HomeMy WebLinkAbout1987-0641743L
NO Z' CO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT
PROVIDING FOR WASTEWATER SERVICE BETWEEN THE CITY OF DENTON AND
THE TOWN OF HICKORY CREEK, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the City Council of the City of Denton, Texas, approves
the contract attached hereto, between the City of Denton and the
Town of Hickory Creek providing for wastewater services
SECTION II
That the City Council authorizes the Mayor to execute, on
behalf of the City, the contract herein approved
SECTION II
That this ordinance shall become effective immediately upon
its passage and approval /f
PASSED AND APPROVED this the day of (.tYl/lL1/ , 1987
RAY S E {ENS MAYOR
CITY F DENTON, TEXAS
ATTEST
w
JE R L :RS
AC G CI SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY �,Mn
t f
s IIi9x 4i F i , { e 'xi
tia � r �4 t ti 1
Ll
�h ai ax let Ott
s iEt
lit
t i t x tx kli( < f
{I r .09t
r FAt} It
ij
1k
t it ,all
li' Itlt 1 I 1
5! tar
f{4
it
f�it9
EVI �
" ;"14` s t 1
+t {
� IA if4 { t si t
t
� `f
FIB �l},§
ii r S
rcr@ }
41 €u V"
P�iC-1irE Ia 1 Lit
1 y{ 9
t
IT
i
1
S 1
li
S
I
Ix
!
�x
1
r� L
>{ it
I
jF
11 f
k
t
�
t
I; I
r1 I
It t
df
I 1
II1 _ J
I '
l{ a 7
I {x ttf
1
I
1
I
p
Irf h
E[�a
1
1 1
j t
�I
}
g >wl
FI r {
I
f
Ji Is x i
E�
1
tx
I
} I
eCC
� r
1�
t pI
i Itt
1
E fi {1
t
I{ fF ! r
r'
t
1
1 fl I It
I
I
! I
r!l
ii}
i
a
I !,
I f I ! Irf I
I it
r
L
1 1
1
1
1 S 7a
i � I
i
![t
I t y3 f
I a
V L ,
� 4
1 ll
V I}i
i
,
{ 1
f { 3 1
! It
1 ! y t}
t1 I
{I I,
1 I
I 1 I s
1
I LIII
if
'I L
t i
It �_ir 1
r t "
1
1 i
t
+ I I
1
I k
I
t
A
WASTEWATER SERVICE CONTRACT BETWEEN
THE CITY OF DENTON AND THE TOWN OF HICKORY CREEK
TABLE OF CONTENTS
PAGE
A WASTEWATER SERVICE PROVISIONS
1 Definitions
1
2 Master Plan and Inventory
2
3 Collection, Delivery and Discharge Facilities
3
4 Service Area and Quantity
3
5 Metering
4
6 Wastewater Quality
5
7 Rates Charged
8
8 Payment
10
B GENERAL PROVISIONS
9 Effective Date 11
10 Term 11
11 Notice and Agents 11
12 Termination and Suspension 12
13 Liability 13
14 Severability 13
15 Assignment 13
16 Entire Agreement, Modification 13
17 Headings 13
C EXHIBITS
1743L
THE STATE OF TEXAS S
COUNTY OF DENTON S
WASTEWATER SERVICE CONTRACT
BETWEEN THE CITY OF DENTON AND
THE TOWN OF HICKORY CREEK
WHEREAS, the City of Denton owns and operates a wastewater
collection, treatment, and disposal system, and,
WHEREAS, in order to protect the area watersheds from the
potentially detrimental effects that may occur by the
development and use of small and inefficient wastewater
treatment facilities, Denton encourages the cooperative use of
its facilities to serve as a regional wastewater treatment and
disposal system, and,
WHEREAS, because of increasing development within and
adjacent to the Town of Hickory Creek, the City Council of
Hickory Creek has determined that it is necessary to provide for
a wastewater collection system, and,
WHEREAS, Denton and Hickory Creek believe it would be in the
interest of both to enter into a contract to provide for the
treatment by Denton of the wastewater collected from the Hickory
Creek wastewater system,
NOW, THEREFORE, the CITY OF DENTON and the TOWN OF HICKORY
CREEK, municipal corporations located in Denton County, Texas,
agree as follows
A WASTEWATER SERVICE PROVISIONS
1 DEFINITIONS
1 1 Definition of Terms The words used in this Contract shall,
unless the context clearly indicates otherwise, have the follow-
ing meanings
(a) "Denton" means the City of Denton in Denton County,
Texas
(b) "Hickory Creek" means the Town of Hickory Creek in
Denton County, Texas
(c) "Point of Entry" means the place, whether one or more,
at which wastewater from the Hickory Creek System is
delivered to the Denton System, as shown in Exhibit A
(d) "SUO" (Sewer Use Ordinance) means Ordinance No 82-39,
as enacted by the City Council of Denton and codified as
Article VIII of Chapter 25 of Denton's Code of
Ordinances, providing for the regulation of wastewater
discharges into its System, or any amendments made
thereto
(e) "System" means the properties and facilities used for
receiving, transporting, treating or disposing of
wastewater
(f) "Waste" means the rejected, unutilized, or superfluous
substances in liquid, gaseous, or solid form resulting
from domestic, agricultural, business, or industrial
activities
(g) "Wastewater" means the water -carried wastes which are
received or discharged into the System
2 MASTER PLAN AND INVENTORY
2 1 Master Plan Prior to the effective date of this Contract,
Hickory CreecF_ shall furnish Denton a written Wastewater
Facilities Master Plan ("Plan") The Plan shall contain the
information required by Exhibit B, attached hereto and
incorporated herein by reference The Plan shall be revised and
submitted to Denton with the most recent information required by
Exhibit B, no later than the end of every successive five year
period during the term of this Contract
2 2 Inventor of S ecified Users So that Denton may insure the
continue a 1cIent operation of its System and provide
continued service throughout the term of this Contract, Hickory
Creek shall, within thirty days of the end of Denton's fiscal
year during each year of this Contract, provide to Denton, in
writing, the following
(a) The maximum number of "industrial/commercial users," as
defined by the SUO, served at any one time by the
Hickory Creek System during the previous year
(b) The name and location of each "major industrial/
commercial user," as defined by the SUO, served at any
one time by the Hickory Creek System during the previous
year
PAGE 2
3 COLLECTION, DELIVERY AND DISCHARGE FACILITIES
3 1 S stem Facilities Hickory Creek shall construct, install,
or otierl wise provide and pay for, at its expense, the System
necessary to collect, transport, and deliver all wastewater from
its Service Area to the Point of Entry
3 2 Required Service Connections Hickory Creek shall, as a
condition o connecting any person to its water supply system
through which water is supplied under contract by Denton,
require the person to connect to its System as required by
section 25-150 of the SUO
3 3 Control Manholes If requested by Denton, Hickory Creek
shall construct, install, and maintain one or more suitable
control manholes at places designated by Denton, so as to allow
Denton to adequately monitor and sample the wastewater received
from Hickory Creek The control manholes shall be so
constructed and located, as specified by Denton, so as to allow
Denton to have unrestricted access at all reasonable times
3 4 Conveyance to Point of Entry It shall be the sole
responsibility of Hickory Creek to convey and deliver the
wastewater from the Service Area to the Point or Points of
Entry To do so, this Contract contemplates that Hickory Creek
will contract with the Town of Corinth to provide facilities
necessary to transport the wastewater to be delivered under this
Contract from Hickory Creek's System to the Point of Entry
Denton shall have no liability to Hickory Creek for any
interruption in the delivery of Hickory Creek's wastewater to
the Point of Entry resulting from any defect or failure of the
Town of Corinth's System or resulting from any dispute or
default arising from any contract between Hickory Creek and the
Town of Corinth, or any third party, to provide for the delivery
of the wastewater agreed to be received by Denton under this
Contract
3 5 Point of Entry Hickory Creek shall discharge its
wastewater originating from the Service Area into the Denton
System at the Point of Entry designated in Exhibit A, attached
hereto and incorporated herein by reference The Point of Entry
may be changed, or additional Points of Entry added, during the
term of this Contract, by the mutual consent of both parties, as
shown by amendment of Exhibit A, duly signed by the authorized
agents of both parties and attached hereto
4 SERVICE AREA AND QUANTITY
4 1 Service Area Subject to the terms of this Contract,
Hickory Creek shall have the right and obligation to discharge
PAGE 3
into the Denton System at the Point of Entry, and Denton shall
have the right and obligation to receive at the Point of Entry,
all wastewater collected by Hickory Creek from within the Service
Area shown in Exhibit C, attached hereto and incorporated by
reference The Service Area may be enlarged by the mutual
consent of both parties, as shown by an amendment of Exhibit C,
duly signed by the authorized agents of both parties and
attached hereto
4 2 Maximum Quantities The right of Hickory Creek to discharge
into t e Denton System and the obligation of Denton to receive
into its System all wastewater from the Service Area is
specifically limited to a quantity of wastewater that does not
exceed six hundred fifty thousand (650,000) gallons of
wastewater per day, unless prior written approval is given by
Denton
4 3 Exclusive Service Contract Denton shall have the sole
right to receive all wastewater collected by Hickory Creek's
System from within the Service Area Hickory Creek shall not
discharge, or provide by contract or otherwise for the discharge
of its wastewater collected from within the Service Area to any
System of any other party, and shall not receive any wastewater
from any source outside the Service Area into its System,
without the prior written consent of Denton This provision
shall not, however, prohibit Hickory Creek from contracting with
any third party to provide for the transportation or delivery of
its wastewater collected from within the Service Area to the
Denton System, through or by use of all or part of the System of
another party, if Denton agrees, in writing, to receive the
wastewater through the System of the third party
5 METERING
5 1 Installation and Ownership of Meters Hickory Creek shall
furnish and install, or of erwise prove -de and pay for, at its
expense, all meters and equipment necessary to measure the
amount of wastewater delivered and received at each Point of
Entry The type, location, and manner of installation of the
required metering equipment shall be approved by Denton When
approved and accepted by Denton, the metering equipment shall
become and remain the property of Denton
The initial metering equipment shall be located as specified
in Exhibit D, attached hereto and incorporated herein by
reference If a metering location is changed or additional
metering locations added, it shall be at Hickory Creek's
expense, and the changed or added location shall be shown by
amendment of Exhibit D, duly signed by the authorized agents of
both parties and attached hereto
PAGE 4
5 2 Reading and Adjustment
(a) After acceptance, Denton shall be responsible for the
operation, maintenance, repair, testing, adjusting and reading
of the metering equipment Hickory Creek shall have access to
the metering equipment for examination and inspection Denton
shall test and calibrate the metering equipment annually in the
presence of a representative of Hickory Creek Upon the request
of Hickory Creek, Denton shall test the metering equipment more
frequently than annually, but the cost of the additional tests
shall be paid by Hickory Creek
(b) If the metering equipment is found to be registering the
quantity of wastewater incorrectly by more than five percent
(5%), then any payments based on the such incorrect registering
shall be adjusted for the period of time for which the
inaccuracy occurred, if reasonably determinable, if not
determinable, then for the period of time from the prior testing
of the meter shown to be accurate, but in no case shall an
adjustment be made for a period of time exceeding six months
5 3 Unit of Measurement The unit of measurement for the waste-
water referred to in t is Contract, unless specified otherwise,
shall be 1,000 gallons, U S Standard Liquid Measure
6 WASTEWATER QUALITY
6 1 Denton's Sewer Use Ordinance (SUO) Denton must receive,
treat, an isc arge wastewater in accordance with Federal and
State laws and the regulations and standards imposed by Federal
and State agencies having jurisdiction thereof To insure
compliance with these laws, standards and regulations, Denton
has enacted a Sewer Use Ordinance or "SUO," a copy of which is
attached hereto as Exhibit E, and incorporated herein by
reference
6 2 Application of SUO to Service Area Pursuant to the
provisions o t e Interlocal ooperation Act [TEX REV CIV
STAT , Ann 4413 (32c), Vernon 19761, the parties agree that the
SUO, or any amendments thereto, shall apply to the Service Area,
except as otherwise specifically modified by the provisions of
this Contract Except as so modified, all persons within the
Service Area, all direct and indirect discharges into the
Hickory Creek System, and all discharges from the Hickory Creek
System into the Denton System shall be subject to the provisions
of the SUO
6 3 Contract Exce bons and Amendments to SUO For the purpose
of applying the SUO to t eService Area as provided for in this
PAGE 5
Contract, the following exceptions and amendments to the
provisions of the SUO shall apply
(a) Any provision referring to the wastewater activities or
discharges of wastewater within the "City" or "City of
Denton" shall mean those wastewater activities or
discharges of wastewater within the Service Area,
including wastewater discharges from the Hickory Creek
System into the Denton System
(b) "Sewage system," defined in section 25-132, shall mean
the Hickory Creek System
(c) The provisions of "Division 2 Sanitary Facilities
Required" (Sections 25-150 through 25-155), shall not
apply to the Service Area, except for those service
connections required by 3 2 of this Contract in
accordance with section 25-150 of the SUO
(d) The provisions of section 25-137, requiring sewage
system work permits, shall not apply to the Service Area
6 4 Application of Future Amendments to SUO
(a) The parties recognize that Federal and State laws and
regulations concerning wastewater treatment and discharges may
periodically change during the term of this Contract, requiring
revisions in the SUO It is the intent of this Contract that
the SUO be reviewed periodically by Denton and revised in
accordance with the latest standards and regulations of Federal
and State agencies having jurisdiction over wastewater treatment
and discharges
(b) At least 90 days prior to the proposed effective date of
any amendment to the SUO, Denton shall give written notice of
the proposed amendment to Hickory Creek Hickory Creek shall be
responsible for giving notice of any proposed amendment to any
of its wastewater customers affected by the proposed amendment
Upon the effective date of the amendment to the SUO, it shall
considered an amendment to this Contract and be attached to
Exhibit E, showing the amendment made Failure of Denton to
give the notice required herein shall not, however, relieve
Hickory Creek or any customer of the Hickory Creek System from
the responsibility of complying with the amendment as of the
date it becomes effective
6 5 Additional Regulations by Hickory Creek Hickory Creek may
enact and apply additional regulations governing wastewater
activities in the Service Area, so long as those regulations do
PAGE 6
not conflict with any provision of the SUO as applied to the
Service Area by this Contract Hickory Creek may, in any case,
impose any additional standard or regulation that is more
stringent than any standard or regulation of the SUO as applied
to the Service Area by this Contract
6 6 Major Industrial/Commercial Users
(a) Permit Re uired Hickory Creek shall not allow any
"major in ustria commercial user," as defined by the SUO, to
connect to or discharge into its System until and unless the
user has received a discharge permit from Denton in accordance
with the SUO If a user continues any discharge covered by a
permit after the permit has expired, or after receiving notice
that the permit has been suspended or revoked in accordance with
the SUO, Hickory Creek shall, upon written notice from Denton,
terminate water and sewage service to the user
(b) Classification of Hickor Creek For purposes of this
Contract, Hickory Creekshall e consi eyed a "major industrial/
commercial user" as to the discharge of its wastewater into the
Denton System and shall be subject to the provisions of the SUO
applicable to such users, except that it shall not be required
to obtain a discharge permit as provided for in the SUO
(c) Surcharge for Abnox
Creek shall pay to Denton,
specified in this Contract
surcharge as provided for in
abnormal strength wastewater
Creek System
6 7 Enforcement of SUO
mal Strength Wastewater Hickory
in addition to any other charges
for receiving its wastewater, a
section 25-174 of the SUO, for any
received by Denton from the Hickory
(a) Abatement of Violations from Known Source Any
violation of the SUO occurring in the bervice Area may be abated
in accordance with the provisions of section 25-134 of the SUO,
if the person responsible for the violation be known A copy of
all notices and orders issued by Denton thereunder shall be sent
to Hickory Creek, which shall cooperate with Denton in
investigating and remedying the violation Should the violator
fail to abide by any order issued by Denton in accordance with
the SUO, Hickory Creek shall, upon written notice from Denton,
terminate water and sewage service to the violating user
(b) Abatement of Violations from Unknown Source If Denton
determines that a prohibited disc arge or of er vio ation of the
SUO is continuing or reoccurring in the Service Area, but cannot
determine the person responsible for, or the source of, the
violation, Denton shall issue its notice and order in accordance
PAGE 7
with section 25-134 of the SUO, to Hickory Creek, which shall be
responsible for abating the violation in accordance with the
order issued Should Hickory Creek fail to cause the violation
to be corrected in accordance with the order issued, Denton may,
if necessary to comply with Federal or State laws or regulations
or a condition of any permit it holds, terminate water and
wastewater services to Hickory Creek
(c) Criminal and Civil Enforcement b Either Part Either
party to this Contract s a ave t ie aut ority to enforce the
provisions of the SUO in the Service Area by filing and
prosecuting criminal complaints for violations of the SUO
occurring in the Service Area in any court having ,jurisdiction
thereof, or by the use of any other criminal or civil remedies
provided by any Federal or State law or regulation
7 RATES CHARGED
7 1 Basis of Rate The rate charged Hickory Creek for the
wastewater received by Denton under this Contract shall be fixed
so as to be ,just and reasonable, without unlawful discrimination,
and consistent in application to the class and type of service
provided Hickory Creek under this Contract In establishing the
rate, Denton shall take into account
(a) The volume, type, character, and quality of the
wastewater,
(b) The techniques of treatment required,
(c) Any capital costs and debt retirement expenses of its
System to be paid from the rate charged,
(d) The costs of operating and maintaining its System to
comply with wastewater treatment and discharge
regulations,
(e) A reasonable return on Denton's invested capital used
and useful in rendering the wastewater services
provided, and,
(f) Any other costs directly attributable to providing the
wastewater services under standard, accepted cost
accounting practices
7 2 Rate Established by Ordinance Hickory Creek shall be
charged and shall pay Denton for the metered wastewater received
by the Denton System at the rate established by the applicable
PAGE 8
Rate Schedule approved by ordinance of the City Council of
Denton The initial Rate Schedule is shown in Exhibit F,
attached hereto and incorporated herein by reference
7 3 Amendment of Rate The rate charged Hickory Creek shall
increase or ecrease rom time to time during the term of this
Contract in accordance with any amendment to the Rate Schedule
applicable to Hickory Creek, as approved by ordinance of the
City Council of Denton At least ninety (90) days prior to the
effective date of any proposed amendment of the rate charged to
Hickory Creek under this Contract, Denton shall send written
notice of the proposed rate amendment to Hickory Creek If
Denton shall fail to give written notice at least ninety (90)
days prior to the effective date of the amended rate, the
amended rate shall become effective, as it applies to Hickory
Creek, on the ninety-first day after the written notice is
sent Upon amendment of the applicable Rate Schedule, Exhibit F
shall be amended by attaching a copy of the amended Rate
Schedule
7 4 Additional Charges The rate charged Hickory Creek under
this Contract under the established schedule of rates applicable
to Hickory Creek shall be in addition to any surcharge or other
charge provided for in this Contract or applicable ordinance of
Denton
7 5 Proposed Capital Recovery Fees
(a) Proposed Fee, Purpose The parties recognize that
Denton is cons ring imposing a "capital recovery fee" or
"impact fee" as an alternative method of funding the cost of
expending its System to serve the needs and requirements of
present and future users As proposed, the additional fee would
be charged to all new customers connecting to Denton's System in
an amount necessary to pay for all or part of the cost of
providing the additional facilities required to serve those new
customers If enacted by Denton and applied to all new
customers connecting to the Denton System during the term of
this Contract, the parties recognize and agree that the failure
to charge a similar fee for new customers connecting to the
Hickory Creek System would result in Denton's new customers
paying a disproportionate amount of the cost of the expansion of
Denton's System required to serve both cities
(b) Additional Pa ment ,Upon Imposition of Fee If Denton
does impose an a ditional 'capital recoveryfee", "impact fee",
or other charge by whatever name, upon new customers connecting
to the Denton System, for the purpose of providing an alternative
method of paying for all or part of the cost of new or additional
PAGE 9
facilities required to serve those customers, Denton may charge
Hickory Creek and Hickory Creek agrees to pay, in addition to
other payments specified in this Contract, an additional fee or
charge on the wastewater delivered to Denton
The charge shall be equal to the amount that would be
charged to new customers connecting to the Hickory Creek System
had those customers connected directly into the Denton System,
as provided for in the ordinance imposing the additional fee or
charge Hickory Creek shall have the sole discretion and
authority to decide how the additional revenues necessary to pay
the additional charge shall be imposed, charged, and collected
from the customers of its System, subject to any restrictions on
the source of payments as provided in this Contract
(c) Method for Providing for Fee and Payment Denton may
impose the add itional charge or fee upon Hickory Creek upon the
effective date of the ordinance providing for the charge or fee
by amending the Schedule of Rates applicable to Hickory Creek,
or, with the consent of both parties, by amending this Contract
to provide for the imposition and collection of the additional
charge Hickory Creek shall provide all necessary information
and records to Denton as is required to calculate, administer or
impose the fee
PAYMENT
8 1 Billing and Pa ment Denton shall bill and Hickory Creek
shall pay or t e wastewater services provided for in this
Contract, in accordance with the methods and procedures provided
for in the applicable Rate Schedule or ordinances of Denton, as
amended
8 2 Hickor Creek to Fix Ade uate Rates Hickory Creek agrees
to esta lis an collect rates an c arges for the services to
be supplied by its System as will make possible
(a) The prompt payment of all charges provided for in this
Contract.
(b) The prompt payment of all expenses of operating and
maintaining the System, and,
(c) The prompt payment of the principal and interest on its
obligations, if any, payable from the revenues of its
System, or if jointly funded and operated with its water
supply system, payable from the revenues of the combined
systems
8 3 Source of Pa ments Hickory Creek agrees that no tax
revenues shall e ple ged to the payment of amounts agreed to be
PAGE 10
paid under this Contract and that all payments due Denton under
this Contract are to be made from the revenues and income
received by Hickory Creek from its System, or if jointly funded
and operated with its water supply system, from the revenues and
income of the combined systems
B GENERAL PROVISIONS
9 EFFECTIVE DATE
Effective Date This Contract shall, except as otherwise
provided or hereff, become effective on the date it is approved
by ordinance or resolution of the governing bodies of the res-
pective parties, if on the same date, or, if not the same date,
on the later date of the respective dates the approval is given
As shown in the respective ordinances or resolutions, the effec-
tive date of this Contract is the _ day of , 1987
10 TERM
Term of Contract This Contract shall continue in force
until the 31st ay, o May, 1997
11 NOTICE AND AGENTS
11 1 Address for Notice Unless notified otherwise in writing,i all notices requre to be given to the parties shall be in
writing and sent by certified mail to the respective parties at
the following address
To Denton
Director of Utilities
Utilities Administration
215 E McKinney
City of Denton, Texas 76201
To Hickory Creek
Mayor of Hickory Creek
P 0 Box 453
Lake Dallas, Texas 75065
11 2 Desi Hated Agents For purposes of administering this
Contract, Denton shall act through its Director of Utilities, or
the Director's duly authorized representative, and Hickory Creek
shall act through its Mayor, or the Mayor's authorized
representative, unless otherwise stated in this Contract
PAGE 11
12 TERMINATION AND SUSPENSION
12 1 Termination Upon Default
(a) Should Hickory Creek fail to comply with or perform any
condition or obligation on its part, and, if after such failure
Denton shall give written notice to Hickory Creek of the
provisions of this Contract breached, Denton shall have the
right to terminate this Contract after sixty (60) days following
the date the notice was sent, unless Hickory Creek shall perform
the conditions or obligations specified in the notice within the
sixty (60) day period
(b) The failure of Denton to exercise any right of
termination, or its failure to seek enforcement or performance
of any provision at any time, shall not be construed to be a
waiver of the performance of any provision, or the waiver of the
right of Denton thereafter to exercise its right of termination,
or to seek enforcement or performance of any provision of this
Contract
12 2 Payments Due The termination of this Contract shall not
release Hickory Creek from its obligation to make payments for
services rendered under this Contract prior to the date of
termination
12 3 Suspension by Force Maieure
(a) If by reason of "force majeure" either party is unable
to perform any obligation of this Contract, it shall give notice
of the force majeure to the other party in writing within ten
days of the occurrence relied upon The obligation of the party
giving the notice, to the extent and for the period of time
affected by the force majeure, shall be suspended The party
giving notice shall endeavor to remove or overcome the inability
with all reasonable effort In no case, however, shall Hickory
Creek's obligation to make payments for wastewater already
delivered to Denton be suspended
(b) "Force Majeure" shall mean acts of God, landslides,
lightning, earthquakes, hurricanes, storms, floods, or other
natural occurrences, strikes, lockouts, insurrections, riots,
wars, or other civil or industrial disturbances, orders of any
kind of the Federal or State government or of any civil or
military authority, explosions, fires, breakage or accidents to
machinery, lines, or equipment, or the failure of the System or
water supply system, or any other cause not reasonably within
the control of the party claiming the disability
PAGE 12
13 LIABILITY
Liability for damages arising from the reception, transpor-
tation, delivery and disposal of all wastewater covered by this
Contract shall, as between the parties, remain with Hickory
Creek until delivered into the Denton System at the Point of
Entry and after passing the Point of Entry, remain with Denton
As between the parties, each agrees to save and hold the other
party harmless from all claims, demands, and causes of action
which may be asserted by anyone on account of the reception,
transportation, delivery, and disposal of the wastewater covered
by this Contract while the wastewater is in control of the other
14 SEVERABILITY
This Contract shall be subject to all valid laws, rules,
and regulations of the United States and the State of Texas, or
any governmental body or agency having jurisdiction thereof If
any provision of this Contract is by any court held to be
illegal or in conflict with any law or regulation, the validity
of the remaining provisions of this Contract shall not be
affected, and the rights and obligations of the parties shall be
construed and enforced as if the Contract did not contain the
particular provision held to be invalid
15 ASSIGNMENT
Hickory Creek shall not assign nor transfer in whole or in
part the rights and privileges granted in this Contract without
first obtaining the written consent of Denton
16 ENTIRE AGREEMENT, MODIFICATION
This Contract embodies the whole agreement of the parties
There are no promises, terms, conditions, or obligations other
than those contained herein This Contract shall supersede all
previous communications, representations, or agreements, either
verbal or written, between the parties, and all modifications of
this Contract shall be in writing and approved by both parties
17 HEADINGS
All headings in this Contract are used for convenience only
and are not intended to define or to limit the scope of any
provision
PAGE 13
IN WITNESS WHEREOF, the parties acting under authority of
their respective governing bodies have caused this Contract to
be duly executed in several counterparts, each of which shall
constitute an original %�
EXECUTED this 4&---day of W 1987
ATTEST CITY OF DENTON, TEXAS
i—ENVIVER L ERS
ACT CI SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH
CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
ATTE
%
AV
RN
ARN
C Y
SECRETARY
TOWN
OF
HICKORY CREEK, TEXAS
APPROVED AS TO LEGAL FORM
DON R WINDLE, CITY ATTORNEY
TOWN OF HICKORY CREEK, TEXAS
BY
RAY ITEPHEM , MAYOR
TOWN OF HICKORY CREEK, TEXAS
i
BY
A OR
PAGE 14
C EXHIBITS
Exhibit Subject
A Point of bntry The place, whether one or more, at
wt�fic — Denton will receive wastewater from the Hickory
Creek System
B Wastewater Master Plan Information The information
require to a submitted y Hic ory Creek in its
Plan
C Service Area The area from which wastewater will
e collected by the Hickory Creek System and
discharged into the Denton System
D Metering Point The location at which the waste-
water receive(
v T from the Hickory Creek System will be
measured
E S U 0 (Sewer Use Ordinance) Denton Ordinance No
82-39, providing tor the regulations of wastewater
discharges and made applicable to the Service Area
F Rate Schedule The rate to be charged Hickory Creek
for the wastewater received by the Denton System
EXHIBIT A (1 of 2)
swam Point of Entry
Z
Imo-
u
IE
Aaquz 3o quiog
(Z 3o Z)
K ZIHIHX3
EXHIBIT B
WATER AND WASTES(TER WTER PLAN DATA
I WATER
A. Existing System
1 Written Description of Present System
a. Past Experience For The Previous 5 and 10 Year Periods
1 Average day water demand
2 Maximum day water demand
3 Population
4 Gallons per day per capita
b. Demands
c Supplies
d Distribution
e Storage
f Land Use
g Future Improvements
h Goals
2 Map of System
a Entity's Owned Facilities
b Purchased Water Facilities
c All Transmission and Distribution Mains
3 Entity's Owned Facilities
a. Types of Facilities
1 Wells
2 Water Treatment Plants
3 Storage Facilities
4 Pumping Stations
b Hydraulic Capacity
4 Purchased Water Facilities
a Water Supplier
b Types of Facilities
c Hydraulic Capacity
B. Future System
1 Map of Future System
a Future Owned Facilities
b. Future Purchased Water Facilities
c Future Transmission and Distribution Mains
d. Future Points of Delivery
2 Owned Facilities
3 Purchased Water Facilities
C Area to be Served by City of Dallas
1 Map of Service Area
a Present Boundaries
b Anticipated Future Boundaries
D Population
1 Present Area Population
2 Population Projected, 5, 10, 15, 20, 25 years minimum
E Water Requirements
1 Present
a. Average Maximum Daily Demand
b Maximum Daily Demand
c Maximum Hourly Demand
2 Projected Water Requirements, 5, 10, 15, 20. 25 years minimum
a Average Maximum Demand
b Maximum Daily Demand
c Maximum Hourly Demand
II WASTEWATER
A Existing and Future System
1 Written Description of Present System
a Past Experience
b Demands
c Collections System
d. Type of Treatment
e Future Improvements
f Goals
Map of System
a. Entity's Owned Facilities
b Contracted Wastewater Disposal Facilities
c Sewer Mains
d Effluent Location
3. Flow Data
Peak Flow
Average Daily Flow
Treatment
a. Entity's Owned Facilities
b Contracted Wastewater Disposal Facilities
c Type of Treatment
d Type of Discharge Permit
TOWN OF CORINTH_�*
7 `1
I
n � a
1
I
Y
I a I a
EXIiIBIT c
w
a � u-
S
n DI
Nbl qa
I �
N
q� I
I r
~
r60 Nla
tVl alpr CN
T
..
a _ oca %
�_ I
�i�` � (Ii�M Lcilt,lpy
a
Park
Town of Hickory Creek
WASTEWATER SYSTEM
IMMEDIATE SERVICE AREA
1 �
i � 1
n
{
CITY OF LAKE DALLA$ � A�
l�
2m
y r
Qa
[[ L
i Y t P
LC
OFi y
RY CRn ICKO E EK� 4. a
:"T 'lk (1
LEGEND
n �y
NORTH
cwnrr atwY
ha
irr ar,rp
I
Metering P �t
E}�HIBIT D Ap Imo' �"
r ' i i r I
• ( 1
l
1 l ti 5110
.d
✓ I -_ I j
(fill) L
I li l� I �1 • I ~
j �� I h� • 1 0 • >N
�N
I �— T.Nr Pe
n 0 _
ow .ro ra,ru, � •p, I r. .. rNarrJ,
,or STATIt)"
\
` 1 1• i I I I .w r" rOo 0f 1
I
�GKT •'� ° y w
n
\\ •�� •� � � Mw^
w
'w,l
r O.• 1 i �j\�1,,•,ry1 1 '(ql UO"
pp ✓r n•no.
rn .thrax
�� _` ♦ ��� pd 1'IItMaY
�+Ilkyp II Parh
r
�N •'a�
� V
y Creek LECiEPO
Town of Hickor .,r V,r, NORTH oo ere
WASTEWATER
SYSTEM
IMMEDIATE SERVICE AREA _ _
EXHIBIT E
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS, 1966, AS AMENDED, BY DELETING THEREFROM DIVISION
1 OF ARTICLE III "SANITARY SEWERS" OF CHAPTER 25, SECTIONS 25-35
THROUGH AND INCLUDING SECTION 25-48 BY ADDTNG A NEW ARTICLE
VIII TO CHAPTER 25, PROVIDING FOR REGULATION AND USE OF AND
DISCHARGE INTO SANITARY SEWERS PROVIDING FOR PERMITS AND FEES
FOR CERTAIN DISCHARGES PROVIDING FOR CERTAIN USER CHARGES
PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS
($200 00) FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
PART I
That the Code of Ordinances of the City of Denton, Texas, as
amended, 1966, is further amended by deleting therefrom Division
1 of Article III "Sanitary Sewers" of Chapter 25, Sections 25-35
through and including Section 25-48
PART II
That Chapter 25 of the Code of Ordinances of the City of
Denton, Texas, 1966, as amended, is further amended by adding
thereto a new Article VIII, Section 25-130 throuqh and including
Section 25-180 which shall read as follows
ARTICLE VIII
REGULATION OF DIRECT AND INDIRECT DISCHARGE
INTO SANITARY SEWAGE SYSTEM
DIVISION 1
GENERAL PROVISIONS
SECTION 25-130 PURPOSE
The purpose of this Article is to regulate and control
wastewater disposal facilities and practices within the City so
as to protect the health, welfare and property of its citizens
and to insure that all wastewater disposal facilities and
practices are in compliance with state and federal laws, rules
and regulations
SECTION 25-131 SCOPE
This Article shall apply to the direct or indirect discharge
of all water -carried wastes in the City of Denton and shall,
PAGE ONE
among other things provide for the regulation of sewer
construction in areas within the jurisdiction of the City of
Denton, the approval of plans for sewer construction, the
quantity and quality of wastewater discharged, the degree of
wastewater pretreatment required, the issuance of
Industrial/Commercial Wastewater Discharge Permits and of other
miscellaneous permits
SECTION 25-132 DEFINITIONS
Unless the context specifically indicates otherwise, the
meaning of terms used in this Article shall be as follows
1 "ABNORMAL STRENGTH WASTEWATER" shall mean any
wastewater having a suspended solid, BOD, COD
chlorine demand or total phosphate concentration
in excess of that found in normal strength
wastewater
2 "ACT" shall mean Public Law 92-500, as amended, as
enacted by the United States Congress and known as
the Federal Water Pollution Control Act or Clean
Water Act
3 BOD" (denoting Biochemical Oxygen Demand) shall
mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under
standard laboratory procedure in five (5) days at
200C, expressed in milligrams per liter
4 "BUILDING" is any structure used or intended for
supporting or sheltering any use or occupancy
5 "BUILDING DRAIN" is that part of the piping of a
building drainage system which receives the
discharge of all soil, waste, and other drainage
from inside the structure and conveys the same to
the building service line outside the foundation
wall of such building
6 "CATEGORICAL PRETREATMENT STANDARD" shall mean
wastewater discharge limits applicable to a
specific category of major commercial/industrial
users as promulgated by the EPA in accordance with
Section 307(b) and (c) of the Act
7 "CHLORINE DEMAND" shall mean the difference
between the amount of chlorine added to water,
wastewater or industrial wastes and the amount of
residual chlorine remaining at the end of a twenty
(20) minute contact period
8 "COD" (denoting Chemical Oxygen Demand) shall mean
the measure of the oxygen equivalent of that
Portion of the organic matter in a sample that is
susceptible to oxidation by a strong chemical
oxidant
9 "COMMITTEE" shall mean the Environmental Appeals
Committee
PAGE TWO
10 "COMPOSITE SAMPLE" shall mean a mixture of grab
samples collected at the same sampling point at
different times
11 "CONTROL MANHOLE" shall mean an opening giving
access to a service line at some point before the
service line discharges to the sewage system
12 "COOLING WATER" shall mean the water discharqed
from any system of condensation such as air
conditioning, cooling or refrigeration
13 "DIRECT DISCHARGE" shall mean the conveyance of
wastewater from a service line uninterrupted to a
City public sewer
14 "DIRECTOR OF UTILITIES" shall mean the Chief
Executive Officer of the Utility Department of the
City of Denton or his authorized deputy, agent or
representative
15 "DOMESTIC USER" shall mean any user who is not an
Industrial User or Commercial User
16 "DRY CLOSET" is an indoor room or an outdoor privy
used as a toilet but lacking water for conveyance
of waste
17 "EPA" shall mean the United States Environmental
Protection Agency or its successor agencies
18 "FLOW RATE" shall mean the quantity of wastewater
that flows past a particular point in a certain
period of time
19 "GRAB SAMPLE" shall mean a sample collected at a
particular time and place, representing only the
composition of the source at that time and place
20 "INDIRECT DISCHARGE" shall mean the conveyance of
wastewater to a public sewer by any means other
than direct discharge
21 "INDUSTRIAL/COMMERCIAL USER" shall mean any
industrial or commercial establishment which uses
the sewage system of the City and falls under a
standard industrial classification
22 "INDUSTRIAL/COMMERCIAL WASTEWATER DISCHARGE
PERMIT", referred to herein as "Industrial/
Commercial Discharge Permit", shall mean a permit
required of a major industrial/commercial user to
deposit or discharge waste into any sewage system
under jurisdiction of the City of Denton
23 "INDUSTRIAL/COMMERCIAL WASTEWATER SURCHARGE" shall
mean a charge, as set forth in the latest edition
of the City of Denton Code of Ordinances levied on
industrial/commercial users of the sewage
treatment works for the additional cost of
treating wastewater discharges of abnormal
strength wastewater
24 "INTERFERE" shall mean inhibition or disruption of
the sewage system which contributes to a violation
of any requirement of this Article
PAGE THREE
25 "MAJOR INDUSTRIAL/COMMERCIAL USER" shall mean a
user of the sewage system that (a) discharges
25,000 gallons or more of wastewater into the
sewage system per average work day, or (b) is
regulated by the Categorical Pretreatment
Standards; or (c) is found by the City of Denton
to discharge wastewater which can cause
deterioration of the sewer system facilities or is
detrimental to the biological process either
singly or in combination with other contributing
wastewater, on the treated sewage system or upon
the quality of the discharge from the sewage
system
26 "mg/1" shall mean milligrams per liter
27 "NATURAL OUTLET" shall mean any outlet into a
watercourse ditch, lake, or other body of surface
water or groundwater
28 "NORMAL STRENGTH WASTEWATER' shall mean wastewater
which, when analyzed, by the City, shows by weight
a daily average of not more than 2,085 pounds per
million gallons (250 milligrams per liter) of
suspended solids, and 2,502 lb/mg (250
milligrams/1) of HOD (Biochemical Oxygen Demand),
and 2,085 lb/mg of COD (250 mg/1), and not more
than 75 1 pounds per million gallons (9 0
milligrams per liter (mg/1) of chlorine demand,
and 41 7 pounds per million gallons (5 0 mg/1) of
phosphorus, and which is otherwise acceptable into
a public sewer under the terms of this Article
29 "NPDES PERMIT" shall mean the National Pollution
Discharge Eliminations Sustem (NPDES) permit as
issued pursuant to Section 402 of the Act (33
U S C 1342)
30 "OBJECTIONABLE WASTE" shall mean any wastewater
that can harm either the sewers, sewer treatment
process, or equipment, have an adverse effect on
receiving stream, or otherwise endanger life,
health, or property, or constitutes a nuisance
31 "PERSON" shall mean any individual, firm, company,
association, society, corporation or entity,
including a city, county, town, village, or sewer
district
32 "pH" shall mean the degree of acidity or
alkalinity of a solution, expressed as the
logarithm of the reciprocal of the hydrogen ion
concentration in gram equivalents per liter of
solution
33 "POINT OF DISCHARGE" shall mean any discernible,
confined and discrete conveyance or vessel from
which wastewater may be discharged into a public
waterway or public sewage system
34 "POLLUTED WATER" shall mean any water, liquid or
gaseous waste containing any of the followinq
soluble or unsoluble substances of organic or
inorganic natural settleable solids that may form
sludge deposits) grease and oilsy floating solids
PAGE FOUR
which may cause unsightly appearance color
phenols and other substances to an extent which
would impart any taste or odor to the receiving
stream, and toxic or poisonous substances in
suspension, colloidal state, solution or gases
35 "PRIVY" is an outhouse or similar type small
building used as a toilet where wastes are either
buried on site or collected and disposed of
elsewhere
36 "PRETREATMENT" shall mean the treatment of
wastewater before introduction into a sewage
system
37 "SANITARY SEWER" shall mean a sewer intended to
receive domestic wastewater and admissible
industrial/commercial wastewater but to which
storm, surface and groundwaters are not
intentionally admitted
38 "SEPTIC TANK" shall mean any covered water -tight
tank not connected to the sewage system and which
is designed for the treatment of sewage
39 "SERVICE LINE" shall mean that part of the
horizontal piping of the building drainage system
beginning at the outside foundation wall and
terminating at its connection with the sewage
system
40 "SEWER" shall mean a pipe or conduit for carrying
wastewater
41 "SEWAGE SYSTEM" shall mean all facilities which
are owned by the City of Denton for collecting,
carrying, treating and disposing of wastewater
42 "SLUG" shall mean any discharge of wastewater
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 (24)
hour concentration of flow during normal operation
43 "STANDARD INDUSTRIAL CLASSIFICATION" (SIC) shall
mean a classification pursuant to the Standard
Industrial Classification Manual issued by the
Executive Office of the President of the United
States, Office of Management and Budget, 1972, or
latest edition
44 "STANDARD METHODS" shall mean the latest edition
of "Standard Methods for the Examination of Water
and Wastewater" prepared and published jointly by
the American Public Health Association, American
Waterworks Association and the Water Pollution
Control Federation
45 "STATE" shall mean the State of Texas
46 "STORM DRAIN" (sometimes termed "Storm sewer")
shall mean a public drainage pipe which carries
Storm and surface waters and drainage, but is not
intended to carry wastewater other than unpolluted
cooling water
PAGE FIVE
47 "STORMWATER" shall mean rainfall or any other
forms of excess water which are derived from
precipitation
48 "SUSPENDED SOLIDS" shall mean solids that either
float on the surface of, or are in suspension in
water, wastewater, or other liquids, and which are
removable by acceptable laboratory procedures as
set forth in Standard Methods
49 "TOTAL DISSOLVED SOLIDS shall mean the material
left in the vessel after evaporation of a sample
and its subsequent drying in an oven at a defined
temperature
50
"TOXIC SUBSTANCES" shall mean any substance
whether gaseous, liquid or solid which, when
discharged to the sanitary sewer in sufficient
concentrations, as determined by the Director of
Utilities, may be hazardous to sewer maintenance
and personnel, tend to interfere with any
wastewater treatment process, or to constitute a
hazard to human beings or animals, or to inhibit
aquatic life, or to create a hazard to recreation
in the receiving waters of the effluent from a
wastewater treatment plant
51
"TRANSPORT TRUCK DISCHARGE PERMIT" shall mean a
permit to deposit or discharge septic tank,
cesspool or seepage pit wastes into the City of
Denton sewage system
52
"TRAP" shall mean a device designed to skim,
settle, or otherwise remove grease, oil, sand,
flammable wastes, or other harmful substances from
wastewater before entering sewage system
53
"USER CHARGE" shall mean a charge levied on users
of the sewage system for the capital cost, as well
as the operation and maintenance of such works as
set forth in the City of Denton Code of Ordinances
54
"WASTE" shall mean rejected, unutilized, or
superfluous substances in liquid, gaseous, or
solid form resulting from domestic, agricultural,
or industrial activities
55 "WASTEWATER" shall mean the water -carried wastes
which are discharged into the sewage system
56 "WATER CLOSET" shall mean a compartment or room
equipped with toilet that is properly connected to
the sanitary sewer and has the means for
mechanical discharge
SECTION 25-133 ADMINISTRATION
Except as otherwise provided herein, the Director of
Utilities of the City of Denton, or his designee, shall
administer the provisions of this Article
PAGE SIX
SECTION 25-134 PROCEDURES FOR ABATEMENT OF VIOLATIONS
1 Notice and Order Whenever the Director of Utilities has
determined that any person has violated any provision of this
Article or that such violation is continuing, reoccurrinc or may
reoccur, he may, in addition to any other remedy provided for in
this Article, issue a notice and order directing that such
violation be corrected or such other order as is necessary to
prevent the violation from continuing or reoccurring
Such notice and order shall state
(a) The nature of the violation and the provisions of
this Article which have been violated
(b) The corrective action that must be taken to
correct or abate the violation
(c) The amount of time within which the violation must
be corrected
(d) That the person to whom the notice and order are
issued may appeal from the notice and order to the
Environmental Appeals Committee by filing in
writing with the Director of Utilities an appeal
and filing fee within ten (10) days of the service
of the notice and order
(a) That failure to comply with the notice and order
and failure to file a timely appeal may result in
termination of sewer service
• 2 Service of Notice and Order Any notice and order
issued under this Article shall be in writing and served in
person or by registered or certified mail on the record user or
users of the sewage system or other persons determined to be
responsible for such violation
3 Appeals Any person may appeal the notice and order of
the Director of Utilities by filing a written notice of appeal
with the Director of Utilities on forms provided by the Director
Of Utilities and by paying a filing fee of $10 00 Such notice
of appeal shall be filed and filing fee paid within ten (10)
days of service of the order
PAGE SEVEN
4 No Appeal Filed If no timely appeal and filing fee are
filed, the Director of Utilities may, if a violation is
continuing or reoccurring or may reoccur, terminate sewer
service to the person ordered to correct or abate such violation
If such violation has not been corrected or abated within the
time specified in such order
5 Hearing and Determination
(a) An Environmental Appeals Committee is hereby
established and authorized to hear and decide
appeals from any order issued by the Director
Of Utilities pursuant to said Article The
Committee shall be composed of the City
Manager, or Assistant City Manager, the
Director of Utilities and the City Attorney or
their designated representative
(b) The Committee may call and hold hearings,
administer oaths, receive evidence at the
hearing, issue subpoenas to compel the
attendance of witnesses and the production of
papers and documents related to the hearing,
and make findings of fact and decisions with
respect to administering its powers herein
(c) Upon the hearing, the Committee shall determine
if there is substantial evidence to support the
Director of Utilities, determination and
order The decision of the Committee shall be
in writing and contain findings of fact If
the Committee determines that there is
substantial evidence to support the
determination and order of the Director of
Utilities, the Committee shall, in addition to
its decision, issue an order (i) requiring
discontinuance of such violation or condition,
(ii) requiring compliance with any requirement
to correct or prevent any condition or
violation, or (111) suspending or revoking any
permit issued under the Article
(d) In any decision and order issued by the
Committee, the order shall specify the time in
which the compliance with the order must be
taken A copy of the decision and order shall
be delivered to the appellant or person to whom
the order is directed in person or sent to him
by registered or certified mail
(a) Should the appellant fail to comply with the
order of the Committee within the time
specified therein, if any, the Director of
Utilities, in addition to any other remedy
provided for in this Article, may terminate
sewage service to the appellant
SECTION 25-135 PENALTIES
A person who violates any provision of this Article is
guilty of a misdemeanor and upon conviction is punishable by a
PAGE EIGHT
fine Of up to Two Hundred Dollars ($200 00) for each act in
violation of any provision of this Article and for each day any
violation of this Article occurs
In addition to proceeding under authority of subsection (1)
of this section, the City is entitled to pursue all other
criminal and civil remedies to which it is entitled under
authority of statutes or other ordinances against a person
continuing prohibited discharges or violating any other
provision of this Article
SECTION 25-136 DETERMINING THE CIARACTER AND CONCENTRATION
OF WASTEWATER
The wastewater discharged or deposited into the sewage
system shall be subject to periodic inspection and sampling as
often as may be deemed necessary by the Director of Utilities
Sampling shall be conducted according to customarily accepted
methods, reflecting the effect of constituents upon the sewage
system and determining the existence of hazards to health, life,
limb, and property
The examination and analyses of the characteristics of
waters and wastes required by this Article shall be
• (a) Conducted in accordance with the latest edition of
"Standard Methods", and
(b) Determined from suitable samples taken at the
control manhole provided or other control points
authorized by the City
The determination of the character and concentration of
industrial/commercial wastewater shall be made by the Director
of Utilities at such times and on such schedules as may be
established by the Director of Utilities
Any person determined to be discharging wastewater in
violation of this Article shall compensate the City for the cost
of sampling and ronitoring the discharges until such time as the
discharged wastewater is in compliance with this Article The
Director of Utilities shall determine the number of samples and
the frequency of sampling necessary to maintain surveillance of
the discharges
PAGE NINE
SECTION 25-137 APPROVAL OF PLANS, ISSUANCE OF PERMITS AND
CERTIFICATION OF FINAL INSPECTION
1 Sewage System Work Permit Required It shall be
unlawful for any user of the sewage system to construct,
reconstruct, modify, enlarge or alter any equipment, device,
machinery apparatus or facility or system or component thereof,
which is used or is intended to be used to treat, process,
measure, or convey any wastewater which is or will be discharged
into the sewage system without first obtaining a Sewage Svstem
Work Permit from the Director of Utilities
2 Requirements for Permit A Sewage System Work Permit
shall be issued when all plans, drawings and specifications are
submitted in such detail as the Director of Utilities may
require and the Director of Utilities has determined that the
work to be done will result in adequate treatment, processing,
measuring, and conveyance of the wastewater discharged into the
sewage system in accordance with the provisions of this Article
3 Certificate of Final Inspection upon Completion
(a) Upon completion of the work to be done under
the Sewage System Work Permit, the Director of
Utilities shall inspect the work and if done
in accordance with the permit, the Director of
' Utilities shall issue a Certificate of Final
Inspection to the permit holder
(b) If the completed work does not complv with the
plans and specifications submitted for which
the permit was issued, the Director of
Utilities shall require such correction as
necessary before a Certificate of Inspection
is issued
(c) No person receiving a Sewage System Work
Permit shall utilize or make use of any
equipment, device, machinery, apparatus or
facility covered by the permit until a
Certificate of Final Inspection is issued in
accordance with this Article
4 Right to Inspect No person shall refuse the Director
Of Utilities the right to inspect any work done or required to
be done under this Article
SECTION 25-138 INSPECTIONS
Representatives of the City of Denton, the Environmental
Protection Agency, the Texas Department of Water Resources, and
PAGE TEN
the Texas State Health Department, or any successor agency
bearing proper credentials and identification, shall be
permitted to enter upon all properties for the purpose of
inspection, observation, measurements sampling and testing of
the sewage system or any wastewater discharged into the sewage
system
SECTION 25-139 thru SECTION 25-149 RESERVED
DIVISION 2
SANITARY FACILITIES REQUIRED
SECTION 25-150 CONNECTIONS REQUIRED
Any owner/occupant of every building where such building is
within one hundred (100) feet of any City sanitary sewer and is
utilized as a dwelling or residential unit shall construct, or
cause to be constructed, a suitable water closet upon such
property, and shall connect or cause the same to be connected
with such sanitary sewer in accordance with all ordinances of
the City regulating such construction and shall, within thirty
(30) days after written notice to do so from the Director of
Utilities, abate and cease to use any septic tank, dry closet,
or privey upon such premise
• Any owner/occupant of every building where such building is
within three hundred (300) feet of any city sanitary sewer and
is utilized as a business or commercial establishment
discharging wastewater exceeding the limits established by this
Ordinance shall construct, or cause to be constructed, a
suitable water closet upon such property, and shall connect or
cause the same to be connected with such sanitary sewer in
accordance with all ordinances of the City regulating such
construction and shall, within thirty (30) days after written
notice to do so from the Director of Utilities, abate and cease
to use any septic tank, dry closet, or privy upon such premise
The owner or occupant of any such property shall keep and
maintain such water closet and all connections in good condition
and free from any obstructions
PAGE ELEVEN
SECTION 25-151 SEPTIC SYSTEMS
Septic tanks shall be installed in accordance with the
provisions of the latest edition of the "Construction Standards
for Private Sewage Facilities , as published by the Texas
Department of Health
SECTION 25-152 DRY CLOSETS PROHIBITED
It shall be unlawful for any person or persons to build use
or maintain any privy, or dry closet on anv lot of land within
the corporate limits of the City except for portable sanitary
Privies utilized temporarily
SECTION 25-153 CONSTRUCTION OF SANITARY SEWERS
AND CONNECTIONS
The construction of sanitary sewers and connections thereto
shall be as provided in the Ordinances of the City of Denton
SECTION 25-154 OWNER RESPONSIBLE FOR MAINTENANCE OF
SANITARY SEWER SERVICE LINES
The City shall not be responsible for the maintenance of any
building drains or service lines and such maintenance shall be
the responsibility and duty of the owner of the premises
serviced by any such service line
SECTION 25-155 COMPLIANCE WITH PLUMBING REGULATIONS
' REQUIRED
Sanitary sewer service shall not be furnished to anv premise
where the plumbing thereof has not been installed in accordance
with the building regulations or any other provisions as
provided in the Ordinances of the City of Denton
SECTION 25-156 thru SECTION 25-159 RESERVED
DIVISION 3
USE OF PUBLIC SEWERS
SECTION 25-160 DISCHARGE PROHIBITIONS
It shall be unlawful for any person to discharge or cause to
be discharged into the sewage system or into a natural outlet,
materials, waters, or wastewater, if such substances may
interfere with the facilities, operation, or performance of the
sewage system, or have an adverse effect on the environment, or
may otherwise endanger life, health or property, or constitute a
PAGE TWELVE
Public nuisance In determining the acceptability of substances
for discharge into the sewage system, the Director of Utilities
shall give consideration to such factors as the quantities of
subject substances in relation to flows and velocities in the
sewer system, materials of which the sewer system is
constructed, nature of the wastewater treatment process,
capacity of the wastewater treatment plant, degree of
treatability of the substances in the wastewater treatment plant
and such other factors which may be pertinent to such evaluation
Substances specifically prohibited from being discharged
into the sewage system are as follows
(a) Any liquids, solids or gases, including but not
limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides, sulfides or any
other substances which are a fire or other hazard
to the system, which by reason of their nature or
quantity are, or may be, sufficient either alone
or by interaction with other substances to cause
fires, explosions, or be injurious in any other
way to the facilities or operation of the sewage
system
(b) Any substance which causes two successive readings
on an explosion hazard meter, to be more than five
percent (5%) or any single reading over ten
percent (10%) of the Lower Explosive Limit (LEL)
of the meter as measured at the point where the
wastewater is discharged into the sewage system
(c) Any wastewater having a pH less than five (5),
greater than ten (10), or any wastewater having
any other corrosive property capable of causing
damage or hazard to the sewage system or any
person
(d) Any wastewater containing toxic substances in
sufficient quantity that may, either singly or by
interaction with other substances, injure or
interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a
toxic effect in the receiving waters of the sewage
system, or exceed the limitation set forth in the
Categorical Pretreatment Standards A toxic
substance shall include but not be limited to any
substance identified pursuant to Section 307(a) of
the Act
(a) Any substance discharged into the sewage system
such as residues, sludges, or scums, which
interferes with the reclamation process, or any
substance which causes the sewage system to be in
non—compliance with sludge use or disposal
guidelines or regulations developed under Section
405 of the Act, or any guidelines, or regulations
PAGE THIRTEEN
affecting sludge use or disposal promulgated
pursuant to the Solid Waste Disposal Act, the
Clean Air Act, and the Toxic Substances control
Act as amended by the U S Congress
(f) Any liquid or vapor having a temperature higher
than one hundred fifty (150) degrees Fahrenheit,
(650C) If, in the opinion of the Director of
Utilities, lower temperatures of such wastewater
could harm either the sewage system, wastewater
treatment process, equipment, or have an adverse
effect on the receiving stream or could otherwise
endanger life, health or property or constitutes a
Public nuisance, then the Director of Utilities
may prohibit such discharges
(9) Any wastewater containing fats, wax, grease, or
oils, whether emulsified or not, in excess of
fifty (50) mg/l or containing substances which may
solidify or become viscous at temperatures between
thirty-two (32) degrees Fahrenheit, (OOC), and
one hundred fifty (150) degrees Fahrenheit,
(65oC)
SECTION 25-161 HAZARDOUS METALS OR TOXIC SUBSTANCES
1 It shall be unlawful for any person to discharge into
the sewage system unless such discharge is allowed under the
provisions of Section 25-174, "Industrial/Commercial Wastewater
Surcharge":
(a) Any wastewater containing hazardous metals to such
degree that any such material received at the
point of discharge into the sewage system exceeds
the limits established below
NOT TO EXCEED
Da ly Gra
Metal Average COMPOsite Sample
Arsenic 0 1 0 2 0 3
Barium 1 0 2 0 4 0
Cadmium 0 05 0 1 0 2
Chromium 0 5 1 0 5 0
Copper 0 5 1 0 2 0
Lead 0 5 1 0 1 5
Manganese 1 0 2 0 3 0
Mercury 0 005 0 005 0 01
Nickel 1 0 2 0 3 0
Selenium 0 05 O 1 0 2
Silver 0 05 0 1 0 2
Zinc 1 0 2 0 6 0
(b) Other metals not listed above which will, in the
opinion of the Director of Utilities, damaqe the
sewage system or interfere with the treatment
process
(c) Any wastewater that contains phenolics in excess
Of 0 1 milligrams per liter (mg/1) by weiqht
(d) Any radioactive wastes or isotopes into the public
sewers without permission of the City
PAGE FOURTEEN
(a) Quantities of flow, concentrations, or both, which
constitute a "slug" as defined herein
(f) Materials or Substances which cause
(1) Concentrations 0f inert suspended solids
exceeding 250 mg/l or total dissolved solids
in concentrations greater than 800 mg/1 and
sodium sulfate in concentrations greater than
500 mg/l
(2) Concentrations of SOD exceeding 250 mg/l, COD
requirements exceeding 250 mq/1, chlorine
requirements exceeding 9 0 mg/1 or phosphorus
concentrations exceeding 5 0 mg/l
(3) Discolorations, such as, but not limited to
dye waters and vegetable tanning solution
(g) Any wastewater with a concentration of cyanide the
total of which is in excess of 1 0 mq/1
2 In cases where a user wishes to discharge any wastewater
having characteristics exceeding maximum permissible limits
stated above, the Director of Utilities may pursuant to an
Industrial Commercial Wastewater Discharge Permit granted to
such user, after conducting necessary evaluation of the
wastewater, permit such discharge if
(a) the wastewater will not cause damaqe to the
sewage system,
(b) the wastewater will not impair the City's
treatment process; and
(c) the user discharging the wastewater complies
with any pretreatment process and/or
requirement imposed by the Director of
Utilities
SECTION 25-162 DISCHARGE OF WATERS NOT CONTAINING SEWAGE
It shall be unlawful for any person to discharge unpolluted
waters into the sewage system Except with the approval of the
Director of Utilities, or as otherwise provided in this Article,
no storm water connection from any building or yard, nor any
drain from any catch basin, lake, swamp, pond, or swimming pool,
nor any outlet for surface water, storm water or ground water of
any kind shall be connected to the sewage system
Within any area served by a separate sanitary sewer and a
storm sewer, no storm water shall be allowed to enter the
PAGE FIFTEEN
sanitary sewer from waste or vent pipes of any building Within
any such area no down spout, roof leaders, gutters, other pipes,
or drains such as channels which may at any time carry storm
water surface drainage derived from hydraulic pressure or from
well points, or lake water shall be connected with any sanitary
sewer
SECTION 25-163 DISCHARGE TO A NATURAL OUTLET
It shall be unlawful for any person to discharge polluted
water to any storm sewers or natural outlet within the area
served by the City except where suitable treatment has been
provided in accordance with the provisions of this Article, and
except where a Federal National Pollutant Discharge Elimination
Systems (NPDES) Permit has been duly issued and is currently
valid for such discharge A valid Copy of such a permit and any
modifications thereof must be filed with the Director of
Utilities
SECTION 25-164 WASTEWATER DISCHARGES REQUIRING TRAPS
All persons discharging oil, grease, sand, flammable wastes,
or other harmful substances in amounts that, in the opinion of
the Director of Utilities, will impede or stop the flow in the
" sewage system shall install a trap before the point of discharge
into the sewage system Any person responsible for discharges
requiring a trap shall, at his own expense and as required by
the City
(1) provide equipment and facilities of a type and
capacity approved by the City;
(2) locate the trap in a manner that provides readv
and easy accessibility for cleaning and
inspection; and
(3) maintain the trap in effective operating condition
SECTION 25-165 WASTEWATER DISCHARGE FROM TRANSPORT TRUCKS
All persons owning or operating a vacuum truck, "cesspool"
pump truck, liquid wastewater transport truck, or other vehicle,
shall not discharge or unload any septic tank, seepage pit,
inceptor or cesspool contents from such vehicle without first
PAGE SIXTEEN
having received a valid Transport Truck Discharge Permit (TTD
Permit)
TTD Permits shall be issued by the Director of Utilities
upon proper application and payment of a Fifty Dollar (650 00)
permit fee All TTD Permits shall be valid for one (1) year
No person holding a TTD Permit shall unload or discharqe any
waste or wastewater except in a manner and at a place as
specified by the Director of Utilities Before discharging
under a TTD Permit, the Director of Utilities may require the
person holding such permit to furnish a sample of the contents
of the material to be discharged as a prerequisite to
discharging into the sewage system The Director of Utilities
may refuse permission to discharge abnormal strength wastewater
into the sewage system
Any person discharging or unloading normal strength
wastewater under a TTD Permit into the sewage system shall be
charged at the regular commercial sewer rates
Any person discharging abnormal strength wastewater under a
TTD Permit into the sewage system shall be charged an
industrial/commercial surcharge rate
SECTION 25-166 THRU 15-169 RESERVED
DIVISION 4
INDUSTRIAL/COMMERCIAL WASTEWATER DISCHARGE
SECTION 25-170 INDUSTRIAL/COMMERCIAL WASTEWATER
DISCHARGE PERMIT REQUIRED
It shall be unlawful for any major industrial/commercial
user to connect to the sewage system or to discharge wastewater
to the sewage system without first obtaining an Industrial/
Commercial Wastewater Discharge Permit from the Director of
Utilities
All major industrial/commercial users discharging wastewater
directly or indirectly into the sewage system prior to the
effective date of this Article may continue that discharge one
hundred eighty (180) days after the effective date of this
PAGE SEVENTEEN
Article Prior to the expiration of the one hundred eiqhtv
(180) day period, the major industrial/commercial user shall
apply for an Industrial/Commercial Wastewater Discharge Permit
from the Director of Utilities
SECTION 25-171 PROCEDURE FOR OBTAINING A PERMIT FOR
INDUSTRIAL WASTEWATER DISCHARGE
1 Permit Application Major industrial/commercial users
required to obtain an Industrial/Commercial Wastewater Discharge
Permit shall complete and file with the City, an application in
the form prescribed by the City, and accompanied by a fee of
Twenty -Five Dollars ($25 00) New major industrial/commercial
users shall apply at least ninety (90) days prior to connecting
to or contributing to the sewage system for an
Industrial/Commercial Wastewater Discharge Permit In support
of the application, the major industrial/commercial user shall
submit the following information
(a) Name, address, and location (if different from the
address)
(b) SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972,
as amended
(c) Wastewater constituents and characteristics
' including but not limited to those mentioned in
this Article as determined by a reliable
analytical laboratory sampling and analysis shall
be performed in accordance with procedures
established by the EPA pursuant to the Act and
contained in 40 CFR, Part 136, as amended
(d) Time and duration of contribution
(a) Average daily 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 service lines, sewer
connections, and appurtenances by the size,
location and and
(9) Description of activities, facilities and plant
Processes on the premises including all materials
which are, or could be, discharged
(h) Where known, the nature and concentration of any
Pollutants in the discharge which are limited by
any City law or regulation, or by the State or
Categorical Pretreatment Standards, and a state-
ment regarding whether or not the pretreatment
standards are being met on a consistent basis
PAGE EIGHTEEN
W If additional pretreatment and/or 0&M will be
required to meet the Categorical Pretreatment
Standards, the shortest schedule by which the
major industrial/commercial user will provide such
additional pretreatment The completion date in
this schedule shall not be later than the
compliance data established for the applicable
Categorical Pretreatment Standard The following
conditions shall apply to this schedule
(1) The schedule shall contain increments of
progress in the form of dates for the
commencement and completion of major events
leading to the construction and operation of
additional pretreatment required for the major
industrial/commercial user to meet the
applicable Categorical Pretreatment Standards
(e g , hiring an engineer, completing
preliminary plans, completinq final plans,
executinc contract for major components,
commencing construction, etc )
(2) No increment referred to in paragraph (1)
shall exceed nine (9) months
(3) Not later than fourteen (14) days following
each date in the schedule and the final date
for compliance, the major industrial/
commercial user shall submit a progress report
to the Director of Utilities including, as a
minimum, whether or not it complied with the
increment of progress to be met on such date ,
and, if not, the date on which it expects to
comply with this increment of progress, the
reason for delay, and the steps being taken by
the major industrial/commercial user to return
the construction to the schedule established
In no event shall more than nine (9) months
elapse between such progress reports to the
' Director of Utilities
(j) Each product produced by type, amount, process or
processes and rate of production
(k) Type and amount of raw materials processed
(average and maximum per day)
(1) Number and type of employees, and hours of
operation of plant and proposed or actual hours of
operation of pretreatment system
(m) Any other information as Tay be deemed by the City
to be necessary to evaluate the permit application
2 Permit Modifications
Within nine (9) months of the promulgation of a Categorical
Pretreatment Standard, the industrial/commercial Wastewater
Discharge Permit of major industrial/commercial users subject to
such standards shall be revised to require compliance with such
standard within the time frame prescribed by such standard
Whero a major industrial/commercial user, subject to a
PAGE NINETEZN
Categorical Pretreatment Standard has not previously submitted
an application for an Industrial/Commercial Wastewater Discharge
Permit the major industrial/commercial user shall apply for an
Industrial/Commercial Wastewater Discharge Permit within one
hundred eighty (180) days after the promulgation of the
applicable Categorical Pretreatment Standard In addition, the
major industrial/commercial user with an existing Industrial/
Commercial Wastewater Discharge Permit shall submit to the
Director of Utilities within one hundred eighty (180) days after
the promulgation of an applicable Categorical Pretreatment
Standard the information required by paragraph (h) and (i) of
Section 25-171 (2 Permit Application)
3 Permit Conditions Industrial/Commercial Wastewater
Discharge Permits shall be expressly subject to all provisions
of this Article and all other applicable regulations, major
industrial/commercial user charges and fees established by the
Code of Ordinances of the City of Denton Permits may contain
the following:
(a) The unit charge or schedule of industrial/
commercial user charges and fees for the
wastewater to be discharged to the sewage 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
(e) Specifications for monitoring programs dhich may
include 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 the City and affording City access
thereto
PAGE TWENTY
(i) Requirements for notification of the City of any
new introduction of wastewater constitutents or
any substantial change in the volume or character
of the wastewater constituents being introduced
into the wastewater treatment system
(j) Requirements for notification of slug discharges
M Other conditions as deemed appropriate by the Citv
to ensure compliance with this Article
4 Permit Duration Permits shall be issued for a
specified time period not to exceed three (3) vears A permit
may be issued for a period less than a year or may be stated to
expire on a specified date The major industrial/commercial
user shall apply for permit reissuance a minimum of one hundred
eighty (180) days prior to the expiration of the major
industrial/commercial user's existing permit The terms and
conditions of the permit may be subject to modification by the
City during the term of the permit The major
industrial/commercial user shall be informed of any proposed
changes in his permit at least thirty (30) days prior to the
effective date of change
5 Permit Transfer Industrial/Commercial Wastewater
Discharge Permits are issued to a specified major
• industrial/commercial user for a specific operation An
Industrial/Commercial Wastewater Discharge Permit shall not be
reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation without the
approval of the Director of Utilities Any succeeding owner or
major industrial/commercial user shall also comply with the
terms and conditions of the existing permit
6 Reporting Requirements for Permittee
(a) Compliance Date Report
Within ninety (90) days following the date for
final compliance with applicable Categorical
Pretreatment Standards, any major industrial/
commercial user subject to Categorical
Pretreatment Standards shall submit to the
Director of Utilities a report indicating the
nature and concentration of all pollutants in
the discharge from the regulated process which
are limited by Categorical Pretreatment
Standards and the average and maximum daily
PAGE TWENTY-ONE
flow for these process units in the
industrial/commercial facility The report
shall state whether the applicable Categorical
Pretreatment Standards are being met on a
consistent basis and, if not, what additional
O&M and/or pretreatment is necessary to bring
the industrial/commercial user into compliance
with the applicable Categorical Pretreatment
Standards This statement shall be signed by
an authorized representative of the
industrial/commercial user and certified to by
a qualified professional
(b) Periodic Compliance Reports
(1) Any major industrial/commercial user
subject to a Categorical Pretreatment
Standard, after the compliance date of
such standard, shall submit to the
Director of Utilities during the month of
June, unless required more frequently in
the Categorical Pretreatment Standards or
by the Wastewater Industrial/Commercial
Discharge Permits, a report indicating the
nature and concentration of pollutants in
the effluent which are limited by such
Categorical Pretreatment Standards At
the discretion of the Director of
Utilities and in consideration of such
factors as local high or low flow rates,
holidays, budget cycles, etc , the
Director of Utilities may agree to alter
the months during which the above reports
are to be submitted
(2) The Director of Utilities may impose mass
limitations on major industrial/commercial
users which are using dilution to meet
applicable Categorical Pretreatment
Standards or in other cases where the
imposition of mass limitations are
appropriate In such cases, the
compliance report shall indicate the mass
of pollutants regulated by Categorical
Pretreatment Standards in the effluent of
the major industrial/commercial user
These reports shall contain the results of
sampling and analysis of the discharge,
including the flow and the nature and
concentration, or production and mass
where requested by the Director of
Utilities, of pollutants contained therein
which are limited by the applicable
Categorical Pretreatment Standard All
analysis shall be performed in accordance
with procedures pursuant to Section 304
(g) of the Act and contained in 40 CPR,
Part 136 and amendments thereto, or with
any other test procedures approved by the
Director of Utilities Sampling shall be
performed in accordance with the
techniques approved by the Director of
Utilities
PAGE TWENTY-TWO
SECTION 25-172 PRETREATMENT OF INDUSTRIAL WASTEWATER
Industrial/commercial users shall provide necessary
wastewater treatment as required to comply with this Article and
the Categorical Pretreatment Regulations Any facilities
required to pretreat wastewater to a level acceptable to the
Director of Utilities shall be provided, operated, and
maintained at the user's expense Detailed plans showinq thr
pretreatment facilities and operating procedures shall be
submitted to the Director of Utilities for review before
construction of such facility 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 the Director of Utilities under the
provisions of this Article Any subsequent changes in the
pretreatment facilities or method of operation shall be reported
to and be acceptable to the City prior to the user's initiation
of the changes All records relating to compliance with the
Categorical Pretreatment Standards shall be made available to
officials of the Environmental Protection Agency or Citv upon
request
SECTION 25-173 CONTROL MANHOLE
As a prerequisite to receiving an Industrial/rcmmercial
Wastewater Discharge Permit, the Director of Utilities mav, when
necessary to monitor wastewater discharged into the sewage
system, require an industrial/commercial user to install a
suitable control manhole together with such meters, equipment
and appurtenances as deemed necessary by the Director of
Utilities, in order to adequately sample and measure such
wastewater All required control manholes shall be located so
as to permit unrestricted access by the Director of Utilities or
his representatives
SECTION 25-174 INDUSTRIAL/COMMERCIAL WASTEWATER SURCHARGE
If abnormal strength industrial/commercial wastewater is
PAGE TWFNTY-THREE
acceptable for discharge into the sewage system under the
provisions set forth under the Industrial/Commercial Wastewater
Discharge Permit, an industrial/commercial wastewater surcharge
shall be added to the base sewer charge to cover the additional
cost of treating abnormal strength wastewater Such surcharge
shall be calculated as follows
CuaVU [(BU - 250) B + (Su-250) S) + (Xu-250)X)
Where
Cu is the surcharge for user x
Vu is the billing volume for user x
Bu is the tested HOD level for user x or 250 mg/l,
whichever is greater
B is the unit cost factor for treating one unit Of BOD
per 1,000 gallons
Su is the tested SS level for user x or 250 mg/l,
whichever is greater
S is the unit cost factor for treating one unit of SS
per 1,000 gallons
Xu is the tested pollutant level for user x or 250
mg/l, whichever is greater
X is the unit cost factor for treating one unit of
pollutant per 1000 gallons
SECTION 25-175 SUSPENSION OR REVOCATION OF PERMIT FOR
COMMERCIAL/INDUSTRIAL WASTEWATER DISCHARGE
1 Permit Not Vested Right A permit issued under this
Article does not become a vested right in the person holding the
permit
2 Grounds for Suspension or Revocation of Permit A
permit issued under this Article may be revoked or suspended
upon any of the following grounds
(a) The permittee has or is violating one or more
provisions of this Article
(b) The permittee has failed or is failing to
comply with one or more conditions of a permit
(c) There is a change in conditions which requires
elimination or modification of the discharge
covered by a permit
(d) Revocation or suspension is necessary in order
to prevent harm or damage to the sewage system
or treatment process or is necessary to
PAGE TWENTY-FOUR
protect the health or welfare of persons,
animals or property
(a) The permit was obtained by misrepresentation
or failure to disclose all relovant facts
3 Procedure for Suspension or Revocation of Permit The
Director of Utilities may issue an order suspending or revoking
a permit issued under this Article upon the grounds specified in
this Article Such order shall state the grounds therefor and
shall be served upon the permittee in person or by certified or
registered mail Such order of suspension or revocation shall
become effective after five (5) days from the date of service,
unless the permittee within such five (5) day period files an
appeal and filing fee in accordance with Section 25-134 of this
Article
4 Procedure for Appeals From Order of Revocation or
Suspension Appeals from the order of the Director of Utilities
suspending or revoking a permit shall be processed and heard in
accordance with procedures for other appeals as set forth in
Section 25-134
SECTION 25-176 SUSPENDED OR REVOKED PERMIT
Any permittee who receives an order from the Director of
• Utilities revoking or suspending a permit shall discontinue any
discharge covered by the permit after five (5) days from notice
of such order, unless within such five (5) day period the
permittee appeals such order to the Committee Any permittee
who has been notified by the Director of Utilities of a
suspension or revocation of a permit and does not timely appeal
such order or any permittee who has been notified of the order
of the Committee, after a hearing, of the revocation or
suspension of a permit and who continues a discharge covered by
a permit after the effective date of the revocation or
suspension of the permit may have sewage service terminated by
the Director of Utilities
SECTION 25-177 REINSTATEMENT OF SUSPENDED OR REVOKED PERMIT
The Director of Utilities shall reinstate a suspended
Industrial/Commercial Discharge Permit upon satisfactory proof
PAGE TWENTY-FIVE
to the Director of Utilities of corrective action of the
permittee of the conditions or discharge for which the permit
was suspended
A user whose Industrial/Commercial Discharge Permit has been
revoked must apply for a new permit and comply with all
provisions and conditions required as though a permit had not
been issued for such user
SECTION 25-178 through 25-180 RESERVED
PART III
That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof
to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the
City Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such
Invalidity
PART IV
That this Ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this Ordinance to be
published twice in the Denton Record -Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage
PASSED AND APPROVED this the day of %'r%J�i� 1982
C O ST W MAYOR
CI OF D TON, TEXAS
ATTEST:
CEIMOTTE 1TLLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C J TAYLOR, JR , CITY ATTORNEY
CITY /�WJ
OF DENTON, TEXAS
BY: `-" K�,
PAGE TWENTY-SIX
EXHIBIT F
SCHEDULE S3
WHOLESALE SEWER TREATMENT SERVICE FOR A GOVERNMENTAL
AGENCY DIVISION OR SUBDIVISION
-------------
APPLI�ON
Applicable to any municipal corporation, or other
governmental agency or subdivision which operates a sewer
collection system and contracts with the City of Denton for sewer
treatment service
NET MONTHLY RATE
(1) Facility Charge $125 00 per month
(2) Volume Charge $1 55 per 1,000 gals of effluent
Billing shall be based on one -hundred (100R) percent of
actual gallons measured by meter at one point
MINIMUM BILLING
$125 00 per month
INDUSTRIAL SURCHARGE
In addition to the above charge for commercial and
industrial, there will be added to the net monthly rate an
industrial surcharge based on the following formula
Cu"Vu ([Bu-2601 B + [Su-2601 S])
Where Cu is the surcharge for user X
Vu is the billing volume for user X
Bu is the tested BOD level for user X or 260 mg/l,
whichever is greater
B BOD per 1,000 gallons ($0 000590) is the unit
cost factor for treating one unit
Su is the tested SS level for user X or 260 mg/1,
whichever is greater
S ($0 000596) is the unit cost factor for treating
one unit of SS per 1,000 gallons
PAGE 37
PAYMENT
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance
SPECIAL FACILITIES
All services which require special facilities in order to
meet customer's service requirements shall be provided subject to
the special facilities rider
PRORATION OF UTILITY BILLS
(a) Billing for the Facility charge shall be based on 12
billings annually
Formula
Actual days in readin period x customer charge
3 ays
(b) Billing for the sewer effluent shall be based on 30 days
per month to determine the gallon effluent to be charged
to each rate block
Formula
Actual days in reading period x GAL in rate block x RATE
per 1,000 gallons in rate
block
PAGE 38
RESOLUTION REGARDING THE WASTEWATER SERVICE CONTRACT
BETWEEN THE CITY OF DENTON AND
THE TOWN OF HICKORY CREEK, TEXAS
The Town Council of the Town of Hickory Creek, Texas, in
public meeting duly called and held on the ! day of ,
1987, among other proceedings considered as a proper agenda item
the following Resolution
WHEREAS the Town of Hickory Creek, Texas is a duly organized
general law municipality, organized pursuant to Arts 961-1132,
Ch 1-11, Title 28, TEX REV CIV STAT ANN (Vernon 1963 and
Vernon Supp 1985), being a political subdivision of the state
of Texas,engaged in the administration of local government and
related services for the benefit of the citizens of the Town of
Hickory Creek, and
WHEREAS, the Town Council of the Town of Hickory Creek,
Texas has determined that it is necessary to provide a larger and
more efficient wastewater collection service to the citizens of
the Town of Hickory Creek because of increased development in the
Town and for the protection of area watersheds, and,
WHEREAS, the Town Council of the Town of Hickory Creek,
Texas,has found it in accordance with the public interest to seek
provisions for a wastewater collection service, and the City
of Denton, Texas,owns and operates a wastewater collection,
treatment, and disposal system, further encouraging cooperative
use of its facilities as a regional wastewater treatment and
disposal system, and,
WHEREAS, the Town Council of the Town of Hickory Creek,
Texas, has reviewed the alternatives to the wastewater situation
and is of the opinion that the best alternative would be a
cooperative agreement with the City of Denton, Texas, for
wastewater services, and,
WHEREAS, the Town Council of the Town of Hickory Creek,
Texas,and the City of Denton, Texas believe it would be in the
best interest of both parties to enter into a contract to
provide for the treatment by the City of Denton, Texas, of the
wastewater collected from the Hickory Creek wastewater system,
and,
LAW OFFICES OF DON R WINDLE, P C
RESOLUTION, PAGE 1
2220 San Jacinto Blvd , Suite 200, LB-8 • Denton, TX 76205 • (817) 565 1888 • Metro 430 0622
WHEREAS, the Town Council of the Town of Hickory Creek,
Texas, desires to enter into said contract,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF
HICKORY CREEK, TEXAS, THAT
1 It is hereby determined that it is necessary and in the
best interest of the public to provide a larger and more
efficient wastewater collection service to the citizens of the
Town of Hickory Creek
2 The City of Denton, Texas, owning and operating a
wastewater collection, treatment, and disposal system, encourages
cooperative use of its facilities as a regional wastewater
treatment and disposal system and has offered use of its system
to the Town of Hickory Creek
3 It has reviewed the alternatives to the wastewater
situation and is of the opinion that the best alternative is a
cooperative agreement with the City of Denton, Texas, for
wastewater services
4 It would be in the best interest of the Town of Hickory
Creek, Texas,to enter into a contract to provide for the
treatment by the City of Denton, Texas,of the wastewater
collected from the Hickory Creek wastewater system, and
5 The Town of Hickory Creek, Texas,desires to enter into
that certain Wastewater Service Contract proposed Between the
City of Denton and The Town of Hickory Creek, in the form
presented by the City Attorney to this meeting, a copy of which
is in the custody of the City Secretary, at the earliest
opportunity
6 A true and correct copy of this Resolution is hereby
ORDERED to be posted at the City Offices and the Community Center
of the Town of Hickory Creek, Texas, in a conspicuous public
place for a period of thirty (30) days after the execution of
this Resolution, said period beginning not later than
1987 and continuing for thirty (30) consecutive days thereafter
7 Effective with the passage of this Resolution, the
execution of that one certain Wastewater Service Contract Between
The City of Denton and The Town of Hickory Creek shall be
LAW OFFICES OF DON IL WINDLE, P C
RESOLUTION, PAGE 2
2220 San Jacinto Blvd , Suite 200, LB 8 • Denton TX 76205 • (817) 565 1888 Metro 430 0622
approved and executed by the Mayor and Councilmembers of the
Town of Hickory Creek, Texas
PASSED and APPROVED by the Town Council of the Town of
Hickory Creek, Texas on the day of _______9 1987,
pursuant to agenda item in regular se i n
Ile—
M K LOWERS, MAYOR
TOWN OF HICKORY CREEK, TEXAS
APPROVED AS TO FORM
AND AS TO CONTENT_
D6N R WINDL"E,
TOWN ATTORNEY
ATTEST
LAV RNE WARREN
T N SECRETARY
- Cou it Member
LAW OFFICES OF DON R WINDLE, P C
RESOLUTION, PAGE 3 • Metro 430 0622
2220 San Jacinto Blvd , Suite 200, LB 8 • Denton TX 76205 (817) 565 1888