15-R-18 - San Antonio River Authority, Sewer DisposalORI
GINAL
RESOLUTION NO. 15 -R -18
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ,
TEXAS AND THE SAN ANTONIO RIVER AUTHORITY FOR SEWAGE
TRANSPORTATION, TREATMENT AND DISPOSAL IN SOUTHERN SCHERTZ AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an Interlocal Agreement with San Antonio River Authority for Sewage
Transportation, Treatment, and Disposal; and
WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal
Cooperation Contracts, authorizes contracts between political subdivisions for the performance
of governmental functions and services;
WHEREAS, the San Antonio River Authority holds the Certificate of Convenience and
Necessity for Sewer Service in the Southern Schertz area; and
WHEREAS, the staff of the City of Schertz has met with the San Antonio River
Authority and negotiated the terms of the Interlocal Agreement; and
WHEREAS, the City of Schertz has applied for a dual Certificate of Convenience and
Necessity with the Public Utility Commission; and
WHEREAS, one of the requirements of the application is an Interlocal Agreement
between the City of Schertz and San Antonio River Authority; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the Interlocal Agreement with the San Antonio River Authority for Sewage
Transportation, Treatment, and Disposal attached hereto as Exhibit A (the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with the San Antonio River Authority.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 3rd day of March, 2015.
CITY OF SCHERTZ, TEXAS
Cedric Edwards, ayor Pro -Tern
ATTEST:
r � �
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
INTERLOCAL AGREEMENT
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INTERLOCAL AGREEMENT BETWEEN SAN
STATE OF TEXAS § ANTONIO RIVER AUTHORITY AND THE
§ CITY OF SCHERTZ, TEXAS FOR SEWAGE
COUNTY OF BEXAR § TRANSPORTATION, TREATMENT AND
DISPOSAL
This Interlocal Agreement (hereinafter referred to as "Agreement ") is entered into
by and between the San Antonio River Authority, a conservation and reclamation district
(hereinafter referred to as "River Authority "), and the City of Schertz, Texas, a Texas
municipal corporation (hereinafter referred to as "City "), each of which may also be
referred to herein individually as a "Party" or collectively as the "Parties ".
WHEREAS River Authority owns and operates the San Antonio River Authority
Wastewater Treatment System (the "System "), which provides sewage transportation,
treatment and disposal; and
WHEREAS, City is located within River Authority's certificate of convenience and
necessity and owns and operates its sewage collection system; and
WHEREAS City desires to contract with River Authority to provide sewage
transportation, treatment and disposal for City; and
WHEREAS the Parties in the interest of public convenience and pursuant to the
provisions of Chapter 791, as amended, Texas Government Code ( "Chapter 791 "), have
determined that the public interest would best be served by River Authority providing
sewage transportation, treatment and disposal for City to promote efficiency and
effectiveness and to protect the environment, public health, safety and welfare;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the undersigned Parties agree to the terms and conditions outlined
below.
I. AUTHORITY
This Agreement is entered into by the Parties pursuant to the authority granted
each of them by the applicable general and special laws of the State of Texas, and in
compliance with the provisions of Chapter 791. This Agreement is intended to further the
purpose of Chapter 791, which is to increase the efficiency and effectiveness of local
governments.
IL CITY'S OBLIGATIONS
City agrees that it shall (i) timely pay to River Authority the full amount it is
required to pay under the provisions of this Agreement, (ii) plan, construct, maintain and
finance the local sewage facilities owned, operated and maintained by City, (iii) set retail
rates to its individual customers for sewage service adequate to meet its obligations,
including those hereunder, (iv) bill and collect for its local sewer services, (v) generate and
distribute any and all communications to City customers related to City services (vi) set
and enforce construction standards (plumbing codes and building ordinances) for its
system based on appropriate regional standards, and (vii) if applicable, establish an
industrial cost recovery charge consistent with guidelines of the Environmental
Protection Agency. City agrees that it will cooperate with and assist the River Authority in
the performance of the obligations assigned to the River Authority in this Agreement.
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III. RIVER AUTHORITY'S OBLIGATIONS
River Authority agrees that it shall (i) transport, treat and dispose of sewage of
the City, in compliance with its currently permitted operations; currently all flow from this
service area is treated at the Martinez III Wastewater Treatment Plant which is permitted
for 150,000 gallons per day; the current permitted capacity of the Graytown Wastewater
Treatment Plant, which has not yet been constructed, is 2,000,000 gallons per day; the
projected build out of the Graytown Wastewater Treatment Plant for the entire
watershed is estimated to be permitted for up to 18,000,000 gallons per day, (ii)
cooperate with and assist City in the performance of the obligations assigned to the City
underthis Agreement, and (iii) operate the System efficiently and prudently in accordance
with the accepted standards of its governmental function.
IV. PROCEDURES TO ENSURE QUALITY
Sewage will be accepted into the System at points of entry mutually agreed upon
in writing by City and River Authority. The current points of entry are shown in the
attached Exhibit "A ".
City agrees to limit its discharges into the System to those that are defined as
admissible discharges under River Authority's industrial waste control ordinance No. O-
805 passed and approved May 15, 1985 and to curtail the discharge of any wastes that
have the characteristics of prohibited discharges under said ordinance, and all future
amendments to said ordinance. A copy of said ordinance is attached as Exhibit "B ".
City shall have full responsibility in connection with all wastes handled by its local
sewage facilities. River Authority shall have full responsibility in connection with all wastes
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handled by the System, including City sewage accepted by the System at mutually agreed
upon entry points.
V. CHARGES
City shall make payments to River Authority for (i) sewage transportation,
treatment and disposal, (ii) fees included in the River Authority's industrial waste control
ordinance, including extra strength sewage treatment, (iii) industrial cost recovery, (iv)
connection fees and (v) for any other expenditures which are the responsibility of City
under this Agreement. The initial wholesale charges to City for sewage transportation,
treatment and disposal; the charges for extra strength wastes; the industrial cost recovery
charges; and the connection fees to be charged to City shall be based on Wholesale
Customer Charge Schedule as shown in the attached Exhibit "C ".
River Authority will adjust its charges to the City annually, on July 1 of each calendar
year. On or before May 1 of each year, River Authority will give written notice to City of
the charges for the following year. River Authority shall not be responsible to City or its
customers for any issues related to customer billings.
Within thirty days of the close of each calendar month, a statement of aeGeu,,t
connections and the payments called for in this Agreement shall be forwarded to River
Authority by City. By June 1 of each calendar year, City shall provide a listing of
connections served by address to River Authority. River Authority shall have the right to
verify and audit reported connections. Delinquent payments to River Authority shall incur
a penalty based on State of Texas Prompt Payment Act.
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VI. TERM
The term of this Agreement shall be for 20 years from UA of , 2015.
The obligation of City to promptly pay all prescribed charges shall commence upon the
execution of this Agreement and shall continue for the balance of the term remaining on
this Agreement provided that the River Authority performs in accordance with the terms
of this Agreement. At the end of such term, the Parties agree that each Party shall have
the right to an extension of the term of this Agreement beyond such initial period for four
additional five year terms under identical terms and conditions, provided each Party
agrees.
VII. TITLE TO WATER AND SEWAGE
Title to all water and sewage put into the System under this Agreement shall pass
to the River Authority at the points of entry.
VIII. EASEMENTS
City agrees to the extent physically feasible, reasonably practicable, as determined
by City, and legally authorized that the River Authority may use without compensation
the easements, rights -of -way or property held by City, and described on the attached
Exhibit D, so that the River Authority's facilities and required equipment may be
appropriately provided.
IX. FORCE MAJEURE
If for any reason of "force majeure" either of the Parties hereto shall be rendered
unable wholly or in part to carry out its obligations under this Agreement, other than the
obligation of the City to make the payments required under the terms of Article IV hereof,
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then if such Party shall give notice and full particulars of such reasons in writing to the
other Party within a reasonable time after the occurrence of the event, or cause relied
on, the obligation of the Party giving such notice, so far as it is affected by such "force
majeure" shall be suspended during the continuance of the inability then claimed, but for
no longer period; and such Party shall endeavor to remove or overcome such inability
with all reasonable dispatch. The term "force majeure" as employed herein shall mean
acts of god, strikes, lock -outs or other industrial disturbances, acts of public enemy,
orders or actions of any kind of the Government of the United States or the State of Texas
or any civil or military authority, insurrections, riots, epidemics, landslides, lightening,
earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of
Government and people, civil disturbances, explosions, breakage or accident to dams,
machinery, pipelines, or canals or structures, or on account of any other cause not
reasonably within the control of the Party claiming such inability. It is understood and
agreed that the settlement of strikes and lock -outs shall be entirely within the discretion
of the Party having the difficulty, and that the above requirement that any "force
majeure" shall be remedied with all reasonable dispatch shall not require the settlement
of strikes and lock -outs by acceding to the demands of the opposing parties when such
settlement is unfavorable to it in the judgment of the Party having difficulty. No damages
shall be recoverable from the River Authority by reason of the causes above mentioned.
X. AUDIT
Each Party reserves the right to conduct, or cause to be conducted an audit of all
funds received or dispersed under this Agreement at any and all times deemed
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necessary by that Party. Each Party's staff, a certified public accounting firm, or other
auditors as designated by that Party, may perform such audit(s). Each Party reserves the
right to determine the scope of every audit. Each Party agrees to make available to the
other Party all books, records, documents and reports with respect to matters covered
by this Agreement.
XI. INSURANCE
Each Party shall name the other Party as an additional insured under its current
respective insurance policy or intergovernmental risk management fund coverage,
maintaining the additional insured requirement throughout the term of this Agreement,
and furnish certificates of coverage to the other Party upon request, including, a
certificate of insurance coverage indicating the commercial general liability policy data
and the additional insured endorsement or verification of intergovernmental risk
management fund coverage.
XII. ASSIGNMENT
No Party may assign or transfer its interest in this Agreement or any portion
thereof without the written consent of the governing body of the other Party. Any
attempt to transfer, pledge or otherwise assign shall be void ab initio and shall confer no
rights upon any third person or party.
XIII. NOTICE
For purposes of this Agreement, all notices among the Parties shall be deemed
sufficient if in writing and mailed certified mail, return receipt requested, postage
prepaid, to the addresses set forth below:
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CITY:
City Manager
City of Schertz
1400 Schertz Parkway
Schertz, TX 78154
RIVER AUTHORITY:
General Manager
San Antonio River Authority
P. O. Box 839980
San Antonio, Texas 78283
Notices of changes of address must be made in writing delivered to the last known
address of each other Party within five (5) business days of the change.
XIV. GOVERNING LAW AND VENUE
The Parties agree that this Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. Any action or proceeding brought to
enforce the terms of this Agreement or adjudicate any dispute arising out of this
Agreement shall be brought in a court of competent jurisdiction in Bexar County, Texas.
XV. GENDER AND TENSE
Words of either gender used in this Agreement shall be held and construed to
include the other gender, and words in the singular number shall be held to include the
plural, unless the context otherwise requires.
XVI. AUTHORITY
The signers of this Agreement represent that they have full authority to execute
this Agreement on behalf of City and River Authority, respectively, and that the respective
governing bodies of City and River Authority, have authorized the execution of this
Agreement.
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XVII. INDEPENDENT CONTRACTOR
It is expressly agreed and understood that each Party is and shall be deemed to be
an independent contractor, responsible for its respective acts or omissions and that the
other Party shall be in no way responsible therefore, and that no Party hereto has
authority to bind the other Party nor to hold out to third parties that it has the authority
to bind the other Party. Nothing herein contained shall be deemed or construed to create
the relationship of employer - employee, principal- agent, an association, joint venture,
partners, or partnership or impose a partnership duty, obligation or liability among the
Parties. No third party beneficiaries are created by this Agreement. This Agreement is
not intended to and shall not create any rights in or confer any benefits upon any other
person other than the Parties.
XVIII. SEVERABILITY
If any clause or provision of this Agreement is held invalid, illegal or unenforceable
under present or future federal, state or local laws, then and in that event it is the
intention of the Parties that such invalidity, illegality or unenforceability shall not affect
any other clause or provision hereof and that the remainder of this Agreement shall be
construed as if such invalid, illegal or unenforceable clause or provision was never
contained herein; it is also the intention of the Parties hereto that in lieu of each clause
or provision of this Agreement that is invalid, illegal or unenforceable, thereby added as
a part of this Agreement a clause or provision as similar in terms to such invalid, illegal or
unenforceable clause or provisions as may be possible, to be legal, valid and enforceable.
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XIX. DISPUTE RESOLUTION
If a dispute arises with respect to this Agreement, the Parties shall first negotiate
in good faith to resolve the dispute with an appeal to higher internal management, and
failing resolution by such means, shall then submit the dispute to a mutually agreeable,
non - binding dispute resolution process, before resorting to litigation.
XX. AMENDMENTS AND MODIFICATIONS
This Agreement shall be binding upon the Parties and their respective successors
and legal representatives and shall inure solely to the benefit of the Parties and their
respective successors and legal representatives. Furthermore, no alteration,
amendment, or modification of any provision of this Agreement shall be effective unless
(1) prior written consent of such alteration, amendment, or modification shall have been
obtained from the Parties hereto, and (2) such alteration, amendment, or modification is
in writing and signed by the Parties hereto. The Parties may amend this Agreement upon
compliance with applicable law.
1 :0MVI%11Ua:7
The failure on the part of either Party herein at any time to require the
performance by the other Party, of any way portion of this Agreement, shall not be
deemed a waiver of, or in any way affect that Party's rights to enforce such provision, or
any other provision. Any waiver by any Party herein of any provision hereof, shall not be
taken or held to be a waiver of any other provision hereof, or any other breach hereof.
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XXII. NO THIRD PARTY BENEFICIARY
The Parties are entering into this Agreement solely for the benefit of their own
entities and agree that nothing herein shall be construed to confer any right, privilege or
benefit on any person or entity other than the Parties hereto.
XXIII. INCORPORATION OF PROVISIONS REQUIRED BY LAW
Each provision and clause required by law to be inserted into this Agreement shall
be deemed to be included herein, and the Agreement shall be read and enforced as
though each were included herein. If through mistake, or otherwise, any such provision
is not inserted, or is not correctly inserted, the Agreement shall be mutually amended to
make such proper insertion, on application by either Party.
XXIV. CAPTIONS
The section headings appearing in this Agreement are for convenience of
reference only and are not intended, to any extent and for any purpose, to limit or define
the text of any section or any subsection hereof.
XXV. INCORPORATION OF RECITALS
The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Agreement for all purposes and are adopted
as a part of the judgment and findings of the governing boards of the Parties.
XXVI. INCONSISTENT PROVISIONS
All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Agreement are hereby repealed to the extent of
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such conflict, and the provisions of this Agreement shall be and remain controlling as to
the matters provided herein.
XXVII. COMPLIANCE WITH TEXAS OPEN MEETINGS ACT
It is officially found, determined, and declared that the meeting of the River
Authority at which this Agreement is adopted was open to the public and public notice of
the time, place, and subject matter of the public business to be considered at such
meeting, including this Agreement, was given, all as required by Chapter 551, as
amended, Texas Government Code.
XXVIII. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties pertaining to
the subject matter hereof and fully supersedes all prior agreements and understandings
between the parties pertaining to such subject matter.
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EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL
HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, the L=-4— day of
tj,,hAC1 , 2015.
CITY
CITY OF SCHERTZ
a Texas Municipal
Corporation
_o
ichael Carpenter
Mayor
ATTEST:
v
Brenda Dennis
City Secretary
APPROVED AS TO LEGAL
FORM:
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RIVER AUTHORITY
SAN ANTONIO RIVER
AUTHORITY
SLIJanne B. Scott
General Manager
ATTEST:
Steph n T. Graham
Assistant Secretary
APPROVED AS TO LEGAL
FORM:
David W. Ross
General Counsel
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ORDINANCE N0. 0-8056,
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AN ORDINANCE OF THE BOARD OF DIRECTORS .OF THE SAN
ANTONIO RIVER AUTHORITY REGULATING THE USE OF BOTH
PUBLIC AND PRIVATE SEWERS, DRAINS AND RELATED
APPURTENANCES THAT ULTIMATELY DISCHARGE INDUSTRIAL
WASTES INTO THE SAN ANTONIO RIVER AUTHORITY
MARTINEZ- SALATR ILLO CREEKS SEWAGE TRANSPORTATION AND
TREATMENT SYSTEM, PROMULGATING STANDARD PROCEDURES
AND REGULATIONS FOR COMPLIANCE HEREWITH,
ESTABLISHING PENALTIES FOR NONCOMPLIANCE HEREWITH,
AND REPEALING ORDINANCE NO. 0 -553, PASSED AND
APPROVED 17.FEBRUARY, 1971.
Preamble
WHEREAS, the Federal government has enacted the Federal
Water Pollution Control Act of 1972 (PL --92 -500), as amended by
the Clean Water Act of 1977 (PL 95 -217) containing industrial
Wastewater Pretreatment: Regulations at 40 CFR, Part 403; and
WHEREAS, the SAN ANTONIO RIVER AUTHORITY (hereinafter
referred to as "SARA ") operates the Martinez- Salatrillo Creeks
Sewage Transportation and Treatment System, and is responsible
for meeting effluent limitations established by -state and
federal permits for the operation of all wastewater treatment
plants which are part of said system; and
WHEREAS, in connection with meeting such• effluent
limitations it is essential that SARA enforce 'compliance with
the above cited statutes in regulating the use of the
Martinez-- Salatrillo Creeks Sewage. Transportation and Treatment
System.
NOW, THEREFORE BE IT ORDAINED BY THE-BOARD OF DIRECTORS OF THE
SAN ANTONIO RIVER AUTHORITY:
SECTION 1. Repeal of Existing Ordinance.
SAN ANTONIO RIVER AUTHORITY Ordinance No.
0 -553 passed and approved 17 February 1971 is hereby repealed
and superseded effective June 1, 1985.
SECTION 2. General Provisions.
This Ordinance may be cited as-the SAN ANTONIO
RIVER AUTHORITY Industrial Waste Ordinance and becomes
effective on June 1, 1985. It sets forth uniform requirements
to be met by all industrial waste dischargers utilizing the SAN
ANTONIO RIVER AUTHORITY Martinez - Salatrillo Sewerage System.
This.Ordinance is written to enable the said system to comply
with, and enforce all., applicable State and Federal laws
pertaining to water quality control.
The objectives of this Ordinance are:
(a) To prevent the introduction 'of pollutants
into the Mart inez-Salatrillo Sewerage System in such'
quantities or qualities that would interfere with
the operation of the said System or contaminate the
resulting sludge;
(b) To prevent the introduction of pollutants
into the Martinez - Salatrillo Sewerage System that
may typically pass through the said System either
unaffected by the treatment process; or inadequately
treated by that process, and. - -resulting in an
insufficient duality of effluent discharging into
the receiving waters or atmosphere;
(c) To improve the opportunity for reclaiming
and recycling wastewater and-sludge generated by the
Martinez - Salatrillo Sewerage System.
(d) To
d- istribution
capital rela
classes;
(e) To
non- domestic
ensure that -there is an equitable
of the operation, maintenance and
ted costs of the said System across user
create a permit system to regulate
users of the said System;
(f) To enforce_ the provisions 'of this
Ordinance by .requiring self - monitoring and
self-reporting from industrial users to supplement
periodic investigations made by SARA inspection
personnel;
(g) To provide penalties for violations of the
regulations established herein,
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This Ordinance shall be given full force and effect
inside the SARA Martinez - Salatrillo Sewerage System service
areas. Additionally, this ordinance shall apply to those
entities- being served by the said System. By operation of law,
permit conditions, contract, or -intermunicipal agreement,
industrial wastewater dischargers within in entities,
unincorporated areas, and incorporated areas, are obligated to
abide by the provisions of this Ordinance and /or equal or more
stringent, non -SARA, entity - enacted, ordinances that govern the
discharge of industrial wastewater into sewage collection
systems that ultimately connect to SARA's Martinez - Salatrillo
Sewerage System. industrial wastewater discharges within
entities, unincorporated areas, and incorporated areas inside
the SARA Martinez - Salatrillo Sewerage System service area are
obligated to financially support the said System by paying all
applicable sewer user charges and fees to the• appropriate
collection agent ,for costs associated with the transportation,
tzeatment, operation, maintenance; monitoring, administration
and enforcement services provided. Except, as otherwise
provided for herein, the General Manager of SARA shall be
responsible for the implementation, administration and
enforcement of•,t:he provision of this Ordinance.
SECTION 3. Definitions.
3.1 Act or 'the Act'. The Federal Water pollution
Control Act, also known as the Clean Water Act, as amended, 33
U.S..C. 1251, et. seq.
3.2 Approval Authority. The Administrator of the EPA
or his designated representative.
3.3 Authorized Representative of Industrial User. An
authorized representative of an industrial user may be: (1) an
executive officer of at least the level of vice president if
the industrial user is a corporation; (2) a general partner or
proprietor if the industrial user is a partnership or
proprietorship, respectively; (3) a duly authorized
representative of the individuals designated above. The
designated representative of an industrial user shall be named
only by_ official title in. the Industrial Wastewater Discharge
Permit,
3.4 Biochemical Oxygen Demand (BOD)_. The quantity of
oxygen utilized in the biochemical oxidation of organic matter
under standard laboratory procedure, five (5) -days at 20
degrees centigrade expressed in terms of weight per unit volume
(milligrams per liter, mg /1).
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3.5 Board of Directors. The twelve elected directors
of the San - Antonio River Authority, any seven of which, when
meeting under the provisions of the Texas Open Meeting Law
(Tex. Rev. Civ. Stat. Ann. art. 6252 -17), constitute a quorum
and may act for SARA.
3.6 Building Sewer. A sewer conveying wastewater from
the premises of a User to the POTW.
3.7 Categorical Standards. National Categorical
'Pretreatment Standards or Pretreatment Standard as set .forth in
any regulation .containing pollutant discharge limits
promulgated by the EPA in accordance with the .Section 307 (b)
and (c) of the Act (33 U.S.C. 1347) which applies to a specific
category of Industrial Users.
3.8 "C.0.D." (Chemical Oxygen Demand) means measure of
the oxygen consuming capacity of inorganic and organic matter
present- in the water or wastewater expressed in mg /1 as 'the '
amount of oxygen consumed from-a chemical oxidant in a specific
test, but not differentiating between, stable and unstable
organic matter and.: thus not necessarily correlating with
biochemical oxygen`demand;
3.9 Cooling .Water. The water discharge from any use
thereof to which the only potential pollutant added is heat.
3.10 compatible Pollutant. Biochemical oxygen demand,
suspended solids, PH and fecal coliform bacteria; plus any
additional pollutants identified in -the publicly -owned
treatment work's NPDES permit, where the publicly -owned
treatment work (POTW) is designed to treat such pollutants and,
in fact, does treat such pollutants to the degree required by
the POTW's NPDES permit.
3.11 Control Authority. The term "control authority"
shall refer to the "Approval Authority ", defined hereinabove;
or the Systems Manager if SARA has an approved Pretreatment
Program under the provisions of 40 CFR, 403.11.
3.12 Control Manhole. A manhole giving access to a
building sewer at some point before the building sewer
discharge mixes with other discharges in the public.sewer.
3.13 Control Point. Point of access to a course of
discharge before the discharge mixes with other discharges in
the public, sewer..
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3.14 Direct Discharge. The discharge of treated or
untreated wastewater. directly to the waters of- the State of.
Texas.
3.15 Environmental Protection Agency, or EPA. The U.S.
Environmental Protection Agency, or where appropriate the term
may also be used as a designation for the Administrator or
other duly authorized official of said agency.
3.16 Garbage. Animal and vegetable wastes and residue
from preparation, cooking and dispensing of food; and from the
handling, processing, storage and sale of food products -and
produce.
3.17 Grab Sample. A sample which is taken from a
wastewater flow on a one -time basis without regard to the
volume of flow and without consideration of" the time at which
the sample is taken.
3.18 Holding Tank Waste. Any wastes from holding tanks
such _as vessels, chemical toilets, campers, trailers, septic
tanks,, and vacuum pump tank trucks, and other liquid waste
hauling mechanisms_'
3.19 Incompatible Pollutant. All pollutants other than
compatible pollutants as defined in subparagraph 3.8 of this
Section.
3.20 Indirect Discharge. . The discharge or the
introduction of non- domestic pollutants from any source
regulated under Section 307 (b) or .(c) of the Act. (33 U.S.C.
1317) into the POTW (including• holding tank waste discharged
into the Wastewater System).
3.21 Industrial User. A non -- residential source of
Indirect Discharge as defined above which does not constitute a
'discharge of pollutants' to a receiving stream under
regulations issued pursuant to Section 402, of the Act, (33
U.S.C. 1342).
3.22 Industrial Wastewater. The liquid and waterborne
pollutants resulting from processes or operations employed in
business, commerce, or industry as defined in the "Standard
Industrial Classification Manual, 1972" Office of Management
and Budget of the . Federal government, as amended and
supplemented from time to time_ Includes the mixtures of any
industrial wastewater pollutants with water or .domestic sewage
as'distinct from normal domestic wastewater.
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3. 23 Interference. The inhibition or disruption of the
POTW transportation and /or treatment processes or operations or
that which contributes to a violation of any requirement of the
POTW's NPDES Permit. The term includes acts or failures to act
that prevent sewage sludge use or disposal by the POTW in
accordance with Section 405 of the Act (33 U.S.C. 1345) or any
criteria, guidelines or regulations developed pursuant to the
Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic
Substances Control Act, the Resource Conservation and Recovery
Act, or more stringent state criteria (including those
contained in any State sludge management plan prepared pursuant
to Title IV of SWDA) applicable to the methods of disposal or
use employed by the POTW.
3.24 Manager, The General. Manager of SARA or his duly
authorized representative. The General Manager reports to the -
Board of Directors of SARA.
3-.25 National Prohibitive Discharge Standard or
Prohibitive Discharge Standard. Any regulation developed under
the authority of 307 (b) of the Act 40 CFR, Section 403.5.
3.26 Natural Outlet. Any outlet .into a watercourse,
ditch, lake, or other body of surface water or groundwater.
3.27 New Source. Any source, the construction of which
is commenced after the publication (in the Federal Register) of
proposed standards for that industry, as prescribed in section
307 (c) of the Act (33 U.S.C.1317), if such regulation is
enacted within 120 days. after -publication in the Federal
Register. Where the standard is promulgated later than 120
days after publication in the Federal Register, a new source
means any source, the construction of which is commenced after
the date of promulgation of the standard.
3.28 National Pollution Discharge Elimination System or
NPDES Permit. A permit issued pursuant to Section 402 or the
Act (33 U.S.C. 1342).
3.29 Normal Domestic Wastewater. The water -borne wastes
normally discharging from the sanitary • conveniences of
dwellings, including apartment houses, hotels, office
buildings, factories and institutions, which are free from
.storm water and industrial waste. The BOD is not greater than
200 mg /1 and suspended solids level is not greater than 200
mg /1.
3.30 Person. Any individual, partnership,
co- partnership, firm, company, corporation, association, joint
stock company, trust, estate, governmental entity or any other
legal entity, or their legal representatives, agents or
assigns. The masculine gender shall include the feminine, the
singular shall include the plural where indicated by the
context.
3.31, pH. The logarithm (base 10) of the reciprocal of
the concentration of hydrogen ions expressed in moles per liter
of solution.
3.32 Pollution. The human alteration of the chemical,
physical, biological, or, radiological characteristics of water
below certain minimum desirable quality standards.
3.33 Pollutant. Any dredge spoil, solid, waste,
incinerator residue, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock,. sand, cellar dirt
and industrial, municipal, and agricultural waste discharged
into Water.
3.34 Pretreatment or Treatment. The reduction of the
amount of pollutants, the elimination of pollutants, or the
alteration of the nature of pollutant properties in wastewater
to a .less harmful ' state prior to or in lieu of discharging or
otherwise introducing such pollutants into a POTW. The
reduction or alteration can be obtained by physical, chemical
or biological processes, or process 'cha•nges by other means,
except as prohibited by 40 CFR Part 403, Section 403.6 (d).
3.35 Pretreatment Requirements. Any locally adopted
substantive or procedural requirement related to industrial
wastewater pretreatment that may supplement National
Pretreatment Standard requirements imposed upon an industrial
iiser.
3.36 Publicly Owned Treatment Works (POTW). A treatment
works as defined by Section 212 of the Act (33 U.S.C_ 1292).
This definition includes any sewers that convey wastewater to
the POTW treatment plant from indirect discharge points. This
definition does not include pipes, sewers, sampling points
located exclusively on private property, or other conveyances
that are physically located anterior to the indirect discharge
point.
3.37 POTW Treatment Plant.. .That portion of the POTW
designed to provide wastewater treatment rather than wastewater
transportation.
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3.38 San Antonio River Authority. A political
subdivision of the. State of Texas organized by the Texas
Legislature under authority of Article XVI Sec. 59 of the Texas
Constitution, aria codified as Article 8280 -119; Revised Civil
Statutes of Texas, hereinafter called "SARA ".'
3.39 Shall. Shall is mandatory: M� is permissive.
3.40 Slug. Any discharge of water, wastewater or
iridustrial waste which in concentration *of any given
constituent or in quantity of flow, exceeds for any period of
duration longer than fifteen (15) minutes more than five (5)
times the average twenty -four hour concentration or flows
during normal operation_
3.41 State. State of Texas.
3.42 Standard Industrial Classification (SIC)_ A
classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office of the
President, Office of Management and Budget, 1972.
3.43 Standard Methods. Shall mean the examination and
analytical - procedures set forth in the latest edition at the
time of analysis of 'Standard Methods for the Examination of
Water and Wastewater" as prepared by the American Water Works
Association. "Standard Methods" shall also mean any approved
analytical procedures published by the U.S. EPA in 40 CFR Part
36.
3.44 Storm Water. Any excess flow of water within the
Wastewater System resulting from surface runoff from natural
forms of precipitation including infiltration and inflow.
3.45 Suspended Solids. The total suspended matter that
floats on the surface of, or is. suspended in, water,
wastewater, or other liquids, which is removable by a
laboratory filtration device in accordance with procedures set
forth in "Standard Methods for the Examination of Water and
Wastewater ". expressed in terms of weight per unit volume (mg /1).
3.46 Systems Manager. The person designated by the
General- Manager of SARA to supervise the operation and
maintenance of the publicly owned treatment works and who is
charged with certain duties and -responsibilities by this
ordinance. Although SARA will normally be represented by the
Systems Manager in contacts with users of the POTW, other
qualified' personnel can be designated as the Systems Manager's
duly authorized representative when appropriate.
3.47 Toxic Pollutant. Any pollutant or combination of
pollutants listed as toxic in regulations promulgated by the
Administrator of the Environmental Protection Agency under the
provision of Section 307 (a) of the Act or other Acts.
3.46 Trap_ A device designed to skim, settle, or
otherwise remove grease, oil, sand, flammable wastes or other
harmful substances.
3.49 User. Any person who contributes, causes or
permits the contribution of wastewater into SARA's POTW.
3.50 Wastewater_ The liquid and water - carried
industrial or domestic wastes from dwellings, commercial
buildings, industrial facilities and institutions, whether
treated or untreated, which is indirectly discharged into, or
permitted to enter, the POTW, together with' any groundwater,
surface water, and storm water that may be present.
3.51 Watercourse_ A natural or man -made channel in
which a flow of water occurs, either continuously or
intermittently.
3.52 State Waters.
(a) The water of the
underflow, and tides of every flowi
stream, lake, and of every bay
Mexico, and the storm water,
rainwater of every' river, natural
ravine, depression, and watershed
the property of the State.
ordinary flow,
ng river, natural
of the Gulf of
floodwater, and
stream, canyon,
in the state is
(b) Water which is imported from any source
outside the boundaries of the State for 'use in the
State and which is transported through the beds and
banks of any navigable stream within the State or by
utilizing any facilities owned or operated by the
State is the property of the State.
3.53 Industrial Wastewater Discharge Permit. As set
forth in Section 6.2 of this Ordinance.
3.54 Abbreviations. The following abbreviations shall
have the designated meanings.
BOD - Biochemical oxygen demand (five day).
CFR - Code of Feaderal Regulations.
COD - Chemical oxygen demand.
EPA - Environmental Protection Agency.
1 - Liter
LEL - Lower Explosive Limit.
3 - Milligrams.
Mg /l - Milligrams per liter (weight to volume).
NPDES- National Pollutant Discharge Elimination
System.
POTW - Publicly Owned Treatment Works.
PL - Public Law.
SIC - Standard Industrial Classification.
SWDA - Solid Waste Disposal Act, 42 U.S.C. 6§01,
et. seq.
USC - United States Code.
TDWR - Texas Department of Water Resources.
TSS - Total Suspended Solids.
SARA - San Antonio River Authority
SECTION 4.-Regulations.
4.1 General Discharge Prohibitions_ No user shall
directly or indirectly contribute or cause to be contribute,
any pollutant or wastewater which will interfere with the
operation 'or performance of the POTW. These general
prohibitions apply to all such users of a POTW whether or not
the user is subject to National Categorical Pretreatment
Standard's or any other National, State; or local Pretreatment
Standards or Requirements. A user -shall not contribute. the
following substances to any POTW:
(a) Any liquids, solids or gases, which by
reason of their nature or quantity are, or may be
sufficient, either alone or by interaction with
other substances, to cause fire or explosion or be
injurious in any other way to the POTW or to the
operation of the POTW. At no time shall two
successive readings on an explosion hazard meter, at
the point of discharge into the system, or at any
other point in the system, be more than five percent
(S %) nor any single reading be over ten percent
(10 %) of the Lower Explosive Limit (LEL) of the
meter. Prohibited materials include but are not
limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ,ethers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates,-
bromates, carbides, hydrides and sulfides and. any
other substances which SARA, the State or EPA has
notified the user is a fire hazard to the system.
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(b) Solid or viscous substances in such
quantities and /or qualities which may cause
obstruction to the flow in a sewer or other
interference with the operation of the wastewater
treatment facilities such as, but not limited to:
grease, garbage with particles greater than one -half
(1/211) in any dimension, animal guts or tissues,
paunch manure, bones, hair, hides or 'fleshings,
entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone or marble dust, metal,
glass, straw, shavings, grass clippings, rags, spent
grains, spent hops, waste paper, -wood, plastics,
gas, tar, asphalt residues, residues from refining
or processing of fuel or lubricatinq oil, mud or
glass grinding or polishing wastes.
(c.) Any wastewater having a BOD of greater
than 200 MG /L, or a TSS level of greater than 200
MG /L. (Note: Under certain conditions SARA may
accept wastewater of a greater strength, subject to
payment of an overstrength surcharge. See Section
5.2, Schedule of Fees.)
.(d) Any wastewater having a pH less than 6.0
or greater than 8.5;' or wastewater having any other
corrosive property capable of* causing inordinate
damage or hazard to structures, equipment, and /or
personnel of the POTW.
(e) Any wastewater containing toxic
pollutants in sufficient quantity, either singly or
by interaction with other pollutants, to injure or
interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a
toxic effect in the receiving stream at the POTW, or
to exceed the limitation set forth in a Categorical
Pretreatment Standard. A toxic pollutant shall
include but not be limited to any pollutant
identified pursuant to Section 307 (a) of the Act.
(f) Any noxious or malodorous liquids, gases,
or solids which either singly or by interaction with
other wastes are sufficient to create a public
nuisance or hazard to life or are sufficient to
physically prevent reasonable safe and /or tolerable
human and /or mechanical entry into the sewers for
inspection, maintenance and repair purposes.
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(g) Any substance which may cause the POTW's
effluent or any other product of the POTW such as
residues, sludges, or scums, to be unsuitable for
normal landfill disposal, land application
reclamation or reuse, or to interfere with the
reclamation process where the POTW is pursuing a
re -use and reclamation program. in no case, shall a
substance discharged to the POTW cause the POTW to
be out of compliance with sludge use or disposal
criteria, guidelines or regulations developed under
Section. 405 of the Act; any criteria, guidelines, or
regulations affecting -sludge use or disposal
developed pursuant to the Solid Waste Disposal Act,
the Toxic Substances Control Act,- the Resource
Conservation and Recovery Act,. or State criteria
applicable to sludge management and/ or disposal
methods being used.
(h) Any substance which will cause the POTW
to violate its NPDES and /or State Wastewater Permit
or the receiving water effluent quality-standards.
(i) Any wastewater with objectionable color
not removed in the treatment process, such as, but
not limited -to, dye wastes, vegeta -ble tanning
solutions, and whole blood.
(j) Any wastewater having a- temperature which
will inhibit biological activity .A An the POTW
treatment plant resulting in interference, but in no
case wastewater with a temperature at the
introduction into the POTW treatment plant which
exceeds 40 degrees centigrade (104 degrees
fahrenheit). Wastewater entering, the collection,
system cannot exceed. 65.5 degrees centigrade (150
degrees fah-renheit) unless the quantity of heated
discharge is of such volume that the total
wastewater temperature at the nearest downstream
manhole does not exceed 40 degrees centigrade (104
degrees fahrenheit).
(k) Any pollutants, including oxygen
demanding pollutants (BOD, etc.) released at a flow
and /or pollutant concentration which a user knows or
should have reason to-know will cause interference
to the POTW. in no .case shall a slug load have a
flow rate or, contain concentration or quantities of
pollutants, that exceed for any time period longer
than fifteen (15) minutes, more than five' (5) times
the average daily concentration, quantities, or flow
during normal operation.
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(1) Any wastewater containing any radioactive
wastes or isotopes of such half life or
concentration -as may exceed limits as permitted by
the most current Federal or State regulations or as
established by the Manager in compliance with
applicable State or Federal regulations.
(m) -Any wastewater which creates• a public
nuisance_ When the Manager determines that a
users) is indirectly discharging to the POTW any of
the above enumerated substances in such quantities
or concentrations so as to interfere with the
operation or performance of the POTW, he shall: 1)
advise the user(s) of the impact of- the indirect
discharge on the POTW; and 2) develop effluent -
limitation(s) . for such user to correct the
interference with the POTW.
4.2 Federal Categorical Pretreatment Standards. After
the promulgation of the Federal' Categorical Pretreatment
Standard for a particular industrial subcategory, and upon
expiration of any compliance grace period, the Federal
Standard, if more stringent than limitations imposed under this
Ordinance for sources in that subcategory, shall supersede and
replace the limitations imposed under this Ordinance for that
particular industrial subcategory. Federal Categorical
Pretreatment Standards that are more stringent than limitations
imposed under this Ordinance for sources in a particular
industrial subcategory, and are already' in existence at the
time this Ordinance becomes- effective, shall also supersede and
replace the limitations imposed under this Ordinance as they
apply to the particular industrial subcategory so regulated.
The Manager shall notify all affected users of the modified
applicable reporting requirements under 40 CFR, Part 403,
Section 403.12.
4.3 Modification of Federal Categorical Pretreatment,
Standards. Where SARA'-s wastewater treatment system achieves
consistent removal of pollutants limited by Federal
Pretreatment . Standards, SARA may apply to the Approval
Authority for modification of specific limits* in the Federal
Pretreatment Standards. "Consistent removal" shall mean
reduction in the amount of a pollutant or alteration of the
nature of the pollutant by the wastewater treatment system to a
less toxic or harmless state in the effluent which is achieved
by the system in 95 percent of the samples taken when measured
according ,to the procedures set forth in 40 CFR, Part 403,
Section 403.7 (c)(2), "General Pretreatment Regulations for
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Existing and New Sources of Pollution" promulgated pursuant to
the Act. -SARA may. modify pollutant discharge limits in the
Federal Pretreatment Standards if the requirements contained in
40 CFR, Part 403, Section 403.7 are fulfilled and prior
approval from the Approval Authority is obtained.
4.4 Specific Pollutant Limitations. No person shall
discharge wastewater containing in excess of the pollutant
limits below. These limits are based on either
flow - proportional or time- proportional composite samples.
NOT TO EXCEED
Daily Grab
Metal Composite Sample
mg /l.arsenic
0.2
0.3
mg /l
barium
2.0
4.0
mg /l
boron
1.0
mg /1
cadmium
0.1
0.2
mg /1
calcium
mg /l
chromium (total)
1.0
5.0
mg /l
copper
-1.0
2.0
mg /l
cyanide (total)
2.5
mg /1
iron
mg /l
lead
1.0
1.5
mg /l
manganese
2.0
3.0
mg /1
mercury
0,.005
0.01
mg /1-
nickel
2.0
3.0
mg /1
PCB
mg /1
Potassium'
mg /l
selenium
0.1
0.2
mg /l
sodium
mg /1
silver
0.1
- 0.2
mg /1
zinc
2.0
6.0
mg /l
free or emulsified
200
oils and grease
Note: Specific pollutant limitations may be adjusted on
a case by case basis, if shown through an engineering study,
submitted by a registered professional engineer, that no
detrimental impact will result to the POTW, its processes or
by-- products.
4.4.1 Other Heav -r Metals. No other heavy metals or toxic
materials may be discharged to the POTW without a permit from
SARA specifying conditions of pretreatment, concentrations,
volumes, and other applicable provisions.
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Prohibited heavy metals and toxic materials
include but are not limited to:
Antimony,
Beryllium,
Bismuth,
i Cobalt,
Molybdenum,
Tin,
Uranyl Yon,
Rhenium,
' Strontium,
Tellurium,
Herbicides,
F Fungicides, and
Pesticides.
F
4.5 Storm Water and Other Unpolluted Drainaae.
(a) No person may discharge to public
sanitary sewers
(1) unpolluted storm water, surface
water; groundwater, roof runoff or
subsurface drainage;
(2) unpolluted cooling water;
(3) unpolluted industrial- process
waters; or
(4) other unpolluted drainage.
! (b) In compliance with the Texas Water
Quality Act and other statutes, SARA may designate
storm sewers and other watercourses into which
unpolluted drainage described in subsection (a) of
this- section may be discharged.
4.6 State Requirements. State specific pollutant
requirements and limitations, if any, on indirect discharges
shall immediately supersede and replace the requirements and
limitations imposed by this Ordinance when the State
j requirements are more stringent than either the Federal or SARA
standards and requirements.
4.7 SARA`s Right of Revision. SARA reserves the right
to amend this Ordinance at any time to establish more stringent
specific pollutant limitations or requirements on indirect
discharges to the Wastewater System if deemed necessary by SARA
to protect the POTW processes or to cure or prevent an effluent
quality problem in treated wastewater and /or resulting
sludges. SARA reserves the right to amend this Ordinance to
comply with the general objectives and purposes presented in
Section 2 of this Ordinance.
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4.8 Prohibition of Dilution. No user shall ever
increase the use of process water, unpolluted water, surface
water or storm water or in any other way attempt to dilute
either a direct or indirect discharge as a partial oL complete
substitute for adequate treatment to achieve compliance with
the specific pollutant limitations contained in the Federal
Categorical Pretreatment Standards, or in any other specific
pollutant limitations promulgated by SARA and /or State and
incorporated in this Ordinance.
4.9 Accidental Discharges. Each user shall provide
protection from accidental discharge of prohibited materials or
other substances regulated by this Ordinance. Facilities to
prevent accidental discharge of prohibited 'materials shall be
provided and maintained at the owner or user's own cost and
expense. - Detailed plans showing facilities and operating.
procedures to provide this protection maybe required to be
submitted to SARA for review, and shall be approved by SARA
before construction of- the facility. No user whb commences
contribution to the POTW after the effective date of this
Ordinance shall be permitted to introduce pollutants into the
system until accidental discharge- procedures have been approved
by SARA. Review and approval of such plans and operating
procedures shall not relieve the industrial user from the
responsibility to modify the user's facility as necessary to
meet the requirements of this ordinance. In the case of an
accidental discharge, it is the responsibility of the user to
immediately telephone and notify the Manager of the incident..
The notification shall include the time and location of the
discharge, type of waste, concentration and volume,- and
corrective actions taken.
4.10 Written Notice. within five (5) working days
following an accidental discharge, the user shall be required
to submit to the Manager or his designated representative, a
written letter report describing the cause of the discharge and
the measures to be taken by the user to prevent similar future
occurrences. such notification shall not relieve the user of
any expense, loss, damage, or other liability- which may be
incurred as a result of damage to the POTW, the environment, or
any other damage to person or property; nor shall such
notification relieve the user of any fines, civil penalties, or
other liability which may be imposed by this ordinance or other
applicable law. Failure to notify the Manager of an accidental
discharge may result in legal action or discontinuation of
service.
4.11 Notice to Employees_
to insure that all appropriate
notification procedure to be used
discharge.
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Employers shall take measures
employees be advised of the
in the event of an accidental
SECTION 5 Fees.
5.1 Purpose. It is the purpose of this section to
provide for the recovery of costs from users of SARA's
wastewater disposal system for the implementation and continued
operation of the program established herein.
5.2 Schedule of Fees. The .fees will consist of four
(4) basic charges. These include: a permit fee required of
all Industrial users; a. sampling fee -to be levied at the time
of sampling; an analysis fee to recover the costs of sample
analysis; and, where applicable, an overstrength surcharge.
fee. The fee schedule will be attached to and become part of
the Industrial Wastewater'Discharge Permit_ '(See Appendix A)
SECTION 6 Administration.
6.1 Wastewater Discharges. It shall be unlawful to
indirectly discharge any industrial wastewater into the
Wastewater. System (POTW included therein) without first
applying for and receiving a permit to do so. This rule shall
apply except when the Manager or this Ordinance specifically
authorizes an indirect discharge in full accordance with other
provisions, of this Ordinance..
6.2 Industrial Wastewater Discharge Permit.
6.2.1 Permit Application. Users required to obtain an
Industrial Wastewater Discharge Per -mit shall complete and file
an application with SARA 'on a form prepared by SARA. The
information requested may include the following items-
(a) Name(s), address(es), and location(s);
(b) SIC number according to the Standard
Industrial. Classification Manual, 1972, Bureau of
the Budget, as amended;
(c) The nature" and concentration of any
pollutants in the discharge which are limited by
SARA, State or Federal Pretreatment Standard, as
determined by a Registered Professional Engineer;
sampling and analysis shall -be performed in
accordance with procedures established by the EPA
pursuant to Section 304 (g) of the Act and contained
in 40 CFR, Part 136, as amended;
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(d) Time and duration of contribution;
(e) Average daily and peak wastewater flow
rates, including - daily, monthly and seasonal
variations if any;
(f) Site plans, floor plans, mechanical and
plumbing plans, and details. to show all sewers,
sewer connections, and appurtenances by the size,
location and elevation;
(g) Description of activities, facilities and
plant processes on the premises including all
materials which are, or could be discharged;
(h) Each product by type, amount, process or
processes and rate of production;
(i} •Type and, amount of raw materials
processed (average and maximum per day);
(j) Number and 'type of employees, and hours
of operation of plant and, if required in 'accordance
with other provisions herein, the proposed or actual
hours of operation :of pretreatment system;.
(k) Any other relevant information as may be
deemed by SARA to be necessary to evaluate the
permit application, or as required under Section 6.5
of this Ordinance.
6.2.2 Permit Modifications. Upon the promulgation of an
applicable- Categorical Pretreatment Standard, the Industrial
Wastewater Discharge Permit of users subject to such Standards
shall be revised to require compliance with such Standard
within the time frame prescribed by such standard. Where a
user becomes subject to an applicable Categorical Pretreatment
Standard, and has not previously submitted an application for
an Industrial Wastewater Discharge Permit as required by 6,2.1,
the user shall apply for an Industrial Wastewater Discharge
permit within 160 flays after the promulgation of the applicable
Categorical Pretreatment Standard but shall also comply with
such Standard within the time frame prescribed by such Standard
regardless of local permit issuance schedule. In addition, the
user with an existing industrial Wastewater Discharge Permit
shall submit to the Manager within 180 days after the
promulation of an applicable Categorical Pretreatment Standard
the information required by paragraphs (a) through (c) and (k)
of section 6.2.1. The Manager reserves the right to modify
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1 /
existing. permits _when in his judgment such modifications will
protect the health and safety interests of the users of the
POTW_ Changes._'of occupancy, ownership or operations of a
permitted business shall be reported to the Manager within
thirty ('30) days of such an occurrence and the user must
further comply with Section 6,2.5 contained herein_
6.2.3 Permit Conditions_. Industrial Wastewater Discharge
Permits shall, be expressly subject to all provisions of this
Ordinance and all other applicable State and Federal
regulations, as well as the user charges and fees established
by SARA. permits may contain the following:
(a) The unit charge or schedule of user
charges and fees for the wastewater to be discharged
to a Wastewater System ;'
(b) Limits on the average and maximum
wastewater constituents and characteristics;
(c) Limits on average and maximum .rate and
time of discharge or requirements for flow
regulations and equalization;
(d )- Requirements for installation and
maintenance of inspection and sampling facilities,
including technical data relative to location,
slope, and capacity of piping used in. the sampling
facility or discharge point;
(e) Specifications • for monitoring programs
which may include the number of sampling locations,
frequency of sampling, number, types and standards
for tests and reporting schedule;
(f) Compliance schedules;
(g) Requirements for submission of technical
reports or discharge reports;
(h) Requirements for maintaining and
retaining plant records relating to wastewater
discharge 'as specified by SARA and affording SARA
access thereto;
(i) Requirements for reporting the
introduction of any* new wastewater constituents or
any substantial change in the volume or character of
the wastewater constituents being introduced into
the Wastewater System; (See Appendix C)
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(j) Requirements for reporting slug
discharges as per the provisions of this Ordinance;
(k) Other conditions as deemed appropriate by
SARA to ensure compliance with Ordinance.
6.2.4 Permit Duration. Permits shall be issued for a
specified time period, not to exceed five (5) years. A permit
may be issued for -a period of less than a year or may be stated
to expire on a specific date. The terms and conditions of the
permit are subject to modification by SARA during the term of
the permit as limitations or requirements as identified in this
Ordinance are modified or other just cause exists that warrants
modification. The user shall be informed of any proposed
changes in his 'permit prior to . the effective date of . the
proposed change. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
6.2.5 Permit Transfer. Industrial Watewater Discharge
Permits-are issued -to a specific user for a specific operation
at a specific location. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new
user, di- fferent premises, or a new or changed operation without
the prior approval of SARA.
6.2.6 Waste Haulers Permit. Wastewater Discharge Permits
for waste haulers will be issued in accordance with the
provisions of this Ordinance. All waste haulers will discharge
into a manhole at a designated treatment plant .site_ No
off -site discharges will be permitted.'
6.3 Monitoring Facilities. The. Wastewater System may
require monitoring facilities that allow inspection, sampling,
and flow measurement of the discharge point and /or internal
drainage systems located on private property. These facilities
shall be provided by the user and operated at the user's
expense. The monitoring facility should normally be situated
on the user's premises, but SARA may, when such a location
would be impractical or cause undue hardship on the user, allow
the facility to be constructed in the public street or sidewalk
area and located so that it will not create a public safety
hazard nor be obstructed by structures, landscaping or parked
vehicles.
There shall be ample room. in or near such sampling
manhole or facility to safely allow for inspection personnel to
position sampling equipment and prepare field samples for
analysis.
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Whether constructed on public or private property,
,the sampling and monitoring facilities shall be provided in
accordance with the wastewater System requirements ar.•d all
applicable local construction standards and specifications_
6.4 Inspection and Sampling_ SARA shall inspect the
facilities of any user to ascertain whether the purpose of this
Ordinance is being met and all requirements are being complied
with.. Employers and employees of premises where industrial
wastewater is generated or discharged shall allow authorized
SARA representatives displaying proper identification ready
access to the premises at all reasonable times for the purpose
of: inspecting wad'�.ewater generating operations and processes;
wastewater flow monitoring and sampling; and examination of
business records pertinent to wastewater volume and quality.
Where a user has safety and /or security measures in force which
require user issuance of special safety equipment and /or proper
identification and clearance before allowing entry into their
premises, the user shall make necessary arrangements with their
security guards' or similar personnel, so that upon presentation
of suitable identifications, personnel from SARA, the State, or
EPA will be permitted to enter, without delay, for the purpose
of performing resporlsibiliti . es reasonably associated with those
stated above and reasonably required to accomplish the purposes
and objectives of this Ordinance.
Concentration and constituent analysis of wastewater from
samples collected from any industrial user may be determined by
SARA or its authorized agent, a Registered Professional
Engineer contracted by the discharger, or by any other
qualified party approved by SARA. 'If the discharger elects to
contract with, a Registered Professional Engineer for sampling
and analysis of wastewater, the report submitted should contain
a statement that the samples collected and values determined
are based on daily composite sampling representative of the
establishment's flow. The volume of wastewater may be
determined by methods similar to those typically used to
calculate the monthly general service customer sewer service
charge.
6.5 Pretreatment. Users shall provide necessary
wastewater treatment as required to comply with this Ordinance
and to achieve compliance ' with all Federal Categorical
Pretreatment Standards within compliance schedule requirements
as specified by the Federal Pretreatment regulations. Any
facilities required to pretreat wastewater to quality standards
required by SARA or Approving Authority shall be provided,
operated, 'and maintained at the user's expense. Detailed plans
showing the pretreatment facilities and an outline of the
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pretreatment facility operating procedures shall be prepared by
a Registered Professional Engineer and submitted to the Manager
for review. All plans shall be approved by the Manager before
construction of the facility. The user shall insure that
donstruction of said treatment facility is accomplished within
the time period specified by SARA. A schedule for completion
with periodic progress reports may be required. The review of
such plans and operating procedures will in no way relieve the
user from the responsibility of modifying the facility as
necessary to produce an effluent acceptable to SARA under the
provisions of this Ordinance.- Any subsequent changes in the
pretreatment facilities or their method of operation shall be
reported to and be reviewed for approval by the Manager prior
to the user's initiation of the changes. All records relating
to compliance with' Pretreatment Standards shall be "made
available to officials of SARA, the EPA or the State of Texas
upon request and shall be retained by the user for a- minimum of
three (3) years or until, any ongoing litigation involving the
pretreating user, and related to compliance with this
Ordinance, has been resolved.
6.5.1 Initial Compliance Report. Within thirty (30) days
following the initial date required pretreatment facilities are
operational or, required modification of production processes
affecting the quality of wastewater discharge are complete, or,
in - the case of a new source, the commencement of the
introduction of wastewater into the POTW, any user subject to
Pretreatment Standards and Requirements shall submit to the
Manager a report indicating the nature and. concentration of all
pollutants in the discharge from the regulated process which
are limited by Pretreatment Standards -and Requirements. The
report will include average and maximum daily flows -for these
process units in the user facility which are limited by such
Pretreatment Standards or' Requirements. The report shall state
whether the applicable Pretreatment Standards or Requirements
are being met on a consistent basis and, if not, what
additional operation and maintenance and /or pretreatment is
necessary to bring the user into compliance with the applicable
Pretreatment Standards or. Requirements.- This. statement shall
be signed by an authorized .representative of the industrial.
user, and certified by a Registered Professional Engineer. For
industrial users not falling under categorical Standards,
certain reporting requirements may be modified as deemed
appropriate.
6.5.2 Periodic Compliance Reports.
(1) Any user subject to a Categorical Pretreatment
Standard requiring pretreatment facilities shall, in accordance
With 40 CFR, Part 403, submit to the Manager brief reports
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indicating the nature and concentration of pollutants in the
effluent which are. limited by such Pretreatment Standards.
These brief reports will be submitted at least twice annually
or as required by the Manager. in addition, these reports
shall include a record of all daily flows which during the
reporting period exceeded the average daily flow reported by
the user in the application as described in Sections 6.2.1 (e)
and 6.2.3 (c) of this ordinance. At the discretion of the
Manager. and in consideration of such .factors as local high or
low flow rates, holidays, budget cycles, etc. the Manager may
agree to alter the months during which the above reports are to
be submitted.
(2) The Manager may impose mass limitations on
users, which become a part of the permit, in cases where the
imposition of such mass Limitations are appropriate. In such
cases, the report required by subparagraph 6.5.2 (1) shall
indicate the mass• of pollutants in the effluent of the user
regulated by Pretreatment Standards. Mass limitations are
expressed for a pollutant in terms of the permissible mass
discharge in pounds or kilograms per day or, in pounds or
kilograms per unit measure 'of product produced by the
industrial, process being regulated: These reports shall
contain the results of sampling and analysis of the discharge,
including the flow, nature, and concentration., or production
and mass where requested by the Manager, of pollutants
contained therein whichh are limited by ' the applicable
Pretreatment Standards. The frequency of monitoring shall be
prescribed in the Industrial Wastewater Discharge Permit or in
the applicable Pretreatment Standard. All analyses shall be
performed in accordance with procedures established by the
Administrator pursuant to. Section 304 (g) of the Act and
contained in 40 CFR, Part 136 and amendments thereto or with
any other test procedures. approved by the Administrator.
Sampling shall be performed in accordance 'with techniques
approved by the Administrator-.
6.6 Confidential Information. User information and
data obtained from reports, questionnaires, permit application,
permits, and monitoring programs and from inspections shall be
available to SARA, TDWR and EPA without restriction. Regarding
distribution of the above described information to other
interested parties, including the general public; unless the
user specifically requests and is able to demonstrate to the
satisfaction of SARA that the release of such information would
divulge information, processes or methods of production
entitled to protection as trade secrets of the user, the
information will be made available to the public.
-23-
When requested by the person furnishing a .report,
the portions of a report which might disclose trade secrets or
secret processes shall not be made available for inspection by
the public but shall be made available, upon written request,
to TDWR and EPA for uses related to this Ordinance, the
National Pollutant Discharge Elimination System (NPDES) Permit,
State Disposal System permit anal /or the Pretreatment Program;
provided, however, that such portions of a report shall be
available for use by the State or EPA in judicial review or
enforcement proceedings .involving the person furnishing the
report. Wastewater constituents and characteristics will not
be recognized as confidential information.
SECTION 7. Enforcement.
7.1 Dangerous Discharges. The Manager may unilaterally
order the suspension of water and /or wastewater services(s) to
any user in order to prevent or eliminate an indirect discharge
which would in his , judgment, cause imminent, serious
endangerment to the environment,. significant interference with
the POTW, or violations of SARA's NPDES permit conditions.
Concurrent with ordering such a suspension, the
Manager- shall issue a brief written letter report containing
information and investigative data upon which the Manager
relied in ordering the suspension of- service(s). A copy of
this report will be expeditiously. forwarded to the affected
user(s).
T'he' Manager shall order reinstatement of any
discontinued water and /or - wastewater service(s) upon
presentation to him by- the user of written registered
professional engineering proof or' other written proof
acceptable to SARA that the dangerous discharge has been
eliminated and that recurrence is not possible.
Cost incurred by SARA or its agents in detecting,
investigating, monitoring, measuring and eliminating the
dangerous discharge, along with any disconnect and reconnect
fees, shall be reimbursed to SARA by the user(s) responsible
for the dangerous discharge. Any property damages to the' POTW
or its appurtenant structures resu -lting from the dangerous
discharge shall also be borne by the user(s) responsible for
the dangerous discharge.
Because of the urgent public need to immediately
abate such dangerous discharges, the affected user is not
afforded an administrative review hearing before the Board of
Directors prior to the Manager ordering suspension of water
-24-
and /or wastewater service(s). Subsequent to an order -to
suspend service(s), -the Manager shall issue a notice of alleged
violation to the affected user in accordance with Section 7.2
below. This action will afford the affected user' an
opportunity for administrative procedural review of an alleged
violation of this Ordinance and /or and Industrial Wastewater
Discharge Permit. .
7.2 Notice of Alleged Violations. Whenever the Manager
believes that a user has violated or is violating this
Ordinance and /or an Industrial Wastewater Discharge Permit, the
Manager or his designated representative may serve (either
personally or by registered or certified hail return receipt
requested) upon such user a written notice stating the nature
of the alleged violation. The recipient of an alleged
violation notice must respond in writing to_the Manager or his
designated representative within fifteen (15) working days of
the mailing date or personal delivery date of such notice.
7.3 . Response by User to Notice of Alleged Violation.
The user' responding to receipt of an alleged violation notice
shall file written response in substantially one of the two
following forms:
7.3.1 Should the user admit his or her responsibility for
the alleged violation, the user must submit a letter report to
the Manager.
If the nature of the violation of either the permit
or this Ordinance involves an administrative or procedural
noncompliance, the letter report shall contain information
regarding corrective measures and time schedules the user has
adopted to assure expeditious compliance.
7.3.2 Should the user deny his or her responsibility for
the alleged violation, the user must .submit a letter report to
the Manager.
Regardless of the nature of the alleged violation
(be it substantive regarding specific discharge(s) of
industrial waste, or administrative or procedural) the letter
report may request an administrative hearing before the Board
of Directors to address the alleged violation.
In the alternative, the user may waive his or her
right to an administrative hearing before the Board of
Directors and defend against any legal action taken by SARA in
the appropriate court of jurisdiction.
_25_
Within ten (10) working days of the receipt by the
Manager of any written request for a hearing, the Manager or
his designated representative shall respond in writing to the
user notifying the user of the date, time, and location of the
hearing. All hearings shall take place within- thirty (30)
working days of the receipt by the Manager of the written
request for such hearing.
7.3,3 Should the recipient of an alleged violation notice
fail to respond in writing to the Manager within the fifteen
(15) working days response period as outlined above in 7.2,
7.3, 7.3.1, 7.3.2, the recipient user is deemed to have waived
his or her right to request an administrative hearing before
the Board of Directors and may be sued or prosecuted for the
consequences of the violation cited in the notice of alleged
violation at a legal proceeding in the appropriate municipal,
county, district, or federal court.
7-.4 Board of Directors Hearing. The purpose and intent
of the Board hearing process is to afford a user requesting the
hearing a non- litigative forum at which alleged Ordinance or
Permit violations may -. be reviewed and /or resolved. The Board
of Directors may issue' notices requesting the. attendance and
testimony 'of -witnesses and experts familiar with alleged
violations. The Board may also call for the production of
evidence relevant to the alleged violation. At the hearing, a
majority of the Board of Directors shall receive evidence and
testimony from both SARA staff and the user in both written and
oral form. At the conclusion-of the hearing the Board members
present shall prepare a -• summary report of the proceedings
addressing topics such as: - suggested enforcement or legal
actions, if any; compliance schedules; proposed amendments or
modifications to either the Industrial' Waste Ordinance or an
I- ndustrial Wastewater Discharge Permit; discontinuance of-'
wastewater services; changes in administrative or enforcement
staff procedures; suggested pretreatment facilities for a user
or class of user; etc.
7.5 Legal Action_ In spite of any other provisions
contained in this Ordinance, SARA reserves the .tight to a.t any
time seek legal and /or equitable remedies against any person or
corporation allegedly violating this Ordinance, the provisions
of an Industrial. Wastewater Discharge Permit, and /or Federal, or
state laws governing water duality and industrial wastewater
pretreatment. A legal proceeding prosecuted under this
Ordinance does not constitute a waiver by SARA of f -any right
SARA may have to join in a legal action originating from some
alternative source of law.
-26-
The SARA staff may commence
appropriate legal and /or equitable relief
proper jurisdiction upon authorization
Directors to do so.
SECTION 8 Penalties and Costs.
such actions for
in courts having
by 'the Board of
8.1 Civil Penalties_ Any user who is found guilty in
the Municipal Court of the City in which a violation of this
Ordinance or an Industrial. Wastewater - Discharge Permit occurs,
or by the Justice of the Peace of the Precinct in which a
violation .occurs shall be assessed a fine not to exceed $200.00
dollars for each offense. Each day on which a violation shall
occur or continue shall be deemed a separate and distinct
actionable offense. In addition to the penalties provided for
herein, SARA may seek recovery in a court of competent
jurisdiction for any actual damages to the- POTW. Damages to
the POTW specifically include contamination of sludges,
residues, or of SARA's designated sludge disposal area which
result from unauthorized discharge into the POTW; and SARA may
seek recovery of all costs associated with special handling and
disposal procedures required to comply with Section 405 of*the
Act, the Toxic Substances Control Act, the Solid Waste Disposal
Act (SWDA),- Texas Department of Health and Texas Department of
Water Resources sludge management regulations which become
Applicable as a result of such contamination. SARA may also
seek reasonable attorney fees, court costs, and other expenses
of litigation along with all other relief, both in law and in
equity, to which it might be entitled.- Additional recoveries
and relief in law and/or equity under existing Federal or State
law are not precluded by- specific recoveries obtained by SARA
under this Section of the Ordinance.
8.2 Falsifyinct Information. Any person who knowingly
makes any false statements, representations or certifications
in any industrial wastewater discharge permit application,
record, report, plan or other document filed with _SARA or
required to be maintained pursuant to this Ordinance, or the
Industrial 'Wastewater Discharge Permit; or who tampers with, or
knowingly
renders inoperable any
monitoring device;
or who
falsifies
records required to
be kept pursuant
to this
Ordinance;
shall, upon conviction,'
be punished by a fine not to
exceed $200.00
dollars.
SECTION 9.
Severability.
9.1
If any word, phrase,
clause, paragraph,
part of
provision
-of ' this Ordinance or its subsections
or the
application
thereof to any person or
circumstance shall
be held
-27-
S,
7
to be invalid or unconstitutional, the remainder of that
subsection and of this Ordinance shall nevertheless be valid,
and the Board of Directors hereby declares that that subsection
would have been enacted without such invalid, or
unconstitutional word, phrase; clause, paragraph, part or
provisio.n.
SECTION 10. Conflict.
All other - Ordinances and parts of. other Ordinances
inconsistent or conflicting with any part of this Ordinance are
hereby repealed to the extent of such inconsistency or conflict.
PASSED AND APPROVED this, the 15th day of May, A.'D., 1985.
Ceci"Wain, Chairman
Fr ' -W: LORENG sec etary
- " 1., ,.11',1 •`•�, "
-28-
to be invalid or unconstitutional, the remainder of that
subsection and of this Ordinance shall nevertheless be valid,
and the Board of Directors hereby declares that that subsection
would have been enacted without such invalid, or
unconstitutional word, phrase; clause, paragraph, part or
provisio.n.
SECTION 10. Conflict.
All other - Ordinances and parts of. other Ordinances
inconsistent or conflicting with any part of this Ordinance are
hereby repealed to the extent of such inconsistency or conflict.
PASSED AND APPROVED this, the 15th day of May, A.'D., 1985.
Ceci"Wain, Chairman
Fr ' -W: LORENG sec etary
- " 1., ,.11',1 •`•�, "
-28-
ACKNOWLEDGEMENT OF CHAIRMAN
STATE OF TEXAS
COUNTY OF BEXAR
BEFORE ME, the undersigned authority, on this- day
personally appeared CECIL W. BAIN, Chairman of the Board of
Directors of the SAN ANTONIO RIVER AUTHORITY, a political
subdivision of the State of Texas; known to me to be the person
and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same
for the purposes and cons ideration' therein- expressed, in the
capacity therein stated, *and as the act and Deed of said
political subdivision.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
of A. D.
' � `',}1111 u'••.
Notary Public in and for
the State of Texas
My commission expires on:
Ino
i
CERTIFICATE OF SECRETARY
SAN ANTONIO -RIVER AUTHORITY
San Antonio, Bexar County, Texas
X hereby certify the above to be a duplicate original of
the record in the matter of the adoption of Ordinance No. 0 -805
and of the Ordinance as officially promulgated and on file in
the Ordinance Book of this office, and I further certify that
said Ordinance was adopted by the Members- of -said Board
by :I e/-K- ( to ) affirmative votes, 2:�/'-t.4 ( 0 -)
negative votes, and T UJ-0 ( '),,) not voting,-0 at a Regular
Meeting of the Board of Directors of said, Authority held on
the ( *4-1- day of -A. D. , /,. at
San- Antonio, Bexar County, Texas.
IN TESTIMONY WHEREOF, witness- my hand and the official
seal. of the SAN ANTONIO RIVER AUTHORITY at San Antonio, Bexar
County, Texas, on this the of ,
W. 7
COREN Seam
-30-
EXHIBIT C
Wholesale Customer Charge Schedule
1.
Single Family Residential - For each single family residential unit connected to the
Customer's local wastewater facilities, the Customer shall pay the following:
$8.99 Fixed Charge plus $4.81/1,000 gallons of Winter Average
Water Consumption per month. The winter average water
consumption is defined as the computed average of the monthly
metered water consumption for three consecutive billing periods
that fall wholly within the prior winter's season between November
15 and the following March 15. Where the account has not
established a winter average, the Customer's representative winter
average shall be used.
Fixed Charge - includes a payment for the debt of the system plus
a computed capital replacement charge used to reduce the need for
future system debt for capital projects.
Winter Average Water Consumption - This part of the charge
based on winter average water consumption is waived when the
unit is vacant.
2. All Other Users - For all other users, not single family residential units, connected to the
Customer's local wastewater facilities, the Customer shall pay the following:
$6.44/1,000 gallons of metered water consumption each month.
Regulatory Assessment Fee — The Texas Regulatory Assessment Fee of one -half of one
percent as established by Ordinance No. 0 -955, passed and approved September 18, 1991,
is hereby ratified, confirmed and carried forward.
EXHIBIT C 1 -4
EXHIBIT C
Schedule of Connection Fees (Impact Fees)
(Wholesale System Connection Fees (Impact Fees): Connection Fees (Impact Fees) for
the River Authority's wholesale system are hereby established in the following
multiples of one (1) Equivalent Dwelling Unit, which connection shall have a value
of $3,250. The required fee shall be computed by multiplying the value of one (1)
Equivalent Dwelling Unit by the appropriate multiplier from the following list.
Where the list is ambiguous or otherwise fails to properly cover a request for sewer
connection, a connection fee (impact fee) consistent with those listed shall be
established by mutual agreement of the River Authority and the wholesale
Customer, and thereafter disclosed to the applicant.
TYPE OF CONNECTION
MULTIPLIER
Single family residence
1
Swimming pool
.2
Multi - family residential, including
townhouses, condominiums, duplexes,
etc. (per dwelling unit)
1
Apartments
.6
Hotels /motels with cooking facilities
in room (per dwelling unit)
.6
Hotels /motels without cooking
facilities in room (per dwelling unit)
.33
Trailer /mobile home parks (per trailer
lot /space
1
Camper campgrounds (per camper
site)
.33
Hospital (per design bed)
.66
Nursing /rest home (per design bed)
.33
School with showers (per design
student)
.066
School without showers (per design
student)
.05
EXHIBIT C 4 -4
DIAMETER OF SERVICE
LINE
4"
657
o O!9
Service station
1X
2X
4X
Swimming pool (commercial)
1X
2X
4X
Office bldg. retail &
convenience stores
1X
2X
4X
Bowling alley
1X
2X
4X
Theater, drive -in theater
1X
2X
4X
EXHIBIT C 4 -4
Factory, industry — see also
paragraph I (b) hereof
1X
2X
4X
Spectator stadium
1X
2X
4X
Church
1X
2X
4X
Restaurant
2X
4X
8X
2. Policy for Payment of Connection Fees (Impact Fees):
(a) The Customer shall certify to the River Authority, on forms to be provided by the
River Authority, the connection or connections that it desires to make to its local
wastewater facilities. Simultaneously, the Customer shall tender to the River
Authority its payment of all the connection fees (impact fees) for which
certification has been made.
(b) Upon acceptance of the Customer's certificate and payment, the River Authority
shall issue its permit or permits to the Customer authorizing the making of the
physical connection or connections.
Remedy for Failure to Pay Connection Fees (Impact Fees):
In the event that the Customer should permit a service line of any classification to be
connected to its local wastewater facilities without payment of the appropriate connection
fee (impact fee) to the River Authority, the River Autority shall be entitled to liquidated
damages in the amount of One Hundred Dollars ($100) for any such unpaid connection fee
(impact fee) in addition to the appropriate fee itself.
4. Balance Due Policy:
Full payment of appropriate connection fees (impact fees) shall be made for all connections
for which application is made on or after the date execution of the agreement. Where only
a portion of the wastewater connection fee (impact fee) has previously been paid to secure
conditional connection approval, the balance due shall be the difference between the
amount paid and the connection fee (impact fee) in effect at the time the balance is paid.
EXHIBIT C 4 -4