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HomeMy WebLinkAboutORD 2010-067 ORDINANCE NO. 2010-67 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING SECTION 25- 74(a)(2) OF CHAPTER 25 UTILITIES AND SERVICES RELATIVE TO INDUSTRIAL WASTEWATER TREATMENT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Grapevine is authorized to adopt ordinances to protect the health, safety, and welfare of the public; and WHEREAS, the City of Grapevine is currently provided Wastewater Treatment Services by the Trinity River Authority; and WHEREAS, the terms of the contract for service with the Trinity River Authority requires that the discharge limits adopted by the authority be similarly adopted by the City of Grapevine; and WHEREAS, the Trinity River Authority provides a pretreatment surcharge formula of Surcharge = Q/1,000,000 x [a(BOD-250) + b(TSS-250)][8.34]; and WHEREAS, the City of Grapevine City Council deems the passage of this ordinance to be in the best interest of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the above premises are found to be true and correct and are incorporated in the body of this ordinance as if copied in their entirety. Section 2. That Chapter 25, Article II, Division 3. Industrial Wastes, Section 25-74(a)(2) is hereby amended in its entirety and replaced in its entirety as follows: "Surcharge. The city may surcharge industrial users for the treating of abnormal strength wastes. Water or wastes having: a. A five-day biochemical oxygen demand greater than 250 parts per million (ppm) by weight or b. Containing more than 250 parts per million by weight of total suspended solids shall be subject to the review and approval of the designated city official. Where the designated city official has approved the admission of subsections a. or b. above into the POTW, that discharge may be subject to a surcharge as determined by the designated city official. In no case shall a discharge be accepted that will prevent the POTW from meeting its limits. The surcharge will be assessed according to the following formula each month using the most current pollutant concentration data and the current months' wastewater flow: Surcharge = Q/1,000,000 x [a(BOD-250) + b(TSS-250)][8.34] Where: TABLE INSET: Q = Flow in gallons 8.34 = Weight in pounds of one gallon of water x = Normal limits of BOD in domestic wastewater expressed in milligrams per liter y = Normal limits of TSS in domestic wastewater expressed in milligrams per liter a = latest unit cost of treatment per pound of BOD. b = latest unit cost of treatment per pound of TSS. BOD = Measured amount of BOD, in mg/I TSS = Measured amount of TSS, in mg/I A surcharge is an additional charge by the POTW for the increased cost of handling discharge of unusual strength and character and shall not serve as a variance to the requirements of this division. Exercise of this provision shall not be a bar to, or a prerequisite for, taking any other action against the user." Section 3. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto, any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. That the fact that the present ordinance and regulations of the City if Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates and emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of December, 2010. ORD. NO. 2010-67 2 APPROVED: William D. Tate Mayor ATTEST: k et- ze Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 201 0-67 3