CHAPTER 13

UTILITIES

   ARTICLE 13.01 GENERAL PROVISIONS*

   Sec. 13.01.001     Definitions

For the purpose of enforcing this chapter, the following terms shall have the meaning given herein:

Fire hydrant meter. A meter installed on a publicly owned fire hydrant which registers the amount of water obtained through said meter by a customer in a given time period.

Individual meter. A meter installed on or near the premises of a customer which registers the amount of water consumed only for the residential family unit or for one commercial or industrial enterprise.

Master meter. A meter installed on or near the premises of a customer which registers the amount of water consumed for more than one residential family unit or from more than one commercial or industrial enterprise.

Sewer tap. Service connection to the city sewage collection line.

Water tap. Service connection to the city water transmission line.

(1989 Code, ch. 10, sec. 1)

   Sec. 13.01.002     Inspection of premises by utility inspectors; correction of unsafe or defective conditions prerequisite to furnishing service

(a)     Utility inspectors of the city shall the right to enter any premises, building, dwelling house or structure in the city for the purpose of conducting a visual inspection of both the interior and exterior thereof in order to locate potential hazards or structural defects in or on such premises, buildings or structures.

(b)     In the event that the visual inspection authorized herein discloses the existence of any structural defects or safety hazards in or on the subject premises, building, or structure, then the owner of the subject structure and premises shall take necessary action to correct the subject defect or hazard as a prerequisite to the furnishing of utility services by the city. City utility services, including water, electricity, and all other utility services, shall not be connected to the subject structure, premises, appliances or equipment until said safety hazards or structural defects have been corrected and eliminated based upon a final inspection and authorization for utility services by utility inspectors of the city.

(1989 Code, ch. 3, sec. 10)

   Sec. 13.01.003     Accessibility of meters

(a)     Employees of the city shall have the right to enter upon the property of utility customers of the city at any time for the purpose of inspecting, installing, removing, and repairing utility meters of the city and also for the purpose of reading utility meters on the property of utility customers to determine the usage of utilities by such customers.

(b)     Each utility customer of the city and their agents, employees, and representatives shall provide employees of the city with free and open access to their property on which a city utility meter is located and also free access to the city utility meters on said property for the purpose of reading the meters to determine the amount of utilities used on said property and also for any other authorized purpose as heretofore set out in this section.

(c)     Each utility customer of the city and their agents, employees, and representatives shall eliminate and prevent all safety hazards on their property that endanger the personal safety and well-being of any city employee coming on their property for the purpose of reading the utility meter or other lawful purposes, including safety hazards from dogs and other animals on the property of the utility customer.

(d)     In the event that a safety hazard as heretofore defined exists on the property of a city utility customer which restricts the city employee from having free access to the utility meter on said property or if there is any other restriction that prevents free access to the meter, then the city employee shall make additional visits as needed to the property to read the meter or for other lawful purposes, and the utility customer shall then be charged a fee of one hundred dollars ($100.00) for each additional visit caused by the existence of a safety hazard or by the existence of any other condition which prevents free access to the meter.

(Ordinance adopted 11/15/05, sec. I)

   ARTICLE 13.02 BILLING PROCEDURES

   Sec. 13.02.001     Application for services

Written application for utility services shall be made to the city. Such application shall state the name and mailing address of the applicant, the location of the service desired, and the type service desired. (1989 Code, ch. 10, sec. 4(A))

   Sec. 13.02.002     Deposits

(a)     Amount.

Property owner, residential

All utilities

$150.00

 

Water, sewer, trash only

$75.00

 

Electric only

$125.00

Property renter, residential

All utilities

$300.00

 

Water, sewer, trash only

$75.00

 

Electric only

$250.00

Commercial and industrial

Amount of deposit will be determined by peak month exposure of account between time meter is read and date services would be subject to termination due to nonpayment.

(Ordinance adopted 7/16/02, sec. I)

(b)     Methods of satisfying deposit requirement in lieu of cash.

(1)     Residential accounts.

(A)     A letter of credit from the previous provider of utility services will be accepted in lieu of a cash deposit, provided the record shows no delinquent payments for the preceding twelve (12) month period.

(B)     The cash deposit will be waived with the co-signature guarantee of a member of the immediate family (father, mother, brother, sister, son, daughter) or employer, provided same are city utility customers who show only current payments (no later than the 10th of the month) for the preceding twelve (12) month period.

(C)     The above-stated waivers are valid as long as the utility bill is paid prior to it being classified delinquent, which is the 17th day of the month following billing. A payment received after this change in classification will move the account to a deposit basis, and the customer will be billed for a deposit at the current established rate.

(2)     Commercial and industrial accounts. In lieu of cash, commercial and industrial accounts may satisfy their deposit requirements by providing an irrevocable letter of credit from an approved financial institution guaranteeing the payment of said account or through providing a surety bond issued as deposit security from a source approved by the city.

(c)     Refunds.

(1)     Property owner, residential. Deposits will be eligible for refund by request of the customer after twelve (12) consecutive months of bills paid by the 10th of the month. A payment after the 10th of the month will initiate a new cycle of current payments. If a deposit has been refunded, and the account for a following month is paid later than the 10th, a new deposit will be required.

(2)     Property rental, residential. Deposits will be eligible for refund by request of the customer after twenty-four (24) consecutive months of bills paid by the 10th of the month. A payment after the 10th of the month will initiate a new cycle of current payments. If a deposit has been refunded, and the account for a following month is paid later than the 10th, a new deposit will be required.

(3)     Commercial accounts. Deposits will be eligible for refund by request of the customer after twenty-four (24) consecutive months of bills paid by the 10th of the month. A payment after the 10th of the month will initiate a new cycle of current payments. If a deposit has been refunded, and the account for a following month is paid later than the 10th, a new deposit will be required.

(1989 Code, ch. 10, sec. 4(B))

   Sec. 13.02.003     Deduction for fire protection funding

All water bills will have $1.50 deducted from the minimum charge and allocated for fire protection to be set aside for new fire trucks and needed supplies and equipment. (1989 Code, ch. 10, sec. 4(D))

   Sec. 13.02.004     Due date for payment

All utility bills for electric, water, sewer, trash, and garbage pickup and other charges and assessments in connection therewith are payable to the city and shall be due and payable on the first of each month, and said utility bill shall be past due after the tenth (10th) day of each month. (1989 Code, ch. 10, sec. 4(E))

   Sec. 13.02.005     Penalty for late payment; termination of service

There shall be a ten (10) percent penalty paid by the customer for all city utility bills paid after the 10th day of each month, and utility services shall be disconnected to any customer who fails to pay his or her utility bill on or before the 27th day of each month. (1989 Code, ch. 10, sec. 4(F))

   Sec. 13.02.006     Fee for reconnection of service after termination

In the event that utility services are disconnected from any customer for failure to pay a utility bill, a service fee of thirty dollars ($30.00) shall be charged and shall be payable by the customer to the city for reconnecting said utility service. (1989 Code, ch. 10, sec. 4(G))

   ARTICLE 13.03 IDENTITY THEFT PREVENTION PROGRAM

   Sec. 13.03.001     Adoption

The city developed this identity theft prevention program (“program”) pursuant to the Federal Trade Commission's Red Flags Rule (the “rule”), which implements section 114 of the Fair and Accurate Credit Transactions Act of 2003, 16 C.F.R. sections 681.1 and 681.2. This program was developed for the utility department of the city with oversight and approval of the city council. After consideration of the size and complexity of the utility's operations and account systems, and the nature and scope of the utility's activities, the city council determined that this program was appropriate for the city's utility, and therefore approved this program on [October 21], 2008. (Ordinance 10-21-08, exhibit A, sec. I, adopted 10/21/08)

   Sec. 13.03.002     Purpose; definitions

(a)     Establish an identity theft prevention program. To establish a program designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the program in compliance with part 681 of title 16 of the Code of Federal Regulations implementing sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003.

(b)     Establishing and fulfilling requirements of the Red Flags rule. The rule defines “identity theft” as “fraud committed using the identifying information of another person” and a “Red Flag” as “a pattern, practice, or specific activity that indicates the possible existence of identity theft.” Under the rule, every financial institution and creditor is required to establish an “identity theft prevention program” tailored to its size, complexity and the nature of its operation. The program must contain reasonable policies and procedures to:

(1)     Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the program;

(2)     Detect Red Flags that have been incorporated into the program;

(3)     Respond appropriately to any Red Flags that are detected to prevent and mitigate identity theft; and

(4)     Ensure the program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from identity theft.

(c)     Red Flags rule definitions used in this program.

Covered account. Under the rule, a “covered account” is:

(1)     Any account the utility offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and

(2)     Any other account the utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the utility from identity theft.

Creditors. The rule defines creditors “to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where nonprofit and government entities defer payment for goods or services, they, too, are to be considered creditors.”

Identifying information. Identifying information is defined under the rule as “any name or number that may be used, alone or in conjunction with any other information, to identify a specific person,” including: name, address, telephone number, social security number, date of birth, government-issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code.

Program. The identity theft prevention program for the city.

Program administrator. The utility director is the program administrator for the program. In the absence of a utility director, the city administrator or their designee shall be the program director.

Utility. The utility is the utility department for the city.

(Ordinance 10-21-08, exhibit A, sec. II, adopted 10/21/08)

   Sec. 13.03.003     Identification of Red Flags

In order to identify relevant Red Flags, the utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with identity theft. The utility identifies the following Red Flags, in each of the listed categories:

(1)     Notifications and warnings from consumer credit reporting agencies.

(A)     Report of fraud accompanying a consumer credit report;

(B)     Notice or report from a consumer credit agency of a credit freeze on a customer or applicant;

(C)     Notice or report from a consumer credit agency of an active duty alert for an applicant; and

(D)     Indication from a consumer credit report of activity that is inconsistent with a customer's usual pattern or activity, including but not limited to:

(i)     Recent and significant increase in volume of inquiries.

(ii)     Unusual number of recent credit applications.

(iii)     A material change in use of credit.

(iv)     Accounts closed for cause or abuse.

(2)     Suspicious documents.

(A)     Identification document or card that appears to be forged, altered or inauthentic;

(B)     Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document;

(C)     Other document with information that is not consistent with existing customer information (such as if a person's signature on a check appears forged); and

(D)     Application for service that appears to have been altered or forged.

(3)     Suspicious personal identifying information.

(A)     Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birthdates, lack of correlation between social security number range and date of birth);

(B)     Identifying information presented that is inconsistent with other sources of information (for instance, social security number or an address not matching an address on a credit report);

(C)     Identifying information presented that is the same as information shown on other applications that were found to be fraudulent;

(D)     Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address);

(E)     Social security number presented that is the same as one given by another customer;

(F)     An address or phone number presented that is the same as that of another person;

(G)     A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law, social security numbers must not be required) or an applicant cannot provide information requested beyond what could commonly be found in a purse or wallet; and

(H)     A person's identifying information is not consistent with the information that is on file for the customer.

(4)     Suspicious account activity or unusual use of account.

(A)     Change of address for an account followed by a request to change the account holder's name;

(B)     Payments stop on an otherwise consistently up-to-date account;

(C)     Account used in a way that is not consistent with prior use (example: very high activity);

(D)     Mail sent to the account holder is repeatedly returned as undeliverable;

(E)     Notice to the utility that a customer is not receiving mail sent by the utility;

(F)     Notice to the utility that an account has unauthorized activity;

(G)     Breach in the utility's computer system security; and

(H)     Unauthorized access to or use of customer account information.

(5)     Alerts from others. Notice to the utility from a customer, identity theft victim, fraud detection service, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in identity theft.

(Ordinance 10-21-08, exhibit A, sec. III, adopted 10/21/08)

   Sec. 13.03.004     Detecting Red Flags

(a)     New accounts. In order to detect any of the Red Flags identified above associated with the opening of a new account, utility personnel will take the following steps to obtain and verify the identity of the person opening the account:

(1)     Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification;

(2)     Verify the customer's identity (for instance, review a driver's license or other identification card);

(3)     Review documentation showing the existence of a business entity;

(4)     Request additional documentation to establish identity; and

(5)     Independently contact the customer or business.

(b)     Existing accounts. In order to detect any of the Red Flags identified above for an existing account, utility personnel will take the following steps to monitor transactions with an account:

(1)     Verify the identification of customers if they request information (in person, via telephone, via facsimile, via e-mail);

(2)     Verify the validity of requests to close accounts or change billing addresses; and

(3)     Verify changes in banking information given for billing and payment purposes.

(Ordinance 10-21-08, exhibit A, sec. IV, adopted 10/21/08)

   Sec. 13.03.005     Preventing and mitigating identity theft

(a)     Response when Red Flag is detected. In the event utility personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag:

(1)     Continue to monitor an account for evidence of identity theft;

(2)     Contact the customer, sometimes through multiple methods;

(3)     Change any passwords or other security devices that permit access to accounts;

(4)     Not open a new account;

(5)     Close an existing account;

(6)     Do not close the account, but monitor or contact authorities;

(7)     Reopen an account with a new number;

(8)     Notify the program administrator for determination of the appropriate step(s) to take;

(9)     Notify law enforcement; or

(10)     Determine that no response is warranted under the particular circumstances.

(b)     Protection of customer identifying information. In order to further prevent the likelihood of identity theft occurring with respect to utility accounts, the utility will take the following steps with respect to its internal operating procedures to protect customer identifying information:

(1)     Ensure that its website is secure or provide clear notice that the website is not secure;

(2)     Where and when allowed, ensure complete and secure destruction of paper documents and computer files containing customer information;

(3)     Ensure that office computers are password protected and that computer screens lock after a set period of time;

(4)     Change passwords on office computers on a regular basis;

(5)     Ensure all computers are backed up properly and any backup information is secured;

(6)     Keep offices clear of papers containing customer information;

(7)     Request only the last 4 digits of social security numbers (if any);

(8)     Ensure computer virus protection is up to date; and

(9)     Require and keep only the kinds of customer information that are necessary for utility purposes.

(Ordinance 10-21-08, exhibit A, sec. V, adopted 10/21/08)

   Sec. 13.03.006     Program updates

This program will be periodically reviewed and updated to reflect changes in risks to customers and the soundness of the utility from identity theft. At least annually, the program administrator will consider the utility's experiences with identity theft situation, changes in identity theft methods, changes in identity theft detection and prevention methods, changes in types of accounts the utility maintains and changes in the utility's business arrangements with other entities, consult with law enforcement authorities, and consult with other city personnel. After considering these factors, the program administrator will determine whether changes to the program, including the listing of Red Flags, are warranted. If warranted, the program administrator will update the program or present the city council with his or her recommended changes and the city council will make a determination of whether to accept, modify or reject those changes to the program. (Ordinance 10-21-08, exhibit A, sec. VI, adopted 10/21/08)

   Sec. 13.03.007     Program administration

(a)     Oversight. Responsibility for developing, implementing and updating this program lies with an identity theft committee for the utility. The committee is headed by a program administrator, who may be the head of the utility or his or her appointee. Two or more other individuals appointed by the head of the utility or the program administrator comprise the remainder of the committee membership. The program administrator will be responsible for the program administration, for ensuring appropriate training of utility staff on the program, and for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating identity theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the program.

(b)     Staff training and reports.

(1)     Initially, all utility staff shall be trained either by or under the direction of the program administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. Thereafter, all utility staff shall undergo update training not less than annually. Additionally, all new utility employees shall undergo training.

(2)     At the request of the program administrator, utility staff shall submit reports concerning the utility's compliance with the program, the training that has been given and the effectiveness of the policies and procedures in addressing the risk of identity theft, including recommendations for changes to the program. While incidents of identity theft are to be reported immediately to the program administrator, reports shall contain a recap of any incident and include the steps taken to assist with resolution of such incident.

(c)     Service provider arrangements. In the event the utility engages a service provider to perform an activity in connection with one or more accounts, including but not limited to franchise utility providers, the utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft:

(1)     Require, by contract or contract amendment, that service providers have such policies and procedures in place; and

(2)     Require, by contract or contract amendment, that service providers review the utility's program and report any Red Flags to the program administrator.

(d)     Specific program elements and confidentiality. For the effectiveness of identity theft prevention programs, the Red Flag rule envisions a degree of confidentiality regarding the utility's specific practices relating to identity theft detection, prevention and mitigation. Therefore, under this program, knowledge of such specific practices is to be limited to the identity theft committee and those employees who need to know them for purposes of preventing identity theft. Because this program is to be adopted by a public body and thus publicly available, it would be counterproductive to list these specific practices here. Therefore, only the program's general Red Flag detection, implementation and prevention practices are listed in this document.

(Ordinance 10-21-08, exhibit A, sec. VII, adopted 10/21/08)

   ARTICLE 13.04 SOLID WASTE*

   Division 1. Generally

   Secs. 13.04.001–13.04.030     Reserved

   Division 2. Collection and Disposal

   Sec. 13.04.031     Definitions

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section:

Brush and yard waste. Plant matter in the form of limbs or trunks of trees, bushes or shrubs resulting from trimming or clearing on the premises for which solid waste service is provided.

Construction debris. Heavy accumulations of broken concrete brick, lumber, dirt, sand, gravel, plaster, roofing, sheetrock, siding, reinforcing steel, sheetmetal, etc., resulting from construction or demolition activities.

Garbage. Animal and vegetable matter such as drained waste material from kitchens, grocery stores and restaurants, including such items as meat scraps, bread, bones, fruit and vegetable peelings and similar waste.

Premises. Businesses, boarding houses, offices, service stations, theaters, hotels, restaurants, cafes, eating houses, tourist courts, apartments, sanitariums, rooming houses, schools, private residences, vacant lots and other places within the city limits where refuse accumulates.

Refuse. All unwanted or thrown-away solid waste, including but not limited to brush, construction debris, garbage, rubbish, and white goods.

Rubbish. Scraps of iron, wire, empty barrels, crates, stumps, trees or other items which cannot be disposed of in the standard waste containers or are not included in the other types of refuse as defined herein.

Trash. Papers of all kinds, rags, old clothing, plastics, metal cans, glass, dishes, small metal items, leaves and grass trimmings.

White goods. Household appliances and furniture which are too large to be disposed of in the standard waste containers.

(1989 Code, ch. 6, sec. 1(A))

   Sec. 13.04.032     Penalty

Any person, firm or corporation violating any of the provisions of this division shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than five dollars ($5.00), nor more than two hundred dollars ($200.00), for each day such violation occurs, and for each day said violation continues it shall constitute a separate offense. (1989 Code, ch. 6, sec. 1(P))

   Sec. 13.04.033     Inspections

It shall be the duty of the city administrator, or his authorized agent, to make all necessary inspections or investigations of any and all premises to see that the terms of this division are complied with. (1989 Code, ch. 6, sec. 1(O))

   Sec. 13.04.034     Preparation of refuse for collection

(a)     Garbage and trash.

(1)     It shall be the duty of every person, firm, or corporation owning, managing, operating, leasing or renting any premises, or any place where garbage or trash accumulates, to provide, and at all times to maintain in good order and repair, on any said premises, a portable container or containers for refuse, which shall be made of galvanized metal or similar approved rustproof material not easily corrodible, rodent- and fly-proof, with a tightfitting lid which shall not be removed except when depositing or removing the contents of the receptacle, and equipped with handles on the sides, and of sufficient capacity and in sufficient numbers to accommodate and securely keep all the garbage and trash that may accumulate between collections; provided that each such container shall have a capacity of not less than twenty (20) gallons nor more than thirty-five (35) gallons; and provided further all containers shall be kept clean and free from the accumulation of any substance or substances remaining attached to the inside of the container which would attract or breed flies, mosquitoes, or any other insects.

(2)     As an alternative, plastic garbage bags with sufficient strength to adequately seal the waste from exposure to insects may be used to temporarily store the waste as long as they are stored within a building or structure to prevent the bags from being torn open and the waste scattered prior to collection.

(3)     It shall be the duty of every person, firm, or corporation owning, managing, operating, leasing or renting any premises to place the daily accumulations of garbage and rubbish in the container or containers described above and it shall be the duty of every person placing garbage or rubbish in such containers to eliminate all water and liquid from such garbage and to securely wrap garbage in paper before placing same in such container.

(4)     Each multifamily residential complex or housing unit containing four (4) or more units shall furnish, at it sole cost and expense, a dumpster for the collection and disposal of garbage and trash.

(b)     Brush and yard waste. Limbs and tree trunks shall not exceed six (6) feet in length or twelve (12) inches in diameter. Limbs and tree trunks larger than four (4) inches in diameter shall have all branches cut off within eight (8) inches of the limb or trunk. Brush and yard waste shall be neatly piled or stacked at the designated place for collection.

(c)     White goods. Appliances containing any type of refrigerant shall be purged of all refrigerant by someone licensed to do so. A certification stating that the refrigerant has been purged and properly collected shall be securely attached to the appliance and shall show the name and license number of the person who performed the work.

(1989 Code, ch. 6, sec. 1(B))

   Sec. 13.04.035     Placement of refuse for collection

Every person, firm, or corporation owning, managing, operating, leasing or renting any premises from which refuse is to be collected shall place the refuse at such point as the proper agent of the city shall find and designate to be the most accessible for collection and removal and on such days designated for collection. (1989 Code, ch. 6, sec. 1(C))

   Sec. 13.04.036     Collection schedule; request for collection

(a)     Garbage and trash. The city shall collect garbage and trash from its residential customers not less than once weekly. Commercial customers and customers with two (2) cubic yard containers or larger shall have a minimum of one collection per week. Additional collection for commercial or large container customers will be scheduled to prevent overfilling of containers at the discretion of the city administrator or his authorized agent.

(b)     Brush, yard waste and white goods. Brush, yard waste and white goods will not be collected on a regular schedule, but will be collected when a request is made to the city administrator or his authorized agent either in person or by telephone by the person, firm or corporation responsible for paying for solid waste disposal service for the premises. Requests for collection of brush, yard waste and white goods shall be made within fourteen (14) days after placing these items at the designated collection location.

(c)     Construction debris and rubbish. Construction debris and rubbish will not be collected on a regular schedule. The city will assist with collection and disposal of these items on a case-by-case basis at the discretion of the city administrator or his authorized agent, when requested either in person or by telephone by the person, firm or corporation responsible for paying for solid waste disposal services for the premises. Requests for collection of construction debris and rubbish shall be made within fourteen (14) days after placing these items at the designated collection point.

(1989 Code, ch. 6, sec. 1(D))

   Sec. 13.04.037     Prohibited wastes

The city will not collect or assist in collection and disposal of any hazardous wastes, explosives, ammunition, flammable liquids, radioactive wastes, lead acid batteries, tires, used oil, automobiles or manure. Heavy animals such as cows and horses shall be removed and disposed of at the expense of the owner or person in charge of same and by a method directed by the city. (1989 Code, ch. 6, sec. 1(E))

   Sec. 13.04.038     Meddling with containers or pilfering contents

The meddling with refuse containers or in any way pilfering, salvaging or scattering contents in any alley or street within the city limits is prohibited. (1989 Code, ch. 6, sec. 1(F))

   Sec. 13.04.039     Prohibited disposal

The placing of any refuse material, including junk, in any street or alley or disposal of refuse at any place within the city limits is prohibited. (1989 Code, ch. 6, sec. 1(G))

   Sec. 13.04.040     Franchise required for commercial refuse collection service

No person, firm or corporation shall use any city street, alley or other public right-of-way in any manner for commercial refuse collection service unless such person, firm or corporation shall have first obtained a franchise from the city for such purposes. (1989 Code, ch. 6, sec. 1(I))

   Sec. 13.04.041     Burning of refuse prohibited

It shall be unlawful to burn any type of refuse, including yard waste, within the city limits. (1989 Code, ch. 6, sec. 1(J))

   Sec. 13.04.042     Unauthorized disposal of refuse in commercial container

It shall be unlawful for any person, firm, or corporation, other than the commercial customer of the city, or his/its agent, to place any type of refuse at a commercial collection site and/or in a commercial container owned or rented by the commercial customer. (Ordinance adopted 7/1/03, sec. I)

   Sec. 13.04.043     Unauthorized disposal of refuse in residential collection location

It shall be unlawful for any person, firm or corporation to place any refuse in residential collection locations if said refuse was not generated at that residential location. (1989 Code, ch. 6, sec. 1(M))

   Sec. 13.04.044     Unauthorized disposal of refuse in municipal container

It shall be unlawful for any person, firm or corporation to place any type of refuse in a municipal container, including all park collection containers, without permission of the city, if the refuse does not originate from the usage of the park by the public. (1989 Code, ch. 6, sec. 1(N))

   Secs. 13.04.045–13.04.080     Reserved

   Division 3. Rates and Charges

   Sec. 13.04.081     Billing and collection policies

(a)     Refuse fees considered part of utility bill; failure to pay charges. The city shall collect these refuse collection and disposal fees monthly through the utility department by billing said fees on the monthly city utility bills to all city utility customers or by separate monthly bills to any person, firm or corporation who is not a city utility customer. Refuse collection and disposal for persons located outside the city limits will be provided at the city's discretion and only if requested by the utility customer. Refuse collection and disposal fees shall be considered a part of the city utility bill and payment of said fees shall be enforced in the same manner as city utility bills, or by any other practicable means of collection. It is further provided that, should any person or persons, owner, occupant or lessee of any place, abode or business fail to pay the charges for refuse collection and disposal when due, the city shall be authorized to cut off and disconnect utility services to his/her place of abode or business, and the city shall also be authorized to discontinue all refuse pickup services until such fees have been paid in full. After refuse pickup service has been discontinued for failure to pay the monthly fee, the customer shall be liable for the payment of a reinstatement fee as provided for in utility billing procedures in order to commence refuse collection service again.

(b)     Vacancy credit. No credit will be given to any person, owner, occupant or lessee of any residence or place of business for vacancy thereof unless the city office is notified by such person, owner, occupant or lessee within seven (7) days after such property is vacated. If no notice is given to the city office within the required seven (7) days, credit will only be given from the date of the nearest billing period after such notice is given.

(1989 Code, ch. 6, sec. 2(E))

   Sec. 13.04.082     Monthly rates

(a)     There shall be a charged, assessed and collected for the city refuse collection services the following rates on a monthly basis unless otherwise stated:

(1)     Residential collection fees.

(A)     Residential collection fees for one (1) pickup per week shall be as follows:

(i)     Inside city limits: $12.73 per month.

(ii)     Outside city limits: $25.46 per month.

(B)     Each unit in an apartment complex or duplex will be billed individually as any other residential property.

(2)     Commercial collection fees.

(A)     Inside city limits (monthly) - dumpster service.

Cubic Yards

1 pickup
per week

3 pickups
per week

5 pickups
per week

    

3 or less

$31.64

$80.92

$130.20

(B)     Inside city limits (monthly) - hand pickup. One pickup per week not to exceed 1 cubic yard: $24.64 per month.

(C)     Outside city limits (monthly) - dumpster service.

Cubic Yards

1 pickup
per week

3 pickups
per week

5 pickups
per week

    

3 yards or less

$56.28

$154.84

$253.40

(D)     Outside city limits (monthly) - hand pickup. One pickup per week not to exceed 1 cubic yard: $49.28.

(b)     For residential or commercial pickup in excess cubic yards of this rate sheet call city hall, 567-3271, for estimate of on-demand hand pickup. Outside city limits shall be two times the rate for inside city limits.

(Ordinance 111808, sec. I, adopted 11/18/08)

   Sec. 13.04.083     Brush and yard waste

Upon request of those who are receiving garbage and trash collection service, the city will collect and dispose of brush and yard waste from the premises at no charge. (1989 Code, ch. 6, sec. 2(B))

   Sec. 13.04.084     White goods

Upon request of those who are receiving residential garbage and trash collection service, the city will collect and dispose of white goods from the premises at no charge. Commercial customers will be required to properly dispose of white goods at their own expense. (1989 Code, ch. 6, sec. 2(C))

   Sec. 13.04.085     Construction debris and rubbish

Charges for assistance in collection and disposal of construction debris and rubbish will be determined on a case-by-case basis when requested by anyone in the city limits. Total charges will be based on a predetermined estimated cost for city-provided labor and equipment plus the actual cost of disposal. (1989 Code, ch. 6, sec. 2(D))

   ARTICLE 13.05 WATER SERVICE*

   Division 1. Generally

   Secs. 13.05.001–13.05.030     Reserved

   Division 2. Rates and Charges

   Sec. 13.05.031     Water rates

(a)     Individual meters. The rates to be charged customers inside and outside the city limits for water furnished through an individual meter by the water system of the city are hereby set as follows:

 

Inside City

Outside City

Minimum including 0 - 2,000 (per M)

$11.60

$17.55

2,000 - 10,000 (per M)

$2.32

$3.51

10,000 - 20,000 (per M)

$2.56

$3.87

20,000 - 35,000 (per M)

$2.80

$4.22

Over 35,000 (per M)

$3.03

$4.58

(b)     Master meters. Each location metered through a master meter shall have a minimum charge assigned to each occupied space each month with the cumulative gallons allowed therewith as covered by such charges. All gallons above the accumulative base minimums will be billed at $2.56 per thousand inside the city and $3.87 per thousand outside the city.

(Ordinance adopted 11/15/05, secs. I, II)

   Sec. 13.05.032     Surcharge for conservation district fees

Water production fees are being assessed by the Post Oak Savannah Groundwater Conservation District for water produced by city water wells. A surcharge will be levied per one thousand (1,000) gallons of water flowing through each customer meter for these conservation district production fees. Said surcharge will appear as a separate line item on the monthly water bill. (Ordinance 031803, sec. I, adopted 3/18/03)

   Sec. 13.05.033     Water taps

(a)     The following specifies the charges for tapping of water main, extension of services from main to property line location of meter, and installation of meter, provided said distance does not exceed fifty (50) feet:

Inside City

Outside City

3/4" service

$500.00

$750.00

1" service

$700.00

$1,050.00

(Ordinance adopted 11/15/05, sec. II)

(b)     Tap services requiring distances greater than fifty (50) feet and all taps above 1" diameter will be at actual costs (labor and material).

(1989 Code, ch. 10, sec. 3)

   Sec. 13.05.034     Charge for obtaining water through fire hydrant

The rate to be charged customers obtaining water through a fire hydrant meter shall be billed at a flat charge of $4.25 per 1,000 gallons used. There will be a minimum charge of $20.00. (1989 Code, ch. 10, sec. 4(C))

   ARTICLE 13.06 SEWERS*

   Division 1. Generally

   Sec. 13.06.001     Definitions

As used in this article, the following terms shall be deemed to have the following meanings:

Appliance connection. The connection of the appliances, such as washbasins, bathtubs, commodes and the like, on the premises served with the service connection.

City council or council. The city council of the City of Caldwell, Texas.

Corporation. A private corporation, an association, a joint stock company and/or a business trust.

Main connection. The actual connection of the service connection with the main sewer line.

Main sewer line or main line of the sewer system. The principal pipes or conduits leading across the city and emptying into the city sewage disposal plant, which are usually, but not always, located in the city streets.

Person. A natural person, or a partnership of two (2) or more such persons having a common interest in a joint enterprise.

Rate. The sewer service charge or rentals payable to the city by persons and corporations using the sewer system.

Service connection. The line leading from the appliance connection on the premises served to the main connection.

Sewage. Urine, feces, toilet paper, water, and liquid slops.

Sewer system. The present system of pipes and conduits used to carry off household waste, such as slop, wastewater from sinks and baths and human excreta, including all pumps, structures, machineries, disposal plant, easement and grounds, together with all additions and enlargements thereto which may be made in the future.

Superintendent of utilities. The person placed in charge of all of the city-owned utilities by the city council.

(1989 Code, ch. 10, sec. 5(A))

   Sec. 13.06.002     Responsibilities of sewer users

(a)     Service connection to be kept free from obstructions. It shall be the duty of every owner or occupant of any building, dwelling, lot, house, premises and/or property to which the sewer system is connected to keep and maintain the service connection, pipes and conduits from the appliance connections on such premises to the main connection with said sewer system free from all stoppage, and from all obstructions of every nature, and to promptly remove all obstructions and stoppages therefrom, so that sewage shall at all times flow freely from such appliance connection or connections through said service connection, into the main line of the sewer system, regardless of property lines.

(b)     Maintenance, clearing and repair of service connection. It shall be the duty of every owner or occupant of any building, dwelling, lot, house, premises and/or property to which the sewer system is connected, if and when it becomes necessary in order to clear, repair, replace and/or maintain the service connection from the appliance connections on such premises to said main connection, to bear all expense of labor and material for repairing, maintaining, clearing and/or replacing said line of pipe, together with the expense and liability for repairing and replacing all streets and sidewalks which have been dug up and displaced by reason thereof, and to maintain all barriers, warning signs, flares and danger signals during the progress of said work. All such repairing, maintaining, clearing and/or replacing of such line of pipe shall be with the permission of, and under the direct supervision and inspection of, the superintendent of utilities of the city, who shall charge no fee for such supervision and inspection. If any owner or occupant of any such building, dwelling, lot, house, premises or property shall fail or refuse to comply with the requirements of the superintendent of utilities, then such work may be completed by the city at the cost and expense of such owner or occupant thereof.

(c)     Prohibited deposits in sewer system. It shall be unlawful for any person or corporation to throw or deposit or to cause or permit any person under his or its control to throw or deposit into said sewer system, or into any pipe or receptacle connected therewith, any garbage, hair, sand, earth, ashes, fruits, vegetables, or the peelings therefrom, or any refuse, rags, cotton, cinders, oil, grease, or any other matter whatsoever except feces, urine, toilet paper, water and liquid slops.

(d)     Allowing wastewater to flow into gutter, street or sidewalk. It shall be unlawful for any person or corporation to allow any slops, sewage, wash waters or wastewaters of any kind to flow over the pavement or into or through any open gutter or into any street or sidewalk.

(e)     Inspections and tests. Any person or corporation owning any premises or property connected with said sewer system shall permit the city council and its officers and employees, during all reasonable hours, to enter upon any such premises or property, including all buildings, outbuildings and structures of every kind or nature, for the purpose of making examinations, inspections and tests of any and all sewer connections thereon, and shall permit the setting up and use on such premises and property of any apparatus and/or appliances necessary therefor.

(1989 Code, ch. 10, sec. 5(B))

   Sec. 13.06.003     Trespassing on sewer system property; tampering with equipment

It shall be unlawful for any person to trespass upon any property upon which the sewer system is located, or to loiter in or around the sewer system, or, without the consent of the superintendent of utilities, to place or permit their animals and livestock to go or remain thereon; or to injure, tear down, or remove from its proper place any pipe, pipeline, wire, post and any other appliance or device whatsoever which is a part of or incident to the sewer system. (1989 Code, ch. 10, sec. 5(C))

   Secs. 13.06.004–13.06.040     Reserved

   Division 2. Rates and Charges

   Sec. 13.06.041     Sewer rates

(a)     Individual meters. The rates to be charged customers inside and outside the city limits for sewer based on water metered through an individual meter by the water system of the city are hereby set as follows:

(1)     Residential service.

Metered Water Usage

Inside City

Outside City

Minimum including 0 - 2,000 gallons

$11.55

$18.26

Over 2,000 gallons

$1.76

$2.20

Charges for the months of December, January and February are based on actual usage for each respective month. The months of March through November are at a fixed charge based on the average monthly water usage for the combined months of December, January and February. A new customer's rate shall be established by all customers in that rate class in the most recent indexing period (December, January and February) until that customer has been individually experience-rated in the next December-January-February period.

(2)     Commercial service.

Metered Water Usage

Inside City

Outside City

Minimum including 0 - 2,000 gallons

$16.50

$22.00

Over 2,000 gallons

$1.98

$2.75

(Ordinance adopted 11/15/05, sec. I)

(b)     Master meters. Each location metered through a master water meter shall have the minimum sewer charge assigned to each occupied space each month with the cumulative gallons allowed therewith as covered by such charges. All gallons above the accumulative base minimums will be billed at the scheduled rates.

(1989 Code, ch. 10, sec. 7)

   Sec. 13.06.042     Sewer taps

(a)     The following specifies the charges for tapping of sewer main and extension of service for a distance not to exceed fifty (50) feet:

Inside City

Outside City

4" service

$400.00

$600.00

6" service

$500.00

$750.00

(Ordinance adopted 11/15/05, sec. I)

(b)     Tap services requiring distances greater than fifty (50) feet will be at actual costs (labor and material).

(1989 Code, ch. 10, sec. 8)

   Sec. 13.06.043     Surcharge for excessive strength waste

If it is determined by the city administrator and/or the superintendent of the sewer department, or their delegated authority, that an individual or an industry is discharging to the sewer collection and/or treatment systems biochemical oxygen demand and/or total suspended solids outside of prescribed and approved limits, then a sample will be taken of the discharge and a special surcharge will be determined. Acceptable guidelines are set out in division 3 of this article and in appropriate state and federal laws. The most restrictive criteria will always be followed. (1989 Code, ch. 10, sec. 9)

   Secs. 13.06.044–13.06.080     Reserved

   Division 3. Discharge Regulations*

   Sec. 13.06.081     Discharge of unpolluted water to sanitary sewer

No person shall discharge, or cause to be discharged, any stormwater, groundwater, roof runoff, subsurface drainage, downspouts, yard drains, yard fountains and ponds, lawn sprays, water from swimming pools or unpolluted industrial water into any sanitary sewer in the system. (1989 Code, ch. 10, sec. 6(A))

   Sec. 13.06.082     Prohibited discharges

No person shall discharge, or cause to be discharged, into any public sewer, any of the following described substances, materials, waters, or wastes:

(1)     Any liquid or vapor having a temperature greater than 122° F (50° C).

(2)     Any toxic, corrosive, flammable or explosive liquid, solid or gas, such as gasoline, kerosene, phenols, benzene, naphtha, etc.

(3)     Any water or wastes which contain wax, greases, oil, cleaning solvents, mineral oils or other substances which will solidify at temperatures between 32° to 150° F.

(4)     Any garbage that has not been properly comminuted or shredded. (The installation and operation of any garbage grinder equipped with a motor of 3/4 HP or greater shall be subject to the review of the city administrator or his designee.)

(5)     Any solid or viscous substances, such as ashes, cinders, sand, mud, gravel, straw, tar, asphalt, ceramic wastes, shavings, sawdust, whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bulk solids.

(6)     Any heavy metals such as those listed below:

Antimony

Arsenic

Barium

Beryllium

Bismuth

Boron

Cadmium

Chromium (Hexa)

Chromium (Tri)

Cobalt

Copper

Iron

Lead

Manganese

Mercury

Molybdenum

Nickel

Rhenium

Selenium

Silver

Strontium

Tellurium

Tin

Uranyl ion

Zinc

(7)     Any radioactive wastes or isotopes of such half-life or concentration that exceeds limits established by the U.S. Public Health Service for public drinking water standards.

(8)     Any wastes or waters containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(1989 Code, ch. 10, sec. 6(B))

   Sec. 13.06.083     Limited discharges

Discharge into the city sewer system shall consist only of domestic sewage, properly shredded garbage, industrial wastes and other wastes which are free from the prohibited constituents listed above and limited in BOD, suspended solids, dissolved sulfides, and pH as follows:

(1)     Biochemical oxygen demand (BOD) of such wastes delivered shall not exceed 300 ppm, as determined by Standard Methods.

(2)     Suspended solids delivered shall not exceed 250 ppm, as determined by Standard Methods.

(3)     Hydrogen ion concentration (pH) of the sewage delivered shall be no lower than 6.0 nor higher than 9.5 and any acid waste shall not be discharged unless neutralized to a pH of 6.0 or more.

(4)     Dissolved sulfides in the wastes delivered to the system shall not exceed 0.1 ppm.

(5)     Alkalinity shall not exceed 400 ppm.

(1989 Code, ch. 10, sec. 6(C))

   Sec. 13.06.084     Rate of flow

The volume and rate of flow of wastes to the sewer system shall not be in excess of the capacity of the facility provided, as determined and regulated by the city utilities department and the city administrator. (1989 Code, ch. 10, sec. 6(D))

   Sec. 13.06.085     Industrial waste pretreatment and interceptors

(a)     Any persons or owners discharging industrial wastes into the sewer system which exhibit any of the prohibited wastes set out in section 13.06.082 shall pretreat or otherwise dispose of such industrial waste as to make the remaining wastes meet the requirements of section 13.06.083 and be acceptable to the city utility department. Any such person or owner shall provide and maintain, in a suitable accessible position on his premises, an inspection chamber or control manhole near the outlet of such sewer prior to the discharge into the city system. Every such chamber shall be of such design and construction which will prevent infiltration of any water or foreign matter into the city system and shall be so maintained by the person discharging wastes so that any authorized representative of the city may readily and safely measure the volume and obtain samples of the flow at all times. Where pretreatment or equalization of waste flows is practiced prior to discharge to the city's sewer system, the design and installation of the plants and equipment of said pretreatment or equalization facilities shall be subject to the review and approval of the city administrator, and subject to the requirements of all applicable codes, ordinances, and laws.

(b)     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 dwelling units. All interceptors shall be of a type and capacity approved by the city administrator and shall be located as to be readily accessible for 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 of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight.

(c)     No statement contained in this section shall be construed as preventing any agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern for any portion of the excess cost to the city of handling and treating such industrial wastes, as may be established by the city council.

(d)     No unauthorized person shall maliciously, willfully, or negligently break, damage, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(1989 Code, ch. 10, sec. 6(E))

   Sec. 13.06.086     Right of entry of enforcement officers

The city administrator and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of this division. (1989 Code, ch. 10, sec. 6(F))

   Sec. 13.06.087     Penalty

Any person found to be violating any provision of this division shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. If the offender continues violation after the expiration of the time stated, the city council may prohibit the further use of the sewage system by the offender and may remove or close the offender's sewage and water connections. Any person who shall continue any violation beyond the time limit provided shall be guilty of a misdemeanor, and upon conviction thereof shall be fined as provided for in section 1.01.009 of this Code of Ordinances. Each day in which any such violation shall continue shall be deemed a separate offense. Any person violating any of the provisions of this division shall become liable to the city for any expense, loss, or damage occasioned by the city by reason of such violation. (1989 Code, ch. 10, sec. 6(G))

   Sec. 13.06.088     Measurements, tests and analyses

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this division shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of the premises is appropriate or whether a grab sample or samples shall be taken. (1989 Code, ch. 10, sec. 6(H))

   ARTICLE 13.07 ELECTRICAL SERVICE*

   Division 1. Generally

   Secs. 13.07.001–13.07.030     Reserved

   Division 2. Rates and Charges

   Sec. 13.07.031     Rate schedules

(a)     Established. The following rates are established effective December 1, 2005, subject to the terms and conditions hereof, as the rates which shall be charged by the city engaged in the business of furnishing and supplying electric service, of the type and class hereinafter specified, to customers thereof, for consumption within the corporate limits of the city and additional territory as approved by the public utility commission of the state, until such rates are changed by the order of the city council, or as hereinafter provided, and it shall be unlawful for the city to charge any other rate or rates for service of the types and classes hereinafter set forth.

(b)     Schedule 140 - Residential Electric Service.

(1)     Application. This schedule shall be applicable as follows:

(A)     To all electric service required for residential purposes for all domestic uses, in individual private dwellings or individually metered apartments or where two (2) family or housekeeping units are served at one point of delivery and measured through one (1) meter.

(B)     Where two (2) individual private dwellings or two (2) apartment units or two (2) family or housekeeping units are served at one point of delivery and measured through one (1) meter, it will be optional at the beginning of service with the customer whether the minimum bill provisions will be doubled for billing purposes, or whether all the service will be furnished under commercial electrical service. Where more than two (2) family or housekeeping units or apartments are served at one point of delivery and measured through one (1) meter, commercial electrical service rates shall be used for billing.

(2)     Type of service. Single-phase, 60 cycles, and at any one of the city's standard service voltages.

(3)     Net monthly bill. The monthly bill will be calculated as follows:

(A)     Customer charge: $13.50 per month (includes 50 kWh or less used per month), plus

(B)     Energy charge: $0.0744 per kWh for additional kWh used per month.

(C)     Minimum charge: $13.50 per month.

(4)     Power cost adjustment. The power cost adjustment will be calculated based upon the total kWh included in the monthly bill times the adjustment per kWh for the current month, calculated in accordance with section 13.07.033 of this division.

(5)     Not applicable to certain service. Schedule 140, Residential Service, shall not be applicable to commercial, temporary, breakdown, standby, supplementary or resale service.

(c)     Schedule 141 - Commercial Electric Service.

(1)     Application. This schedule shall be applicable as follows:

(A)     To commercial or nonresidential customers whose monthly peak demand does not exceed 15 kW per month for three consecutive months at any time during the twelve (12) month billing period ending with the current month in commercial or nonresidential establishments where all service is supplied at one (1) premises through one point of delivery and measured through one (1) meter.

(B)     Commercial or nonresidential customers whose monthly energy usage (kWh) reaches or exceeds 5,475 kWh will have a demand meter installed on their account. If measured demand (kW) exceeds 15 kW for three consecutive months, the customer will be billed under Schedule 142 in accordance with the terms of Schedule 142.

(2)     Type of service. Single- or three-phase when available, 60 cycles, and at any of the city's standard service voltages.

(3)     Net monthly bill.

(A)     Customer charge: $26.00 per month, plus

(B)     Energy charge: $0.0819 per kWh for all kWh used per month.

(C)     Minimum charge: $26.00 per month.

(4)     Power cost adjustment. The power cost adjustment will be calculated based upon the total kWh included in the monthly bill times the adjustment per kWh for the current month calculated in accordance with section 13.07.033 of this division.

(5)     Not applicable to certain service. Schedule 141, Commercial Electric Service, shall not be applicable to resale service or service shared with others.

(d)     Schedule 142 - Large Commercial Electric Service.

(1)     Application. This schedule shall be applicable as follows: To commercial or nonresidential customers whose monthly peak demand exceeds 15 kW per month but does not exceed 25 kW per month for three consecutive months at any time during the twelve (12) month billing period ending with the current month, where all such service is taken through one point of delivery and measured through one (1) meter.

(2)     Type of service. Single- or three-phase, 60 cycles, and at any one of the city's standard service voltages.

(3)     Rate. The net monthly billing shall be computed as follows:

(A)     Customer charge: $27.00 per month, plus

(B)     Demand charge: $1.67 per kW per month, plus

(C)     Energy charge: $0.0668 per kWh for all kWh used per month.

(4)     Minimum bill. The minimum monthly charge under this rate schedule shall be the highest of one of the following charges:

(A)     The sum of customer charge and demand charge under the above rate plus applicable power cost adjustment on the kilowatt hours used.

(B)     The minimum monthly charge specified in the customer's service contract with the city, plus applicable power cost adjustment on the kilowatt hours used.

(5)     Determination of billing load. The billing demand will be the highest 15-minute kW load during the billing period. Only connected loads in excess of 15 kW by kWh consumptions will be measured.

(6)     Power cost adjustment. The power cost adjustment will be calculated based upon the total kWh included in the monthly bill times the adjustment per kWh for the current month calculated in accordance with section 13.07.033 of this division.

(7)     Not applicable to certain service. Schedule 142, Large Commercial Electric Service, shall not be applicable to resale service or service shared with others.

(e)     Schedule 143 - Small Light and Power Electrical Service.

(1)     Application. This schedule shall be applicable as follows: To nonresidential customers whose monthly peak demand exceeds 25 kW per month but does not exceed 100 kW per month for three consecutive months at any time during the twelve (12) month billing period ending with the current month, where all such service is taken through one point of delivery and measured through one (1) meter.

(2)     Type of service. Single- or three-phase, 60 cycles, and at any one of the city's standard service voltages.

(3)     Rate. The net monthly billing shall be computed as follows:

(A)     Customer charge: $49.50 per month, plus

(B)     Demand charge: $4.97 per kW per month, plus

(C)     Energy charge: $0.0517 per kWh for all kWh used per month.

(4)     Minimum bill. The minimum monthly charge under this rate schedule shall be the highest of one of the following charges:

(A)     The sum of customer charge and demand charge under the above rate plus applicable power cost adjustment on the kilowatt hours used.

(B)     The minimum monthly charge specified in the customer's service contract with the city, plus applicable power cost adjustment on the kilowatt hours used.

(5)     Determination of billing load. The billing demand will be the highest 15-minute kW load during the billing period. Only connected loads in excess of 15 kW by kWh consumptions will be measured.

(6)     Power cost adjustment. The power cost adjustment will be calculated based upon the total kWh included in the monthly bill times the adjustment per kWh for the current month calculated in accordance with section 13.07.033 of this division.

(7)     Not applicable to certain service. Schedule 143, Small Light and Power Electrical Service, shall not be applicable to resale service or service shared with others.

(f)     Schedule 144 - Large Light and Power Electrical Service.

(1)     Application. This schedule shall be applicable as follows: To nonresidential customers whose monthly peak demand exceeds 100 kW per month but does not exceed 500 kW per month for three (3) consecutive months at any time during the twelve (12) month billing period ending with the current month, where all such service is taken through one point of delivery and measured through one (1) meter.

(2)     Type of service. Single- or three-phase, 60 cycles, and at any one of the city's standard service voltages.

(3)     Rate. The net monthly billing shall be computed as follows:

(A)     Customer charge: $59.50 per month, plus

(B)     Demand charge: $5.86 per kW per month, plus

(C)     Energy charge: $0.0498 per kWh for all kWh used per month.

(4)     Minimum bill. The minimum monthly charge under this rate schedule shall be the highest of one of the following charges:

(A)     The sum of customer charge and demand charge under the above rate plus applicable power cost adjustment on the kilowatt hours used.

(B)     The minimum monthly charge specified in the customer's service contract with the city, plus applicable power cost adjustment on the kilowatt hours used.

(5)     Determination of billing load. The billing demand will be the highest 15-minute kW load during the billing period. Only connected loads in excess of 15 kW by kWh consumptions will be measured.

(6)     Power cost adjustment. The power cost adjustment will be calculated based upon the total kWh included in the monthly bill times the adjustment per kWh for the current month calculated in accordance with section 13.07.033 of this division.

(7)     Not applicable to certain service. Schedule 144, Large Light and Power Electrical Service, shall not be applicable to resale service or service shared with others.

(g)     Schedule 145 - Industrial Electrical Service.

(1)     Application. Applicable to all commercial and industrial customers where service is taken through one meter at one point of delivery and where the monthly kilowatt demand is above 500 kW. Service will be furnished under this rate schedule subject to the established rules and regulations of the city covering this type of service. Before service is furnished hereunder, an individual service agreement contract between the customer and the city may be required outlining all details of the service to be supplied, the terms of the contract, and obligations of each party.

(2)     Type of service. A.C. 60 cycles per second, single-phase, 120/240 volts; three-phase 120/240, 120/208, 240/480, 277/480, 2400/416, 7200/12,470 volts as available at point of service. Three-phase customers served via underground primary to pad-mounted transformers will be furnished only 120/208 or 277/480 volt service.

(3)     Rate.

(A)     Customer charge: $107.50 per month, plus

(B)     Demand charge: $9.69 per kW per month, plus

(C)     Energy charge: $0.0316 per kWh for all kWh used per month.

(4)     Minimum bill. The minimum monthly charge under this rate schedule shall be the highest of one of the following charges:

(A)     The sum of customer charge and demand charge under the above rate plus applicable power cost adjustment on the kilowatt hours used.

(B)     The minimum monthly charge specified in the customer's service contract with the city, plus applicable power cost adjustment on the kilowatt hours used.

(5)     Billing demand. The billing demand shall be the maximum 15-minute measured kilowatt demand in the billing period, but not less than 60% of the peak demand measured in the twelve-month period ending with the current month. Unless otherwise specified in a firm electric service contract agreement, if at any time a customer billed under this schedule continues for a period of twelve consecutive months without a demand in excess of 500 kW, Schedule 144 (Large Light and Power Electrical Service) shall apply beginning with the first month succeeding such twelve-month period.

(6)     Power factor. Should the power factor be lower than 0.90 lagging, the city may adjust the measured demand by multiplying by the ratio of 0.90 to the actual power factor.

(7)     Primary service. Where service is taken by the customer at the city's available primary voltage and where the customer owns, operates, and maintains all service facilities, except metering equipment. Required to take service at such voltage, a credit of 2% of the base rate charges will be allowed. Metering may be primary or secondary (corrected for the transformer losses) at the city's option.

(8)     Power cost adjustment. The power cost adjustment will be calculated based upon the total kWh included in the monthly bill times the adjustment per kWh for the current month calculated in accordance with section 13.07.033 of this division.

(9)     Not applicable to certain service. Schedule 145, Industrial Electric Service, shall not be applicable to resale service or service shared with others.

(h)     Schedule 146 - Economic Development Rate.

(1)     Application. Applicable to entities considering location of facilities in the city's service territory. Service rendered under this rate is subject to the established rules and regulations of the city covering this type of service.

(2)     Type of service. Single- or three-phase, 60 cycles, and at any one of the city's standard service voltages.

(3)     Rate. Net monthly rate shall be determined by contractual agreement with the city.

(4)     Power cost adjustment. The power cost adjustment will be calculated based upon the total kWh included in the monthly bill times the adjustment per kWh for the current month calculated in accordance with section 13.07.033 of this division.

(5)     Not applicable to certain service. Schedule 146, Economic Development Rate, shall not be applicable to resale service or service shared with others.

(i)     Schedule 147 - Security Lights.

(1)     Application. Residential or commercial customers for use of lighting private property areas, using city installed and approved lights on existing poles belonging to the city or on one additional pole located at a distance of not to exceed two hundred (200) feet from an appropriate distribution pole of the city. Any distance exceeding 200 feet will be installed at the customer's expense.

(2)     Type of service. Single-phase, 60 cycle, 120 volts.

(3)     Rate.

(A)     150-watt security light: $9.75 per light per month.

(B)     400-watt security light: $27.00 per light per month.

A one-time charge of $25.00 per light will be assessed to cover labor for installation.

(4)     Minimum bill.

(A)     150-watt security light: $9.75 per light per month.

(B)     400-watt security light: $27.00 per light per month.

(j)     Schedule 148 - Miscellaneous Electric Service Charges. The following charges will apply to the miscellaneous services listed below:

(1)     Collection fee. A charge of $25.00 will be made when the city sends an employee to collect a delinquent bill.

(2)     Connection fee. The following charges will be made as a connection fee:

(A)     $20.00 to restore service which has been suspended as a result of any electric service bill in arrears, failure of customer to comply with the terms and conditions applicable to electric service, prevention of fraud or abuse, or discovery that meter has been tampered with or damaged.

(B)     $20.00 to restore service which has been temporarily disconnected at the request of the customer.

(C)     $60.00 for new service applications or changes in existing service applications to location other than portable facilities.

(D)     $60.00 for new service applications to portable facilities.

(3)     Disconnection fee. The following charges will be made as a disconnect fee:

(A)     $20.00 to disconnect a service which has been suspended as a result of any electric service bill in arrears, failure of customer to comply with the terms and conditions applicable to electric service, prevention of fraud or abuse, or discovery that a meter has been tampered with or damaged.

(B)     $20.00 to disconnect a service where a customer has requested it be disconnected temporarily for certain months of the year.

(C)     If a customer requests that a security light be removed, it will be disconnected immediately. The fixture will be removed as soon as city forces are able to schedule its removal. If a customer requests that service be restored before the fixture is removed, a $20.00 fee will be charged for reconnection.

(4)     Temporary service charge. A charge of $50.00 for temporary service for residential connections and the estimated net cost to the city for temporary service for commercial connections will be made where distribution lines are readily available and the installation of additional poles or lines is not necessary to provide service to the customer.

(k)     Sales taxes. Sales taxes imposed by any governmental authority shall be in addition to the rates hereinabove established.

(Ordinance adopted 11/15/05, sec. I)

   Sec. 13.07.032     Extension of service

Electric service hereunder is subject to the city's rules and regulations for the sale of electric service. Where service is not already available:

(1)     Residential and other noncommercial or non-industrial accounts. Accounts in this classification will be provided up to 250 feet in length of primary distribution, a transformer, and the secondary service to the meter loop at no cost to the customer. All costs for distances greater than 250 feet of primary feeder will be paid by the customer requesting service. Those costs paid by the customer will be subject to possible prorated reimbursement should another customer benefit from that same extension within the first five years following installation.

(2)     Commercial and industrial accounts. The city will provide an initial investment of $2,500.00 for extension of electric service to commercial and industrial accounts. The customer will provide funding for all costs in excess of $2,500.00. The funds provided by the customer will be reimbursed to them in monthly increments by the city in direct proportion to the monthly net profit on said sale of electricity to that account. The timing of the initial rebate check to the customer will coincide with the time that profit on the sale of electricity has reimbursed the city for the original $2,500.00 investment.

(Ordinance adopted 11/15/05, sec. I)

   Sec. 13.07.033     Power cost and tax adjustment

Schedules 140, 141, 142, 143, 144, 145, and 146 established in section 13.07.031 shall be subject to the following adjustment: In case the rate under which the city purchases power at wholesale is adjusted in accordance with the fuel cost adjustment provision in the city's wholesale power contract, the foregoing energy charges shall be adjusted each month by the same amount per kilowatt hour plus the most recent twelve (12) month average percentage of line loss, to cover line losses as the power cost adjustment per kilowatt hour in the city's wholesale power bill for the next proceeding month, or the revision or abolition of any existing tax (except income tax) levied or assessed against the city as a result of any new or amended tax laws or ordinances enacted, or the repeal of any such law or ordinance. (Ordinance adopted 11/15/05, sec. I)

   Sec. 13.07.034     Payment of bills

Net bills shall be due upon receipt and shall be payable 15 days from the date of the bill. Bills not paid shall be the net as rendered plus ten percent (10%) of such net bill. Bills unpaid after the 30th day after mailing will be disconnected and a $20.00 service charge [shall be charged] for each disconnect, reconnect, and/or collection. If the 30th day after mailing falls on a holiday or weekend, said day shall be the next regular business day of the month. (Ordinance adopted 3/20/07)

   Sec. 13.07.035     Rate schedules to be available to public

The city shall maintain on file at its principal office in this city in printed form copies of all established schedules or rates charged for electricity, and the same shall be made available to any citizen of the city who shall apply therefor. (Ordinance adopted 11/15/05, sec. I)

   Sec. 13.07.036     Determination of power cost adjustment factor

(a)     Electric service billed under all applicable rate schedules shall be subject to the application of a power cost adjustment (PCA) charge determined by multiplying the billing kilowatt-hours for the current month times a power cost adjustment factor (PCAF). The PCAF shall be calculated with the following formula:

PCAF = (FC - CF)/S

Definitions:

PCAF = Power cost adjustment factor rounded to the nearest $0.00001 per kWh.

FC = Total average fuel costs for the preceding twelve (12) months associated with delivery of wholesale power to the city from city's wholesale energy supplier. ($)

S = Total estimated kilowatt-hours energy sales to city customers determined by multiplying average kilowatt-hour purchases from the city's wholesale energy supplier by one minus the average monthly loss factor determined from the city's statistical data report. (kWh)

CF = Correction factor adjustment to be applied to correct for any variance between actual PCA costs and revenues. The calculations of CF shall be performed on a monthly basis with the results of this reconciliation applied to the PCAF on an as-needed basis to maintain PCA revenues and costs in close proximity. ($)

(b)     The formula for the calculation of the CF shall be as follows:

CF = (A) - (B)

Where:

(A) = The actual power cost adjustment revenues received from the application of the power cost adjustment factor for the subject reconciliation period. ($)

(B) = The actual power cost adjustment costs which should have been recovered from the application of the power cost adjustment factor for the subject reconciliation period. ($)

(Ordinance adopted 7/1/03, sec. I)

   ARTICLE 13.08 WATER WELLS*

   Sec. 13.08.001     Penalty

Anyone failing to comply with the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than two hundred ($200.00). Each separate day or any portion thereof during which any violation of this article occurs or continues shall be a separate offense, and upon conviction shall be punishable as herein provided. (Ordinance adopted 10/19/99, sec. 6)

   Sec. 13.08.002     Prohibitions

(a)     It shall be unlawful for any person, firm or corporation to drill or attempt to drill any water well within the corporate limits of this city except in compliance with the provisions of this article.

(b)     It shall be unlawful for any person to connect in any manner a private water well system to the city's water supply or distribution system.

(c)     It shall be unlawful to sell or give water to anyone for use on any property that is not owned by the permittee for a private well. Joint ownership of a single well for use on two properties shall also be prohibited.

(d)     Use of water from private wells shall be restricted to irrigation or livestock water supply purposes.

(e)     The total depth of any well permitted by this article shall not exceed 900 feet from natural ground surface.

(Ordinance adopted 10/19/99, sec. 1)

   Sec. 13.08.003     Permit

(a)     Required. No water well may be drilled without first obtaining a permit therefor from the city administrator.

(b)     Application. The application for a water well permit shall include a drawing or plat showing the location of the well with regard to property lines; name, address, and telephone number of the owner; name, address, state license number, and telephone number of the well driller; depth of proposed well; and proposed production rate.

(c)     Plat required. The person receiving a permit for drilling a well inside the city limits will be required to present a plat with a surveyor's certified seal at the time of requesting the permit.

(d)     Annual water sample report required. The owner and operator of a well drilled inside the city limits will be required to file an annual water sample report with the city from a certified lab.

(e)     Fee. The fee for a water well permit shall be $200.00.

(Ordinance adopted 10/19/99, sec. 2)

   Sec. 13.08.004     Location of well sites

(a)     Private water wells shall be so located that there will be no danger of pollution from flooding or from unsanitary surroundings, such as cesspools, privies, sewage, livestock and animal pens, solid waste disposal sites, or abandoned and improperly sealed wells.

(b)     No well site which is within fifty (50) feet of a tile or concrete sanitary sewer, septic tank, or storm sewer, or which is within one hundred fifty (150) feet of a cesspool or septic tank with open-jointed drainfield, will be acceptable for the development of a well.

(c)     No well site shall be allowed within five hundred (500) feet of a sewage treatment plant or within three hundred (300) feet of a sewage wet well, a sewage pumping station, or a drainage ditch which contains industrial waste discharges or the wastes from sewage treatment systems.

(d)     No water wells shall be located within five hundred (500) feet of animal feedlots, solid waste disposal sites, or lands irrigated by sewage plant effluent.

(e)     Livestock in pastures shall not be allowed within fifty (50) feet of water supply wells.

(Ordinance adopted 10/19/99, sec. 3)

   Sec. 13.08.005     Sanitation; abandonment; compliance with state rules

(a)     The premises, materials, tools, and drilling equipment shall be maintained so as to minimize contamination of the underground water during the drilling operation. All private water wells drilled, operated or abandoned and all water well drillers shall comply with the current state commission on environmental quality (TCEQ) water well drillers rules.

(b)     Abandonment of the well at a future date will require plugging consistent with TCEQ rules and documentation filed with the city.

(Ordinance adopted 10/19/99, sec. 4)

   Sec. 13.08.006     Inspections

Authorized representatives of the city shall be allowed access at any time to inspect the premises of a private well and any piping or appurtenances connected to the well to determine compliance with the provisions of this article. (Ordinance adopted 10/19/99, sec. 5)

   ARTICLE 13.09 SEPTIC TANKS*

   Sec. 13.09.001     Purpose; applicability

The purpose of this article is to regulate the installation, construction and maintenance of septic tanks, and this article shall apply to water customers of the city living within the city limits or outside of the city limits. (1989 Code, ch. 6, sec. 3(A))

   Sec. 13.09.002     Permit

(a)     Water customers of the city shall secure a permit from the city secretary before commencing the installation of septic tanks.

(b)     Applicants for septic tank permits shall pay a fee of fifty dollars ($50.00) for the installation of the septic tank for a single-family residence. The city will furnish engineering service to supervise the planning and installation of said septic tank and see that all requirements of the law are complied with in regard thereto.

(c)     Applicants for septic tank permits classified as multifamily, including apartment buildings, mobile home parks, and commercial establishments, shall pay a fee of twenty-five dollars ($25.00) for septic tank permits, and said commercial applicants shall be required to furnish their own engineering study for planning and installation of said septic tanks and submit for approval to the city council prior to issuance of said permit.

(1989 Code, ch. 6, sec. 3(B))

   Sec. 13.09.003     Payment of costs

The city shall be liable for no expenses in regard to the installation or connection of septic tanks for city water customers. (1989 Code, ch. 6, sec. 3(C))

   Sec. 13.09.004     Compliance with state regulations

All city water customers who install septic tanks under this article shall be governed by and shall comply with all other laws of the state in regard to septic tanks and shall also comply with and be governed by all rules and regulations and orders of the department of state health services in regard to the installation and maintenance of septic tanks. (1989 Code, ch. 6, sec. 3(D))

   Sec. 13.09.005     Correction of defects; authority to terminate water service

The city shall have the right to disconnect and terminate water service to any customer in the event that the septic tank of said customer becomes a nuisance or fails to comply with the laws, rules and regulations of the department of state health services. The city shall give the customer thirty (30) days' written notice prior to the disconnection of water service. The customer shall be required to correct any defects and/or deficiencies in his septic tank and secure a new septic tank permit ($50.00), with a reconnect fee of fifteen dollars ($15.00) for restoration of water service. (1989 Code, ch. 6, sec. 3(E))

   Sec. 13.09.006     Reinspection fee

In the event that a septic tank does not pass final inspection in regard to installation, the city shall have the right to charge an additional fee of twenty-five dollars ($25.00) for each reinspection required. (1989 Code, ch. 6, sec. 3)

   ARTICLE 13.10 GREASE TRAPS AND INTERCEPTORS

   Sec. 13.10.001     Applicability

(a)     This article shall apply to all non-domestic users of the COTW, as defined in 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 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 COTW 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.

(Ordinance 061907-C, sec. 2, adopted 8/21/07)

   Sec. 13.10.002     Definitions

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

BOD. The value of the 5-day test for biochemical oxygen demand, as described in the latest edition of Standard Methods for the Examination of Water and Wastewater.

COD. The value of the test for chemical oxygen demand, as described in the latest edition of Standards Methods of the Examination of Water and Wastewater.

COTW or city-owned treatment works. A treatment works which is owned by a 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 the COTW 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 article, the terms “sanitary sewer system” and “COTW” may be used interchangeably, and where the context requires a person or representative of the COTW the city-designated code enforcement officer or public works director shall be deemed the representative.

EPA. The United States Environmental Protection Agency.

Fats, oils, and greases (FOG). 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.”

Generator. Any person who owns or operates a grease trap/grease interceptor, or whose act or process produces a grease trap waste.

Grease trap or interceptor. 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.”

Grease trap waste. Material collected in and from a 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 dewatering processes.

Indirect discharge or discharge. The introduction of pollutants into a COTW from any non-domestic source.

Interference. A discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the COTW, 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.

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

TCEQ. The state commission on environmental quality, and its predecessor and successor agencies.

Transporter. 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, as amended from time to time.

TSS. The value of the test for total suspended solids, as described in the latest edition of Standard Methods for the Examination of Water and Wastewater.

User. 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 COTW, including persons who contribute such wastewater from mobile sources.

(Ordinance 061907-C, sec. 3, adopted 8/21/07)

   Sec. 13.10.003     Installation, cleaning and maintenance

(a)     Installation.

(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 locally adopted plumbing codes or other applicable ordinances.

(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 COTW.

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

(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, as amended from time to time.

(c)     Self-cleaning.

(1)     Grease trap self-cleaning operators must receive approval from the COTW annually prior to removing grease from their own grease trap(s) provided:

(A)     The grease trap is no more than fifty (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 located on the premises and in an area for the transporter to pump out; and

(E)     Detailed records on these activities are maintained.

(2)     Grease trap self-cleaning operators must submit a completed self-cleaning request to the COTW for approval. The written request shall include the following information:

(A)     Business name and street address;

(B)     Grease trap/interceptor operator name, title, and phone number;

(C)     Description of maintenance frequency, method of disposal, method of cleaning and size (in gallons) of the grease trap/interceptor; and

(D)     Signed statement that the operator will maintain records of waste disposal and produce them for compliance inspections.

(3)     Self-cleaners must adhere to all the requirements, procedures and detailed recordkeeping outlined in their approved application, to ensure compliance with this article. A maintenance log shall be kept by self-cleaning operators 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 and disposed of properly, the grease trap/interceptor was thoroughly cleaned, and all parts were replaced and in operable condition. A copy of this log shall be sent to the local authority within 15 days.

(4)     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 schedule.

(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.

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

(A)     Twenty-five (25) 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;

(B)     The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels established by the COTW; or

(C)     If there is a history of noncompliance.

(3)     Any person who owns or operates a grease trap/interceptor may submit to the COTW a request in writing for an exception to the ninety (90) day pumping frequency of their grease trap/interceptor. The COTW may grant an extension for required cleaning frequency 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 COTW; or

(B)     Less than twenty-five (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.

(4)     In any event, a grease trap and grease interceptor shall be fully evacuated, cleaned, and inspected at least once every 180 days, or more frequently if evidence of noncompliance is found. An inspection fee of $30.00 is payable to the city within 10 days of inspection.

(e)     Manifest requirements.

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

(E)     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.

(F)     One part of the manifest shall go to the local authority within 15 days after the grease trap/interceptor has been serviced.

(4)     Copies of manifests returned to the waste generator shall be retained for five (5) years and be readily available for review by the COTW.

(f)     Use of alternative treatment methods.

(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, terpenes, and other solvents.

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

(3)     Bioremediation media may be used with the COTW's approval if the person has proved to the satisfaction of the COTW 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 degrees F (71 degrees 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 5 and 11.

(4)     All testing designed to satisfy the criteria set forth in subsection (f)(3) of this section 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 state 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, as they are amended from time to time. Testing shall be open to inspection by the COTW, and shall meet the COTW's approval.

(Ordinance 061907-C, sec. 4, adopted 8/21/07)

   Sec. 13.10.004     Penalties

(a)     If the COTW 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 an additional $500.00 for each violation 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 an increase in civil penalty by an additional $500.00 for each violation and may result in termination of services.

(c)     Any person, connected to the COTW, who shall violate any of the provisions of this article or the technical codes adopted herein, or shall fail to comply therewith, or with any of the requirements thereof, shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of five hundred dollars ($500.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein. Allegations and evidence of culpable mental state are not required for proof of a violation of this article.

(Ordinance 061907-C, sec. 5, adopted 8/21/07)

   Sec. 13.10.005     Termination of wastewater service

(a)     Emergency termination. If an officer charged with enforcement of this article determines that a violation of this article constitutes an immediate threat to the public health, safety and welfare, and the owner, occupant, or person in control of the property (the “responsible party”) is absent or fails to immediately remedy the violation, the officer may terminate wastewater services to such property. The city administrator shall hold a hearing within 72 hours after termination of service to determine whether the responsible party violated this article, unless a later hearing date is requested by the responsible party or the responsible party is unable to be located, in which case the hearing shall be held as soon as possible. Promptly after terminating service, the officer charged with enforcement of this article shall give the responsible party written notice of the hearing by personal delivery or posting notice of the hearing on or near the front door of each building on the property. If it is determined at the hearing that the responsible party did not violate this article or that activity at the responsible party's property did not cause blockage of a collection system line, as appropriate, the responsible party's utilities shall be immediately reconnected without charge to the responsible party. If it is determined that the responsible party violated this article or activity at the responsible party's property caused blockage of a collection system line, as appropriate, wastewater service shall not be reconnected until the responsible party remedies the violation of this article and pays all required reconnection fees. The city administrator's decision may be appealed to the city council in writing within ten days of the city administrator's decision.

(b)     Nonemergency termination. An officer charged with enforcement of this article who determines that a violation of this article is present may seek termination of wastewater service to the property at which the violation is present after notice and hearing as provided in this subsection. The officer charged with enforcement of this article shall give written notice of the violation of this article to the responsible party and the requirement that the violation be remedied within ten (10) days. If the responsible party fails to remedy the violation within the time specified in the notice, the officer charged with enforcement of this article may request a hearing by the city administrator regarding termination of service. Written notice of the time and date of the hearing shall be given to the responsible party at least ten days before the hearing date. Notices required by this subsection shall be delivered to the responsible party by in-person service, or by letter addressed to the responsible party at his/her post office address, or, if personal service may not be had or the responsible party's address not be known, then notice may be given by publishing a brief summary of such notice at least once in the official newspaper of the city or by posting a notice on or near the front door of each building or on the property upon which the violation is present. If the city administrator determines that the responsible party is in violation of this article or activity at the responsible party's property caused blockage of a collection system line, the city administrator may order wastewater service to such property be terminated. Wastewater service shall not be reconnected until the responsible party remedies the violation of this article and pays all required reconnection fees. The city administrator's decision may be appealed to the city council in writing within ten days of the city administrator's decision.

(Ordinance 061907-C, sec. 6, adopted 8/21/07)