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HomeMy WebLinkAboutORD 97-01 - Waste of Abnormal StrengthORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING SECTION 13.24..020 B AND C OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS, RELATING TO SURCHARGE FOR WASTE OF ABNORMAL STRENGTH — COST FOR TESTING; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of Georgetown, Texas, finds that it is necessary and essential in the public interest of the health, safety and general welfare of the citizens of the City of Georgetown Texas, to revise its provisions governing the surcharge for wastes of abnormal strength and costs for testing; WHEREAS, the City is required by the Texas Natural Resource Conservation Commission rules and specific requirements for its wastewater discharge permit to add certain provisions to its ordinance to provide greater water quality controls; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Utilities and Energy Policy 2 of the Century Plan - Policy Plan Element, which states: "The City will establish utility policies which take into consideration the needs of all citizens of the community and take necessary precautions to prevent harmful ecological impact on the environment", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Subsections B and C of Section 13.24.020 of the Code of Ordinances of the City of Georgetown, Texas are hereby amended to read as follows: "B. The determination of B.O.D. and suspended materials shall be by an independent laboratory selected by the City. The sample shall be a 6 -part composite sample taken by a City authorized collection. The time of selection of the sample shall be at the sole discretion of the City and is intended to be at random intervals. C. When tests show that a surcharge should be applied, continued or increased over the base rates, the owner shall be billed at the rate of $26.00 BOD Test Ordinance No. Page 1 of 2 monthly for the B.O.D. and T.S.S. tests to cover lab fees. When a surcha'"rge is in effect, the test will be conducted at least once each month. Should the customer desire a more frequent testing schedule for the purpose of averaging, the customer will be required to pay an additional $75.00 for each additional combination of tests conducted. When such tests made by the City reveal that the surcharge is no longer applicable, no charge will be made to the customer for such tests." SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 10th day of December, 1996. PASSED AND APPROVED on Second Reading on the 14th day of January, 1997. ATTEST: I� `5 Sandra Lee City Secretary ROVED AS TO FORM: Marianne Landers Banks City Attorney BOD Test Ordinance No. Page 2 of 2 THE CITY OF GEORGETOWN: By: LEO WOOD Mayor