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Ord 26-2002 4/2/2002ORDINANCE NO. 2 - DD aJ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, RECODIFYING SECTIONS 106 -921 AND 106 -922 OF CHAPTER 106, ARTICLE VII, DIVISION 6, REGARDING WASTEWATER DISCHARGE PERMIT FEES AND ABNORMAL SEWAGE SURCHARGES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EMERGENCY PASSAGE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls desires to make certain amendments to its regulations for disposal of industrial wastewater; and WHEREAS, the City is required to submit these changes for approval to the Texas Natural Resource Conservation Commission (TNRCC); and WHEREAS, the ordinance in its current form (codified as Chapter 106, Article VII, Regulations for Disposal of Industrial Wastewater), contains regulations of fees, rates and charges, codified as Sections 106 -921 and 106 -922; and WHEREAS, if such sections are submitted to TNRCC as part of the industrial pretreatment ordinance, any subsequent amendments the City Council would desire to make to such fees, rates and charges would have to be submitted for approval to the TNRCC; and WHEREAS, the City Council prefers to have the ability to make any desired amendments to the fees, rates and charges associated with industrial pretreatment without having to obtain approval from the TNRCC; and WHEREAS, a recodification of Section 106 -921, Wastewater Discharge Permit Fees, and Section 106 -922, Abnormal Sewage Surcharge, to remove them from Article VII, Regulations for Disposal of Industrial Wastewater, would allow the City Council to retain autonomous control over the regulation of these fees, rates and charges. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Sections 106 -921, Wastewater Discharge Permit Fees, and Section 106 -922, Abnormal Sewage Surcharge, of Chapter 106, Utilities, Article VII, Regulations for Disposal of Industrial Wastewater, are hereby recodified as Sections 106 -922 and 106 -923, respectively, at Article VIII, Fees, Rates and Charges, and shall hereafter read as follows: i . R "ARTICLE VIII. FEES, RATES AND CHARGES Sec. 106 -922. Wastewater discharge permit fees. a) Wastewater discharge permit fees shall be fixed according to the following schedule: (1) Categorical industries $400.00 (2) Non - categorical significant industries 300.00 (3) Other industries 200.00 b) The rates in subsection (a) of this section are for a permit issued for a period of one year. The Control Authority may prorate the amounts for permits with shorter durations or may multiply the amounts by the appropriate factor for multiyear permits. Unless otherwise designated on the permit, all permits expire at 12:00 midnight on December 31 of the designated year. Sec. 106 -923. Abnormal sewage surcharge. (a) Abnormal sewage shall be defined as sewage containing BOD and /or TSS in concentrations greater than 300 mg /I and /or fats, oils and grease in concentrations greater than 100 mg /I. (b) Any industrial user whose discharge contains abnormal sewage shall be subject to a monthly sewage surcharge payable to the City Utility Collection Division. The surcharge shall be in addition to monthly sewer service charges. Monthly surcharges shall stay in effect until such time as the industrial user demonstrates that it has reduced the abnormality. The reduction must be attained in accordance with section 106 -822 and subdivision III of division 4 of this article. The surcharge shall be based on data determined by approved methods of the Environmental Protection Agency (see 40 CFR 136). This data shall be derived from all sampling done at least in the previous six -month period, but this period may be longer if deemed appropriate by the Control Authority. The Control Authority reserves the right to either increase or decrease the surcharge at any time to reflect additional data from sampling. (c) The surcharge for abnormal BOD shall be $0.075 per 100 cubic feet of water usage for each unit or fraction of 300 mg /I in excess of 300 mg /I. Any discharge of water or wastewater with a concentration of BOD more than five times the average 24 -hour concentration of normal operations of the industrial user shall be prohibited without the prior notification and specific permission of the Control Authority. (d) The surcharge for abnormal TSS shall be $0.075 per 100 cubic feet of water usage for each unit or fraction of 300 mg /I in excess of 300 mg /I. Any discharge of water or wastewater with a concentration of TSS more than five times the average 24 -hour concentration of normal operations of the industrial user shall be prohibited without the prior notification and specific permission of the Control Authority. (e) The surcharge for abnormal fats, oils and grease shall be $0.075 per 100 cubic feet of water usage for each unit or fraction of 200 mg /I in excess of 100 mg /I. Discharge of fats, oils and grease over 500 mg /I is prohibited. (f) Each surcharge shall be assessed separately. For sewage containing more than one abnormal constituent, the surcharges shall be added together. (g) This charge shall be reviewed annually by the Control Authority who may recommend to the City Council adjustments as necessary to reflect true costs to the City." SECTION 2. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. SECTION 3. Due to the fact that the regulations for disposal of industrial wastewater affect the health, safety and welfare of the citizens of the City of Wichita Falls, this ordinance is declared to be an emergency measure and shall become effective immediately upon its passage. SECTION 4. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 2nd day of April, 2002. MAYOR ATTEST: City Clerk