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Home My WebLink AboutORD 1985-070 CITY OF GRAPEVINE, TEXA� ORDINAlVCE NO. 85-70 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS, BY AMENDING CHAPTER 25, DIVISION 3, RELATING TO IIVDUSTRIAL WA�TES BY AMENDING SECTIONS 25-60, 25-81(a), 25-81(d), 25-82(a), 25-83 AND 25-85(a); F'RO- VIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE ,� SHALL BE DEEMED COMMITTED U�'ON EACIi DAY DURING OR ON WHICH A VIOLATION OCCURS; PFtOVIDING A SEVERABILITY � CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING � AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPE- VINE, i EXAS: �e�:tion l. That Chapter 25, Division 3 of the City Code of the City of Gra�;��ine, Texas, relating to Industrial Wastes is hereby amended in the foll�v�in� particulars and all other existing Sections, Subsections, Paragraphs, Senie.:::e�, Definitions, Phrases and Words of said City Code are not amended, but sna�� remain intact and are hereby ratified, verified and affirmed: A. That Se��ion 25-60 is amended by deleting the definition of Su�c:r�i��'iendent (betwecn the definitions of Storm water and Suspended solids) anc; aa�.�ing the defini�ion of Director (between the definitions of Control point anc: G«rbage) to read �s follows: "Director: The public works director of the City or his duly authorized represEn�ative." B. That 5ection °�5-81(a) is amended to read as follows: "(a) The director is hereby authorized and dire�ted ta eitior�e all p�^ the provisions of this division. He shaTl have the power to issue � and serve notices, citations and other ne�essary documents for 'y� purposes of enforcing this division. The director and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this division." C. That Section 25-81(d) is amended to read as follows: "(d) The director and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter all private properties through which the city holds a negotiated easement for the purposes of: (1) Inspection, observation, measurement, sampling, or repair; (2) Maintenance of any portion of the sewerage system lyin� within the easements; and (3) Conducting any other authorized activity. All activities shall be conducted in full accordance with the terms of the negotiated easement pertaining to the private property '""�"" involved." D. That Section 25-82(a) is amended to read as follows: � "(a) The director may terminate water and waste water disposal service and disconnect an industrial customer from the system when: (1) Acids or chemicals damaging to sewer lines or treatment process are released to the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of waste water; (2) A governmental agency informs the city that the effluent from the waste water treatment plant is no longer of a quality permitted for discharge to a watercourse, and it is t'ound that the customer is delivering waste water to the city's system that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment; or (3) The industrial customer: (i) Discharges industrial waste or waste water that is in "�"'�" violation of the permit issue by the approving authority; (ii) Discharges waste water at an uncontrolled, variable �, rate in sufficient quantity to cause an imbalance in the waste water treatment system; (iii) Fails to pay monthly bills for water and sanitary sewer services when due; or (iv) �tepeats a discharge of prohibited wastes to public sewers." E. That Section 25-83 is amended to read as follows: "The director shall serve persons discharging in violation of this division with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance." F. That Section 25-85(a) is amended to read as follows: "(a) A person who violates any provision of this division is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in section 1-6 for each act of violation and for each day of violation." Section 2. If any section, article, pararaph, sentence, clause, phrase or �,,, word in this ordinance, or application thereto any person or circumstance is held ' invalid or unconstitutional by a Court of competent jurisdiction such holding shall not affect the validity of the remaining portions of the 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 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Qne Thousand Dollars ($1,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 4. The fact that the present ordinances and regulatior�s of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and �eneral welfare of the public whi�h requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED on the 19th d�y of Nov mber , 1985. ,�� --- ayor, City of Grapevine, ?'exas �� ATTEST: �l.l�.� Cit Secretary [SEAL] APPROVED AS TO FORM: City Attorney