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HomeMy WebLinkAbout2021-4317 - Ordinance - 12/09/2021ORDINANCE NO. 2021-4317 AN ORDINANCE AMENDING CHAPTER 40 “UTILITIES,” ARTICLE II “WATER AND SEWER SERVICE,” DIVISION 4 “INDUSTRIAL WASTE,” SECTION 40-163 “CITY OF BRYAN WASTEWATER” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTION 40-163 “CITY OF BRYAN WASTEWATER;” PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Part 1: That Chapter 40 “Utilities,” Article II “Water and Sewer Service,” Division 4 “Industrial Waste,” Section 40-163 “City of Bryan Wastewater” of the Code of Ordinances of the City of College Station, Texas, be amended by amending Section 40-163 “City of Bryan Wastewater,” as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. Part 2: That Section 40-163 “City of Bryan Wastewater” only applies to the City of Bryan Sewer CCN within the city limits of the City of College Station as shown in Exhibit “A”. Part 3: That if any provision of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. Part 4: That any person, firm, or corporation violating any of the provisions, rules, pretreatment standards or orders of this section shall be deemed guilty of a misdemeanor, civil or administrative penalty. Upon conviction or a finding thereof shall be punishable by a fine, civil penalty or administrative fine of not less than $1,000 per day for each violation, civil penalty or administrative fine and not to exceed $2,000 per violation per day for each violation, civil penalty or administrative fine at a minimum $200 per day for each violation, civil penalty or administrative fine. Each day such violation shall continue, or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED AND APPROVED this 9th day of December, 2021. APPROVED: Mayor ATTEST: City Secretary APPROVED: City Attorney ORDINANCE NO. 2021-4317 Page 2 EXHIBIT “A” That Chapter 40 “Utilities,” Article II “Water and Sewer Service,” Division 4 “Industrial Waste,” Section 40-163 “City of Bryan Wastewater” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 40-163. - City of Bryan Wastewater. (a) Incorporation by Reference. The City of College Station adopts and incorporates by reference into this Code: Chapter 122 “Utilities,” Article IV “Wastewater System,” Division 2 “Sewer Use,” Division 3 “Industrial Pretreatment Ordinance,” and Division 5 “Industrial Discharge Limits” of the Code of Ordinances of the City of Bryan as adopted by the City of Bryan as of November 25, 2013 and as further amended thereafter. This section only applies to the area shown on CCN Map 40-163(a), as amended. ORDINANCE NO. 2021-4317 Page 3 CCN Map 40-163(a) (b) Penalty. That any person, firm, or corporation violating any of the provisions, rules, pretreatment standards or orders of this section shall be deemed guilty of a misdemeanor, civil or administrative penalty. Upon conviction or a finding thereof shall be punishable by a fine, civil penalty or administrative fine of not less than $1,000 per day for each violation, civil penalty or administrative fine and not to exceed $2,000 per violation per day for each violation, civil penalty or administrative fine at a minimum $200 per day for each violation, civil penalty or administrative fine. Each day such violation shall continue, or be permitted to continue, shall be deemed a separate offense.