schedules.

(1) Grease traps and grease interceptors shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the grease trap/interceptor; to ensure the discharge is in compliance with local discharge limits; and to ensure no visible grease is observed in discharge. Grease traps shall not be serviced during quiet hours as defined in chapter 22, offenses-miscellaneous, section 22-4, noise.

(2) Grease traps and grease interceptors subject to these standards shall be completely evacuated a minimum of every 90 days, or more frequently when:

a. Twenty-five percent or more of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases; or

b. The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels established by the POTW; or

c. If there is a history of non-compliance.

(3) The POTW may grant an extension for required the 90-day cleaning frequency, but not more than 180 days, on a case-by-case basis when:

a. The grease trap/interceptor owner/operator has demonstrated the specific trap/interceptor will produce an effluent, based on defensible analytical results, in consistent compliance with established local discharge limits such as BOD, TSS, FOG, or other parameters as determined by the POTW; or

b. Less than 25 percent of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases.

(e) Manifest requirements.

(1) Each pump-out of a grease trap or interceptor must be accompanied by a manifest to be used for record keeping purposes.

(2) Persons who generate, collect and transport grease waste shall maintain a record of each individual collection and deposit. Such records shall be in the form of a manifest. The manifest shall include:

a. Name, address, telephone, and commission registration number of transporter;

b. Name, signature, address, and phone number of the person who generated the waste and the date collected;

c. Type and amount(s) of waste collected or transported;

d. Name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste;

e. Date and place where the waste was deposited;

f. Identification (permit or site registration number, location, and operator) of the facility where the waste was deposited;

g. Name and signature of facility on-site representative acknowledging receipt of the waste and the amount of waste received;

h. The volume of the grease waste received; and

i. A consecutive numerical tracking number to assist transporters, waste generators, and regulating authorities in tracking the volume of grease transported.

(3) Manifests shall be divided into five parts and records shall be maintained as follows.

a. One part of the manifest shall have the generator and transporter information completed and be given to the generator at the time of waste pickup.

b. The remaining four parts of the manifest shall have all required information completely filled out and signed by the appropriate party before distribution of the manifest.

c. One part of the manifest shall go to the receiving facility.

d. One part shall go to the transporter, who shall retain a copy of all manifests showing the collection and disposition of waste. One copy of the manifest shall be returned by the transporter to the person who generated the wastes within 15 days after the waste is received at the disposal or processing facility.

e. One part of the manifest shall go to the local authority.

(4) Copies of manifests returned to the waste generator shall be retained for five years and be readily available for review by the POTW.

(f) Alternative treatment.

(1) A person commits an offense if the person introduces, or causes, permits, or suffers the introduction of any surfactant, solvent or emulsifier into a grease trap. Surfactants, solvents, and emulsifiers are materials which allow the grease to pass from the trap into the collection system, and include but are not limited to enzymes, soap, diesel, kerosene, terpene, and other solvents.

(2) It is an affirmative defense to an enforcement of section 31-89(f)(1) that the use of surfactants or soaps is incidental to normal kitchen hygiene operations.

(3) Bioremediation media may be used with the POTW's approval if the person has proved to the satisfaction of the POTW that laboratory testing which is appropriate for the type of grease trap to be used has verified that:

a. The media is a pure live bacterial product which is not inactivated by the use of domestic or commercial disinfectants and detergents, strong alkalis, acids, and/or water temperatures of 160°F (71°C).

b. The use of the media does not reduce the buoyancy of the grease layer in the grease trap and does not increase the potential for oil and grease to be discharged to the sanitary sewer.

c. The use of the bioremediation media does not cause foaming in the sanitary sewer.

d. The BOD, COD, and TSS discharged to the sanitary sewer after use of the media does not exceed the BOD, COD, and TSS which would be discharged if the product were not being used and the grease trap was being properly maintained. pH levels must be between five and 11.

(4) All testing designed to satisfy the criteria set forth in section 31-89(f)(3) shall be scientifically sound and statistically valid. All tests to determine oil and grease, TSS, BOD, COD, pH, and other pollutant levels shall use appropriate tests which have been approved by the Environmental Protection Agency and the Texas Commission on Environmental Quality and which are defined in Title 40, Code of Federal Regulations, Part 136 or Title 30, Texas Administrative Code § 319.11. Testing shall be open to inspection by the POTW, and shall meet the POTW's approval.

(Ord. No. 24-104, § 2(App. A), 12-2-2024)

From time to time city council shall establish nonrefundable fees for the registration of grease traps or interceptors as described in this chapter. The fees so established shall include all administrative costs related to monitoring and ensuring compliance with this chapter including but not limited to the review and filing of maintenance logs and manifests.

(Ord. No. 24-104, § 2(App. A), 12-2-2024)

(a) If the POTW determines that a generator is responsible for a blockage of a collection system line the generator shall owe a civil penalty of $1,000.00 for the first violation, $1,500.00 for a second violation, and $2,000.00 for the third violation within a two-year period. Continuous violations shall result in an increase in penalty by $500.00 and may also result in termination of services.

(b) Any person violating any of the provisions of this article shall be subject to a written warning for the first violation, a $1,000.00 civil penalty for the second violation, a $1,500.00 civil penalty for the third violation, and a $2,000.00 civil penalty for the fourth violation within a two-year period. Consistent violations will result in a $500.00 increase in civil penalty and may result in termination of service.

(c) All such penalties as described above in this section may be charged to the customer's utility account.

(d) If the cost to the city to abate the violation is greater than the penalties as described above in this section, the customer may be charged as described above for said additional costs.

(Ord. No. 24-104, § 2(App. A), 12-2-2024)