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HomeMy WebLinkAbout1998-2318 - Ordinance - 03/26/1998ORDINANCE NO. 2318 AN ORDINANCE AMENDING CHAPTER 11, "UTILITIES", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: PART 2: PART 3: That Chapter 11, "Utilities", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. That if any provisions 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 remainin~ provisions or sections of this ordinance, which shall remain in full force and effect. That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty=five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). 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 publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 26th day of March, 1998. ATTEST: APPROVED: CONNIE ttOOKS, City Secretary ~ McILHANEY, Mayor~ .Is~c:~wtndow~winword~llmar98~.hl Iffy. 4/24/98 ORDINANCE NO. 2318 Page 2 EXHIB1T "A" Amend Chapter 11, "Utilities", in its entirety to read a~ follow~: "SECTION 1: GENERAL PROVISIONS DEFINITIONS (1) Automated Collection: The collection of municipal solid waste by a gafoage truck equipped with a mechanical ILRing device which will empty gnd~ge containers. (2) Automated Container: A container provided by the City of varying capacity used for gnrbage collection. (3) Bag: Plastic sack or trash compactor sacks designed to store refuse and having sufficient wall strength, a thickness of no less than two (2) mils, to mai~tni, physical integrity when ILqed nt the top, the opening closed by tie or other seal. (4) Biochemical Oxygen Demand (BED): The quantity of oxygen utilized in biochemical oxida- tion of O ~i'~mnic matter under stanclard laborlRoty prooxlur~ in five (5) days at twenty degrees Centigrade (20°C), expressed in parts per million by weight. (5) Brush: Cuttings or trinunings from trees, shrubs, or lawns nmi similnr materials. (6) Building Drain: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other dr~innge pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') outside the inner face of the building wall. (7) Building Sewer: The extension from the building drain to the public sewer or other place of disposal. (8) nancy waste: Large objects or stable matter with wei.gh an.d/or di? io .ns and propoSe, ns greater that those allowed for in basic collection, including but not unuteci to stoves, remg- erators, water tanks, washing machines, furniture, loose brush, loose tree limbs and trim- mings, and bundles in excess of fil~ pounds (50 lb.) in weight. This definition shall excludes household waste, construction debris, dead animals or b~Tnrdous waste. (9) Bundle: Loose objects of the same characteristics, such as tree, shrub or brush trimmings, or papers and magazines, securely tied together forming an easily handled package not exceed- ing three cubic feet (3 cu.fi.) in volume, or fifty pounds (50 lb.) in weight or four feet (4') in length. (10) Chlorinated Fluorocarbon (CFC): A refrigerant used in freezers, refrigerators, and air condi- tioners. (11) Church: A place for the purpose of religious study, wors.hip, fellowship,,, edu.cafi.on and contemplation, including but not limited to a sanctuary, parish house, puonc scnool, paro= chial school, rectory or convent. For the purpose of this ordinance, real property used as a church shall be considered a commercial usage. (12) (13) (14) City: The City of College Station located in Brazos County, Texas. Collection: The act of removing solid waste (or materials that have been separated for the purpose of recycling) for transport elsewhere. Commercial Customer: Any enterprise or establishment whose main ~ is to carry on a commercial activity whether for profit or not. Said definition shall include all uses not j~ie:i,~ndowsiwmwordUlmar98k:hl lr~v. do~ 4/24/98 ORDINANCE NO. 2318 Page 3 falling within the category of Residential I, Residential II or Residential III; including, but not limited to churches, hospitals schools, industries and utilities. (15) Construction Demolition Waste: Waste resulting from construction or demolition projects; includes all materials that are directly or indirectly the by-products of construction work or that result from demolition of buildings and other structures, including, but not limited to, paper, canons, l~psum board, wood, excelsior, rubber, and plastics. (16) Consumer: Every natural person, firm, pannership, joint venture, association, corporation, governmental entity or other entity which owns real property in the jurisdictional limits of the City of College Station, Texas. (17) Cufloline: The area directly behind the curb. in the absence of a curb, the area directly behind the edge of roadway. (18) Customer: A person, finn, partnership,.joi.nt venture., ass~., ia~.o.n, corporation, governmental entity or other entity receiving any provutea service Irom me t;lty. (19) Dead Animal: Any animal or portion thereof, having expired from any cause. (20) Direaor: City official appointed by the City Manager, whose responsibility is the overall direction of a specific department or division. (21) Discard: To abandon a material and not use, re-use, reclaim, or recycle it. A material is abandoned by being disposed of; burned or indnerated (except where the material is being burned as a fuel for the purpose of recovering usable eneriy); or physically, chemically, or bioloEically treated (other than burned or incinerated) in lieu of or prior to being disposed. (22) Discharge: Includes deposit, conduct, drain, emit, throw, nm, allow to seep, or otherwise release, or to allow, permit, or suffer any of these acts or omissions. (23) Disposal Site: A managed area of land upon which solid waste is disposed of in accordance with standards, rules or orders established by the Texas Natural Resource Conservation Commission (TNRCC). (24) Garbage: Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce. (25) Grease Trap Waste: A special waste collected from commerdal units containing grease, sand, and grit, whether solid or liquid form. (26) Handicapped Household: A residential dwelling unit where all adult occupants are certified by a licensed medical doctor as being physically incapable of transporting Municipal Solid Waste to the property curbside. (27) l-lnT~rdous Substance: Those materials as defined in City of College Station, Texas, Ordi- nance No. 1820 approved September 14, 1989. (28) Hazardous Waste: Any solid or liquid waste identified or listed as a ]m?~rdous waste by the administrator of the United States Environmental Protection Agency (EPA) pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 USC, §6901 et seq., as amended. (29) Hospital: A building or portion thereof, used or designed for the housing or treatment of the sick, aged, mentally ill, injured, or infirm persons; provided that this definition shall not include moms in any residential dwelling, hotel, or apartment hotel. For the purpose of this ordinance, real property used as a hospital shall be considered a commercial usage. (30) Household Waste: Any solid waste (including gafoage, tr~__.~h, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels, and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic Erounds, and day- isle: I wmdow~l wlnwordl ! lmar98~:h I I r~v. do~ 4/24/98 ORDINANCE NO. 2315 Pnge 4 use recreation areas); excluding yard waste or brush that is completely free of any household wastes. (31) Industrial: Real property on which manufacture or assembly is carried on for profit, employ- ing labor or machinery. (32) Industrial Solid Waste: Solid waste resulting from or incidental to any process of industry, manufacturing, mining, or agricultural opemtious. (33) Inert Material: A naturally occurring non-putrescrible material that is essentially insoluble such as soil, dirt, clay, sand, gravel, and rock. (34) Infectious Wastes: Waste material containing pathogens or biologically active materials which because of its type, concentration, and quality are capable of transmitting disease to persons exposed to the waste materials. (35) Leachate: A liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste. (36) Lead Acid Battery: A seconclary or storage batte~ tlmt uses lead as the electrode and dilute sulfuric acid as the electrolyte and is used to generate electrical current. (37) Liquid Waste: Any waste material that is determined to contain "free liquids# as defined by EPA Method 9095 (Paint Filter Test) as described in "Test Methods for Evalnating Solid Wastes, Physical/Chemical methods" (EPA Publication Number SW-846). (38) Litter: Any man-made or man-used object, orphic or inorganic material, or solid waste and specifically includes trash which is not placed in: a container, or an authorized sanitary waste disposal site; or another approved area, depository, a vehicle designated for transport or disposal of litter, trash, §arbage or waste. (39) Man-mnde Inert Material: Those non-putrescible, essentially insoluble materials fabricated by man that are not included under the definition of rubbish. (40) Medical Waste: Animal waste, bulk blood and blood products, microbiological waste, patho- logical waste, sharps, and special waste from health care-related facilities as those terms are defined in 25 TAC Section 1.132 (Tex. Dept. of Health, Definition, Treatment, and Disposi- tion of Special Waste from Health Cae-Related Facilities). The term excludes artificial, non-human materials removed from a patient and requested by the patient, including but not limited to orthopedic devices and breast implants. (41) Municipal N_nTnrdous Waste: Any municipal solid waste or mixture of municipal solid wastes that has been identified or listed as a b_n_?~rdous waste by the administrator, United States Environmental Protection A§ency. (42) Municipal Solid Waste: Solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activity, including garbage, rubbish, ashes, street cleaning, dead animals, abandoned vehicles, and all other waste, excluding industrial solid waste and lm~,n~dous waste or substances. (43) Municipal Solid Waste Facility 0VISW facility): All contiguous land, structures, other appurtenances, and improvements on the land used for processing, storing, or disposing of solid waste. A facility may be publicly or privately owned and may consist of several processing, storage, or disposal operational mtits, e.g., one or more landfills, surface impoundments, or combinations of them. (44) Natural Outlet: Any outlet into a ,a~tercourse, pond, ditch, lake, or other body of surface or groundwater. (45) pH: The logarithm (base 10) of the reciprocal of the hydrogen ion concentration of a solu- tion. js~: ~windows~w~nword~l ~mar98~¢b I l rev. doc 4/24/98 ORDINANCE NO. 2318 Page (46) Poilu_m_m: Conlaminated dredged spoil., solid waste, ?.n .~. t~l. '.t~.in.e. rat. or re~id.u.e, sewa~, sewage sludge, munitions, chenncal wastes, or biologicat matenms msennr~ea mm water. (47) Pollution: The man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of an aquatic ecosystem. (48) Premises: An estate including land and buildings thereon contiguous and under one owner- ship. (49) Properly Shredded C-nflmge: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one- hnl~' inch (1/2") in any dimension. (50) 1%trescible Waste: Organic wastes, such as gad)age, waste water treatment plant sludge, .and grease trap waste, that is capable of being decomposed by microorganisms with sufficient rapidity as to cause odors or gases or is capable of providing food for or attracting birds, (51 ) Recyclable Material: A material that has been recovered or diverted from the non-hazardons for of rem, or . ation, a por o.n of.w h is consistently used in the manufacture of products that may omermse ne proaueea ns~ g raw or virgin materials. Recyclable material is not solid waste. However, recyclable mate- rial may become solid waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be solid waste with respect only to the party actually aban- doning or disposing of the material. (52) Recycling: A process by which materials that have served their intended usc or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. Except for mixed municipal solid waste composting, that is, composting of the typical mixed solid waste stream generated by residential, commercial, and/or institutional sources, recycling includes the composting process if the compost material is put to beneficial use. (53) Recycling Drop-off' Center: A location, either tempora~ or permanent, within the City of College Station established for the receipt of recychble solid waste including, but not limited to, aluminum, metal and glass. (54) Residential I: Low Density Dwellings. Housing units designed for low density occupancy (e.g. singie family homes, duplexes). (55) Residential Il: Medium Density Dwdlings. Housing units designed for medium density occupancy (e.g. Four-plexes). (56) Residential III: High Density Dwellings. Housing units designed for high density occu- pancy (e.g. Apartment complex units, fraternity/sorority houses). (57) Residential Unit: A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four (4) families. Any dwelling, whether of single or mnlti-level construction, consisting of four or fewer contiguous or separate single- family components, sl~ll be treated as a residential unit, except that each single-family dwelling component w/thin any such residential unit shall be charged and billed as a (58) Right-of-Way: Real property owned in fee simple or as an easement interest for the purpose of placing utilities or roadways. For the purpose of this ordinance, real property used as fight-of-way shall be cousidered a commercial usage. js~c:~wtndow~iwmwordVImar981ebJ lrev. do~ 4/24/98 ORDINANCE NO. 2318 Page 6 (59) (60) (61) (62) (63) (64) (65) (66) (67) (68) (69) (70) (71) ('/2) Rubbish: Non-putrescible solid waste (excluding ashes) consisting of both combustible and noncombustible waste materials. Combustible waste materials include but are not limited to paper, rags, cartons, wood, excelsior, furniture, rubber, plastic, yard trimmings and leaves. Noncombustible waste materials include but are not limited to glass, crockery, tin cans, aluminum cans, metal furniture and other materials that will not burn at ordinary incinerator temperatures of 1,600 degrees to 1,800 degrees Fahrenheit. Salva~ng: Thc controlled removal of waste materials for utilization, recycling, or sale. Sanitary Sewer: A sewer which carries sewage and to which storm, surface, and ground- waters are not intentionally admiV, ed. Scavenging: The uncontrolled and unauthorized removal of materials from any container, bag or nmeptacle within the corporate limits of the City. Scrap Tire: Any tire that can no longer he nsed for its original intended purpose. Sewage: A combination of the water carried wastes from residences, commercial buildings, institutions and industrial establishments. Sewage Treatment Plant: Any arrangement of devices and structures used for treating sewage. Sewer: All facilities for colleeting, pumping, treating, and disposing of sewage. Special Waste: Any solid waste or combination of solid wastes that because of its quantity, concentration, physical or chemical characteristics, or biological properties requires special handling and disposal to protect the human health or the environment. Iff improperly handled, transported, stored, processed or disposed of or othen~ise managed, it may pose a present or potential danger to the human health or the environment.] Special Waste from Health-Care-Related Facilities: Includes animal waste, bulk human Mood, blood products, and body fluids, microbiological waste, pathological waste, and sharps as defined in 25 TAC §1.132 (relating to Definitions). Suspended Solids (SS): Solids which either float on ~ surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. Stomgs: The holding of solid waste for a temporary period, at the end of which the solid waste is processed, disposed of, or stored elsewhere. Facilities established as a nonputresci- ble recyclable wastes, for consolidation of parking lot or street sweepings or wastes collected and received in sealed plastic bags from such activities as periodic citywide cleanup campaigns and cleanup of rights-or way or roadside parks, or for accumulation of used or scrap tires prior to transportation to a processing or disposal site are considered examples of storage facilities. Storage includes operation of pre-collection and post-colloction as follows: (a) Co) Pm-collection-that storage by the generator, normally on his premises, prior to initial collection; Post-collection that storage by a transporter or processor, at a processing site, while thc waste is awaiting processing or transfer to another storage, disposal or recovery facility. Storm Drain (sometimes termed storm sewer): A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. Tire: A circular continuous cushion or part thereof designed for encircling a wheel to facili- tate vehicular movement. JsXe: Ivanaknvs~winword~ l ;mar98~ch l l r~,~.doc 4124/98 ORDINANCE NO. 2318 Pnge 7 Bo Toxic Waste: Any solid or liquid waste identified or listed ns a ImTs, nlous waste by the administrator of the Federal Environmental Protection Agency (EPA) pursuant to the Federal Solid Waste Disposal Act, ns amended by the Resource Conservntion Recovery Act, 42 USA. 6901, et seq. ns amended from time to time. ("/4) Transportation Unit: A truck, trailer, open-top box, enclosed container, rail car, piggy-hack trailer, ship, barge or other transportation vehicle used to contain solid waste being trans- ported from one geographical area to another. (7~) Transporter: A person who collects and transports solid waste; does not inclmle a pevmn transporting his or her household waste. (/6) Unprepared Solid Waste: Any solid waste garbage, blaL~h, rubbish or yard waste which has not been placed in an approved container or prepared for collection nmi is in contact with the (77) Utilities: Any property or facility owned by a private or public utility, for the purpose of providing water, sewer, solid waste, drainage or electric service. (78) Vacant Land Area: Land held and maintained in its natural state. (79) Vector: An agent, such ns an insect, snake, rodent, bird, or nnimal capable of mechanically or biologically transferring a pathogen from one organism to another. (so) Watercourse: A channel in which a flow of water occurs, either continuously or intermit- tently. (~1) White Goods: Major appliances such ns refrigerators, freezers, washing machines, dryers, hot water heaters, stoves, dishwashers, etc. DEPOS1TS AND CONNECTION FEES REQUIRED FOR UTILITY SERVICE Any person, firm, or corporation desiring utility service from thc City of College Station, Texas, shall be required as a prerequisite for such sendce to furnish a utility security deposit and pay an administrative charge covering thc cost of labor for the connection of utility service. RESIDENTIAL SERVICE (1) Minimum Deposit Required Residential Customers as a condition for obtaining connection for electricity and/or water, or for continuing such connections if they hnve already bocn made, must make a deposit with the City of College Station in thc minimum amounts ns set in Section 2 and 4 of this ordinance for each unit desired: (2) Deposit Returned Residential Customers who have twelve (12) consecutive months of service with not more than two late pa~rments may request that thc deposit be returned to them by the City of College Station. A subsequent failure to maintain a good payment history shall be deemed ns just cause to require a subsequent cash deposit. (3) Exceptions From Deposit A residential customer may be exempt from deposit if: Thc customer provides a letter from another utility company verifying good payment history. The service must have been provided to the same individual or corporate entity applying for utilities in College Station. js~c : ~vandows~ vanword~ qmar981ch I I rev. doc 4/24/98 ORDINANCE NO. 2318 Page 8 Do Fo A subsequent failure to maintain a good payment record shall be deemed as just cause to require a subsequent deposit. COMMERCIAL AND INDUSTRIAL CONSUMERS (1) Deposits Required Any commercial establishment or industri~ user, as a condition for obtaining connections and service for electricity or water, or for continuing such connections and service if they have already been made, shall make a deposit with the City of College Station in an amount sufficient to cover thc estimated consumption of electric current and water for an average eight week period. The estimate of such consumption shall be made by the Supervisor of the Utility Billing .D~ent or his deputy. Such deposit may be made in the form of cash, the p~.ging nmi asmgnment of a certifi.ca~ of .deposit, a valid non ..-d~cumen..taty bank !etter of t' or placement of a surety bond with an insurance company hcensed to do business in Texas, with the best bond rating as accepted by the City Finance Department. (2) Deposit returned Commercial and industrial customers who have twenty-four (24) consecutive months of service and have established a prompt payment record may request that their deposit be released by the City of College Station. A subsequent failure to maintain a good payment rocord shall be deemed as just cause to require a deposit as outlined in subsoction I of this section. (3) Exceptions From Deposit A commercial or Industrial customer who provides a letter from another utility company verifying a good payment record may be exempt from deposit. The service must have been provided to the same individual or corporate entity that is the utility customer in College Station. A subsequent failure to maintain a good payment record shall be deemed as just cause to require a deposit as outlined in subsection I of this section. DEPOSIT I~QU[REMENTS The deposit requirements of this ordinance are hereby intended to be minimum deposits only. ACCESS TO METERS Thc provision of utilities is a contract entered into by thc City and its customers. The customer shall provide access to meters for reading and service; and in view of that fact, no authorized City represen- tative shall be denied access to meters. Adequate access is a condition procedent to the receipt of utility service from the City. Access is also a requirement of continued service. Failure to provide access shall be thc basis for termination of service. For the purposes of this section, "adequate access" is defined as the ability of an authorized City representative to get to a meter without visual aids or without the presence of the customer. Adequate access also requires the authorized City representa- tive to be able to get to a meter without threat of bodily injury. tr an authorized City representative determines that he docs not have adequate access, he will so notify thc property owner by tagging the door of the premises. The representative will tag thc prem- ises no more than on three separate occasions. Utility usage will be estimated during these billing periods. On the fourth occasion access is denied, the Utilities Office Manager or his delegate will notify the customer in writing, by certified letter, giving the customer ten (10) days to provide access. Failure to come into compliance within the ten (10) day period shall be grounds for termination of service. In thc event that the property owner has not come into compliance within ten (10) days, he will be charged the cost of disconnection and reconnection of service whether or not service is actually terminated. js~:Iv~ndows~vanword~tlmar98Iehl lr~v. doc 4/24/98 ORDINANCE NO. 2318 Page 9 CERTAIN CONDUCT AFFECTING WATER METERS PROHIBITED; Unless written permission is first obtained from the Director of Public Utilities of said City, it shall be unlawful for any person, other t_~n an officer or employee of said City within said dcpamnent of public utilities, to knowingly or intentionally tap onto or connect or cause to be tapped onto or connected any pipe with any water distribution main or line owned by said City, disconnect or cause to be disconnected any such water meter from any such water distribution main or line owned by said City, or remove or cause to be removed the cover from any such water meter. CERTAIN CONDUCT AFFECTING ELECTRICAL METERS PROHIBITED (1) Unlawful Acts It shall be unlawful for any person, other than an officer or employee of the City of College Station within thc Department of Public Utilities or Fire Department, to knowingly or inten- tionally remove or cause to be removed any electrical meter owned by said City from any electrical meter terminal box; remove or cause to be removed the cover or any other part or portion from any such meter or terminal box, or loosen or cause to be loosened any part or portion thereof; insert or cause to be inserted any foreign object or inject or cansc to be injected any foreign substance into any such meter or terminal box; make or cause to be made any adjustment in the mechanism of any such meter, tap onto or connect or cause to be tapped onto or connected any wire to the supply conductor of any such terminal box; to deny access at any time to any meter by enclosing the meter within a fence without available means of passage, or by enclosing the meter within any structure, or by harboring vicious or threatening animals in the vicinity of the meter. (2) Defense to Prosecution In the prosecution of any offense charged under paragraph (1) above, it shall be a complete defense to such offense if the person charged shows to tie court by legal and competent evidence that such meter was removed for purpose of protecting life or preserving property from being immediately threatened by a fire on the premises served by such meter; that such meter was removed for the purpose of preventing a fire to the structure served by it due to a short circuiting in the electrical conductor between the terminal box in which such meter was housed and a main line switch or fuse box; or that such meter was removed by a duly licensed electrician to facilitate the repair of defective electrical conductor or for checking supply'voltage, and at a time when an employee of the City within said Department of Public Utilities was not available to remove such meter. (3) Removal ~ Licensed Electrician In the event of the removal of any electrical meter by a duly licensed electrician tm. der thc circumstances enumerated in Section 2 above, the fact of such removal and the circum- stances permitting the same must be reported to the Superintendent of the Electric Division of said Department of Public Utilities by such clectrician not later than one (1) hour after the commcncement of the work day of such municipal employee next following such removal. (4) Certain Conduct Affecting Electrical Meters Prohibited Unless written permission is first obtained from the Director of Public Utilities of said City, it slmll be unlawful for any person to knowingly or intentionally: (a) Remove or loosen any part or portion of an electrical meter or terminal box. Insert or inject a foreign object or substance into any electrical meter or terminal box. (c) Make any adjustment in the mechanism of an electrical mcter or terminal box. (d) Enclose within a fence or structure without available means of passage any electri- cal meter or terminal box. j slc : l windowsi w~nwordU Imar98ich l l r~v. doc 4/24/98 ORDINA_NCE NO. 2318 Page 10 Enclose within a fence and in the presence of a vicious or threatening animal any electrical meter or terminal box. A violation of any portion or provision of this section shall constitute prima facic evidence on the person having subscribed for elearic service or the person having the custody, control, or manngcment of the building, room, or place for which such subscription is made. PAYMENT OF BILLS Payments must be received at the City utility office on or before the due date to avoid late charges. Payments received after the due date will be assessed a penalty equaling ten percent (10%) of the current monthly charges with a minimum charge of Three Dollars ($3.00). DISCONNECTION AND RECONNECTIONS (1) When Utility Connections May Be Severed (a) Ail utility connections may be severed for any customer who fails to pay all or any part of his total bill by thc duc date. Any person found to be in violation of any section of the chapter shall be served a written notice stating thc nature of the violation. Thc City is authorizzd to immedi- ately disconnect the offending person's service upon such notice and to not recon- nect the service as long as the violation continues. (2) Restoration of Services When connections for services have been severed, or are considered to be severed, the same shall be restored oniy when all amounts due the City have been paid in full. The fee for such recounections shall be set by AdminisUative Policy. All connections, reconuections and disconnections shall be made only by an author- ized representative of the City. SECTION 2: WATER AND SEWER SERVICES A. WATER SERVICE Resident customers ming water within the corporate limits of the City shall have a service charge-and a usage charge as established in Section 2, Sub-Section E. B. SEWER SERVICE Co (1) Individually metered Residential I or II cmtomcrs ming sewage service for household purposes shall have a service charge and a usage charge as established in Section 2, Sub- Section E.. (2) Non-individually metered Residential I and II customers and all Residential III customers using sewage service for household purposes, shall have a monthly charge as established in Section 2, Sub-Section E. All commercial and/or industrial business establishments within the corporate limits of the City shall have a service and usage charge as established in Section 2, Sub-Section E. WATER AND SEWER CONNECTIONS All customers connecting to the water or sewerage system within or outside the corporate limits of the City will have a service charge as established in Section 2, Sub-Section E. jsic: iv~ndowslv~nwor& t lmar981chl Iffy. doc 4/24/98 ORDINANCE NO. 2318 Page 11 WHEN SEWER CONNECTIONS REQUIRED (1) Proximity to Public Sewer Every owner of a building or part thereof.occu, pi_e~, by people for ~ purpo .se, ~ pan of the day or night, situated on any City block in the City where a public sewer is laid and main- lained within one hundred fifty feet (1507 from the nemest lot line on which said building is located is required to install within said building or pan of a building a water closet or water closets and have them connected to the sewer. Owners of buildings coming within the tenns of this subsection and located on ncrenge tracts shall he required to install a water closet or water clese~s and connect same to the sewer if the said building at its nearest point is within two himdred fifty feet (250') from the sewer. Said water cioseis shall, when required, discharge into the sewer. (2) Workmanship and Materials All workmanship and materials used in installing water closets required under this subsec- lion shall comply with the requirements of the City plumbing ordinance. O) Written Notice Written notice shall be given by the plumbing inspector to property owners violating para- graph (1) of this subsection, said notice to inform the property owner that the water closet sh_nil he installed and sewer connection made not later than sixty (60) days after date of the notice. (4) Contractors to Provide Facilities Contractors and others who employ worhnen outside of buildings shall provide water closet facilities acceptable to the plumbing inspector, within twenty-four (24) hours of time of notice of such requirement. Said facilities shall be maintained in sanitary condition. WATER AND SEWER RATES, DEPOSITS, USAGE CHARGES AND FEES (1) Deposits and Connection Fees Required for Water Service Any person, firm, or corporation desiring water service from the City of College Station, Texas, shall be required as a prerequisite for such service to furnish a security deposit equal to the amounts outlined below; Residential Customers: Water Deposit - $30.00 Water Connection Fee - $12.50 Commercial and Industrial Customers: Water Deposit - Any commercial establishment or industrial user, as a condition for obtaining connections and service for water, or for continuing such connections and service if they have already been made, shall make a deposit with the City of College Station in an amount sufficient to cover the estimated consumption of water for an average eight week period. The estimate of such consumption shall be made by the Supervisor o£thc Utility Billing Department or his deputy. Such deposit may he made in the form of cash, the pledging and nssil~mnent of a certificate of deposit, a valid non-documenta~ bank letter of credit, or placement of a surely bond with an insurance company licensed to do business in Texas, with the best bond rating as acceptable by the City Finance Department. Water Connection Fee - $25.00 j~k~: imndows~v~nword~ ltmar98~h I I ray. doc 4/24/98 ORDINANCE NO. 2318 Page 12 (2) (3) Rates for Water Service All customers using water within the corporate limits of the City shall have a serv- ice charge based on the water meter size and a usage charge as follows. Meter Size Service Charge 5/8" $ 8.30 per month 3/4" $ $.30 per month 1" $ 10.45 per month 1.5" $ 15.50 per month 2" $ 24.50 per month 3" $ 77.40 per month 4" $115.00 per month 6" $140.00 per month Usage Charge: $ 2.03 per 1,000 gallons Subject to nvailable capacity under present City of College Station load require- merits, present system capability, anticipated load requirements, and anticipated system capability, thc City of College Station City Council may enter into contracts for the sale of water outside thc City's corporate limits. Ail customers receiving water service under contract where thc water rates are not nddressed in the contract shall pay 1.25 limes the amounts set forth above. In the event thc City of College Station is unable to meet the water service denmnds of its resident customers and/or those customers outside the City of College Station corporate limits then resident customers shall receive preference in service. (e) TempormT meters for construction purposes may be obtained for a fee of $300.00. Rates for Sewerage Service For resident customers using sewerage service for household purposes, individually metered single family, individually metered duplex family residences, within the corporate limits of the City: Service Cha~ge: Usage Charge: Maximum Billing: $14.15 for first 4,000 gallons of water metered $2.40 per 1,000 gallons of water usage for thc next 4,000 gallons of water metered. $23.75 cap for metered water is 8,000 gallons For resident customers using sewerage service for household purposes, multi-family residences (non-individually metered single family, non-individually metered duplexes, triplexes, quadruplexs, apartments, fraternities, sororities, etc.) within the corporate limits of the City: Monthly Charge per Household: $20.00 (c) For resident customers using sewerage service for commercial and/or industrial business establishments within the corporate limits of thc City: Service Charge: Usage Charge: $6.95 per month $2.40 per 1,000 gallons of water usage. Ail customers receiving sewer service under contract where thc sewer rates are not addressed in the contract shall pay 1.15 times the amounts set forth above. js~c: IvnndowtlwinwordUIrnar981chJ I r~v. doc 4/24/98 ORDINANCE NO. 2318 Page 13 (4) Water and Scw~ Tap Fees (a) Fee for Water Tap (i) For customers, whether single-family, multi-family, or commer- cial and/or industrial, connecting to the water system within or outside the corporate limits of the City will have a service charge based on water tap size. Service Charge: Tap Size Previous Chn~gc Charge 3/4" $ 200 $ 4OO 1" $300 $ 500 1.5" $ 6OO $ g00 2" $ 900 $1,500 3" $2,300 $1,300 4: $3,300 $2,000 Boring/Street Cut Charge: $15 per foot (ii) For 3" and 4" water taps, the service charge includes only the purchase of thc meter and an inspection fee. Meters of this size must be purchased from the City. Developer is responsible for the making of thc tap according to City specifications and is subject to City inspection. (iii) For those taps which require boring beneath a street or thorough- fare or requiring the street to be cut, an additional $15 per foot of boring or cut charge will also be assessed. (b) Fee for Sewer Tap 0) For customers, whether single-family, multi-family, or commer- cial and/or industrial, connecting to thc wnstewater system within or outside thc corporate limits of the City will bavc a service charge based on sewer tap size. Service Charge: Tap Size Previous Charge Charge 4" $175 $350 6" $250 $100 Boring/Street Cut Charge: $15 per foot (ii) For 6" sewer taps, the service charge includes only an inspection fee. Developer is responsible for the making of the tap according to City specifications and is subject to City inspection. (iff) For those taps which require cutting a street or thoroughfare, an additional $15 per foot of cut will also be assessed. (c) Materials and Equipment All materials and equipment used in making any utility connection remains the property of thc City of College Station, Texas. ds~c:~ndo~s~nnwordVImar98~chl lrev. doc 4/24,/98 ORDINANCE NO. 2315 Page 14 (5) General Provisions (a) The Water/Wastewater Field O~-mtions Superintendent, or his rel~.resentative, shall be notified of any new servace locations or changes in senace levels. The superintendent can require changes in service levels at any location when the current service is inadequate or is causing a health or service problem. Payments must be received at the City Utility Office on or before the due date to avoid late charges. Payment received after the due date will be assessed a penalty equaling ten percent (10%) of the current month's charges with a minimum charge of Three Dollars ($3.00). The char~s provided for in this resolution shall supersede ali charges for water and sewer service set in any previous resolutions passed by the City of Colle~ Station. SECTION 3: WATER AND SEWER MAIN EXTENSION POLICIES A. REIMBURSEMENT FOR THE EXTENSION OF WATER AND SEWER MAINS (1) Application The owner of a lot or tract of land who constructs a water or sewer main (herein-after re~erred to as "Developing Owner") to extend service to their property and dedicates such main to the City for public use may be reimbursed for the extension cost from other line users who connect to such line provided: (a) Developing Owner files a completed application for reimbursement for costs expended for the design and construction of the main on or before the commence= ment of construction of such line with the Office of the City Engineer. (i) The application for reimbursement may be obtained at the Office of the City Engineer, (ii) The application shall not be considered completed unless all information requested on the application has been provided by the applicant. Ali incomplete applications shall be returned to the applicant. Developing Owner's Engineer shall identity lots or tracts that front on the water and/or sewer main extension, and that can physically be served by the extension, in the application. Each lot or tract identified shall include the legal description, street address and name of the current owner and the total acreage of each tract. Identifi- cation and suitability of service of lots or tracts shall be subject to final approval by the City Engineer. (c) Developing Owner retains a licensed engineer to design and observe construction of the line in accordance with the Bryan/College Station Uniform Design Manual, City specifications, and all applicable state and federal requirements. Design and construction documents are reviewed and approved by the office of the City Engineer. (e) The constructed improvements are inspected by the City's inspector. Developing Owner provides affidavit of bills paid for design and construction costs to City Engineer. (g) Sewer/water main is accepted by the City Engineer for public use. js~c:iwlndowsiwtnwora~tlmar98~ehl lr~v. doc 4/24/98 ORDINANCE NO. 2318 Page 15 Bo Co CONNECTION BY SUBSEQUENT USERS (1) After such line has been accepted by the City Engineer for .p~..li¢ use,..ofl}.er prol~, rty ow~..ers (M. relnafter referred to as "line users") may connect to such line to obtain sernce provided that each line user first pays his proportionate share for the cost of construction of the line to the City. (~-) Payment from each line user shall be due and owing at the time of the issuance of a permit for the connection to the sewer or water main. OVERSI~. PARTICIPATION Prior to the construction of a proposed sewer or water main by the Developing Owner, City may request that the main be oversized. If City makes such a request, Developing Owner shall be eligible for oversize participation in accordance with City Subdivision Regulations contained in Section 9, Chapter 9 of the Code of Ordinances of the City of College Station as it currently exists or as may be amended from time to time. (2) Oversize participation payment shall be governed by Chapter 9, Section 9, of the City of College Station Code of Ordinances. CALCULATION OF RATE BY ACREAGE (1) The rate charged to line users shall allocate the cost of the extension on a per acre bosis. (2) The rate shall be calculated as follows: RATE = ENGINEERING + CONSTRUCTION COSTS TOTAL ACREAGE SERVED TOTAL ACREAGE CHARGE PAYABLE BY LINE USERS (1) The per acre rate shall apply to all property regardless of its depth or front footage. (~) If a structure spans across more than one lot or tract of land, the total acreage amount due from that live user shall be based upon the total acreage of all lots occupied by the structure. O) Should an identified property be subdivided after the rate has been paid by line user, then the terms of this section shall not apply. (4) The charge for line users shall be determined as follows: CHARGE = (ACREAGE OWNED x RATE) (s) The acreage charge for each property to be served by the line or main shah be determined by thc City Engineer at the time an application is filed by a Developing Owner. (6) This section shall be applied to all of the lots or tracts of land accepted for final designation by the City Engineer. (7) The number of lots or tracts designated by Developing Owner may not be amended after the City Engineer has calculated the acreage rate. Designated lots or tracts that do not connect to the line shall not be required to pay an acreage charge. (s) Lots or tracts not identified by Developing Owner's Engineer shall not be subject to acreage charges nor shall Developing Owner be reimbursed for undesignated lots or tracts. (9) Developing Owner shall not be reimbursed for lots or tracts he/she owns. Ss¥:lwindows~vnnwor&ltmar98~chl lrev. doc 4/24/98 ORDINANCE NO. 2318 Pnge 16 Ho TRUST FUND The City ~hnii establish a trust fund for the purpose of reimbursing a Developing Owner for constructing water or sewer mains. REIMBURSEMENT FROM TRUST ACCOUNT (1) (2) The total acreage charge received from subsequent line users for connection to the water or sewer main shall be deposited into the trust fund established for reimbursement of the Devel- oping Owner by City. After a line user connects to the sewer or water main, the acreage charge advanced for said tmet shall be refunded to the Developing Owner from the trust account. NOTWICATION O) (2) (3) It is the Developing Owner's responsibility to notify the City Finance Department of any change of addres~ or account number established by Developing Owner for payment. Should Developing Owner fail to notify City and payment made by City is returned, such reimbursements shall be retained in the trust account until such time that Developing Owner contacts City Finance Department either in person to collect any outstanding reimbursement or provides a new address in writing at which reimbursements may be mailed. City will notify potential line users as identified by developing owner(s) of the water/sewer main installation as follows: upon submittal by developing owner(s) of thc engineer's cost estimate; and again Co) upon the commencement of construction of said line. NONLIABILITY The City shall not be liable for its failure to collect any acreage charges from designated lots or tracts from line users. However, this shall not prevent any Developing Owner from pursuing thc collection of these charges individually. APPLICABILITY The above methods shall be available only for use by a property owner to secure water and/or sanitary sewer service for their property. FOXFIRE AND SANDSTONE SUBDIVISIONS SANIT~Y SEWER SERVICE MASTER PLAN AND ENFORCEMENT (1) Master Plan Interpretation, Implementation and Enforcement The master sanitary sewer plan for the Foxfire drainage basin as prepared by Municipal Development Group dated July 1987 shall be interpreted, implemented and enforced by the office of the City Engineer for thc purpose of providing an efficient sanitary sewer system to (2) Dcsign ofSewerLines Sewer lines shall be designed and cons~aed with the approval and inspection of the City Engineer in accordance with all City standards. The design shall comply with the location, provide the same capacity (as a minimum) and serve the area as described in the Design Re- port for Master Sanitary Sewer Plan for Fox/ire Area, College Station, Brazo$ County, Texas, July 1987. j~c : iwndowslwmword~ t lmar981ah I/rev. doc 4/24/98 ORDINANCE NO. 2318 Page 17 (3) Compliance ..Con}plianee shall be a prerequisite to the City of College Station acceptin.g and .mai'ntaining the line extension as a part of its public infrastructure system nnd providing samtmy sewer service to the residents in the designated Foxiire drainage basin. SECTION 4: ELECTRICAL SERVICE A. ELECTRIC SCHEDULE OF RATES The monthly rates to be charged consumers for public utility services, namely electrical service shall be in accordance with the schedules as follows: (1) Connection Fees: (a) Residential I, II and III Service: $17.00 (b) Commercial and Industrial Service: $35.00 (2) Electric Rate - Schedule R (Residential I and II Customers) (a) Applicable to residential customers for all domestic usage where all energy is taken through a single meter. Service will be furnished under this rate schedule subject to the established rules and regulations of the City coveting this type of service. Co) Character of Service - A.C., 60 cycles per second, single phase, 120/240 volts. (c) Rate Deposit: $105.00 per dwelling unit Service Charge: $7.00 per month, plus Energy Charge: $0.0626 per kwhr for the first 500 kwhrs; $0.0555 per kwhr for all kwhrs over 500, except $0.0490 per kwhr for all kwhrs over 500 in the billing months of November through April. Residential HI units where served under one (1) master meter shall be billed under Rate Schedule R-I. (e) Power Cost Adjustment - Thc monthly charges under this rate schedule shall be increased or decreased as necessary to reflect the application of a power cost adjustment calculated in accordance with Schedule PCA. Automatic Leave On Service - Customers who qualify for automatic leave on serv- ice will be billed at the above rate except the monthly service charge will be deleted. Customers will be required to contract with the City for this service provision. (3) Electric Rate - Schedule R-1 (Master Metered-Residential III Dwelling Units) Applicable to Residential III dwellh~g units for all domestic usage where all energy is taken through one (1) master meter. Service will be furnished under this rate schedule subject to the established rules and regulations of the City covering this type of service. Character of Service - A.C., 60 cycles per second, single-phase, 120/240 volts; three phase 120/240, 120/208, 2401480, 227/480, 240014160, 7200/12,470 volts as avail- able at point of service. Three-phase customers served via under-ground prima~ to pad-mounted transformcm will be furnished only 120/208 or 277/480 voit service. Jt~:lwtndowtlwinwor&llrnar98~chI lr~v. doc 4/24/98 ORDINANCE NO. 2318 Page 15 (4) Rate - The monthly rote charge for service under this schedule shall be determined as follows: A deposit of $105.00 per dwelling unit will be required. The average kWh usage per month per dwelling unit ~hnll be determined by divid- ing the total monthly kwhrs purchased as determined by the City's master meter, by eighty-five percent (85%) of thc total number of permanently constructed dwelling The individual energy charge per dwelling unit shn__ II thence be computed on the basis of the nverage kWh usage per month per dwelling unit figured at the following rate: Energy Charge: $0.0626 per kwhr for the first 500 kwhrs; $0.0555 per kwhr for all kwhrs over 500 except; $0.0490 per kwhr for all kwhrs over 500 used per month in the billing months of November through April. The total monthly bill shall thence be determined by multiplying the energy charge per unit computed under the above rate by eighty-five percent (85%) of the number of pernmncntly constxacted dwelling units, and thence adding the following sendcc charge: Service Charge: $100.00 per month per master meter Power Cost Adjustment - Thc monthly charge under this rate schedule shall be increased or decreased as necessaxy to reflect the application of a power cost adjustment calculated in accordance with Schedule PCA. (e) Submetering - Where electric service is submetered, the words "dwelling unit" in the above rate and minimum bill clauses shall be replaced with the word The customer operating the submetering system shall provide electric service to his tenants and render bills therofore in strict accordance with the electric submctering rules and regulations as established by the Public Utility Commission of Texas in Substantive Rule No. 23.51, a copy of which is on file in the office of the City Secretary. All records and reports provided for in these rules and regulations, other than those specified below, shall be made avaihble ~o the City upon request. The customer shall not impose any additional charges on his tenants over and above those charges which are billed by the City. For verification purposes, the customer shall, within five days (5) after his tenant's bills are rendered each month, file a written report with the City showing a reconciliation of his billing to his tenants plus the billing for owner used energy with the charges which are billed by the City. This report shall provide as a minimum the following information: A calculation of the average cost per kilowatt-hour for the current month. A listing of all submetcr readings and billings, including kilowatt-hour usage metered and total rate charge, for thc current month. Electric Rate-Schedule SC (Small Commercial Customers) (a) Applicable to non-residential customers billed through a single meter whose monthly kilowatt demand does not exceed 15 kW. Service will be furnished under jtlc:lwindowslv, qnword~tlmar981chJ lrev. doc 4/24/98 ORDINANCE NO. 2318 Page 19 (5) this rate schedule subject to the established rules and regulations of the City cover- ing this type of service. Character of Scrvice - A.C., 60 cycles per second, single-plume, 120/240 volts; three phase 120/240, 120/208, 240/480, 277/480, 2400/4160, 7200/12,470 volts ns avail- able at point of service. Three-phnse customers served via under-ground pri .m~y to pad-mounted transformers will be furnished only 120/208 or 277/480 volt service. Service Charge: Energy Charge: $9.00 per month, pins $0.0711 per kwhr for the first 1000 kwhrs; $0.0507 per kwhr for nil kwhrs over 1000. Billing Demand - Demand mete~ may be installed on aH ~uch customers if (1) the installed load would indicate that denumd$ over 15 kilowatts would be experienced; or (2) if the monthly energy usage exceeds 5,250 kilowatt-hours. A customer on this schedule whose metered demand exceeds 15 kilowatts for any billing period shall be billed under Schedule LP-I for the next twelve-month period beginning with the current month. Power Cost Adjustment - The monthly charges trader this rate schedule shall be increased or decreased ns necessary to reflect the application of a power cost ndjustment calculnted in nccordance with Schedule PCA. Electric Rate-Schedule LP-1 (Medium Commercial Customers) (a) Applicable to all commercial or industrial customers where service is taken through one meter at one point of delivery and where the monthly kilowatt denumd is between 15 kW and 300 kW. Service will be furnished under this rate schedule subject to the established rules and regulations of the City cov.ering this type of serv- ice. Before service is furnished hereunder, an individual service agreement contract between the Customer and the City may be required outlining all details of thc serv- ice to be supplied, the terms of the contract, and the obligations of each party. Character of Service - A.C., 60 cycles per second, single-phnse, 120/240 volts; three phase 120/240, 120/208, 240/480, 277/480, 2400/4160, 7200/12,470 volts ns avail- able at point of service. Three-phase customers served via under-ground primary to pad-mounted transformers will be furnished only 120/208 or 277/480 voit service. (c) Rate: Service Charge: Demand Charge: Energy Charge: $25.00 per month, plus $9.05 per kW of monthly billing demand, plus $0.0276 per kwhr for all kwhrs Minimum Monthly Charge - The minimum monthly charge under this rate sched- ule shall be the highest one of the following charges: (i) $161.20 per month plus applicable power cost adjustment on the kilowatt- hours used. (ii) The sum o£ service charge and demand charge under the above rate plus applicable power cost adjustment on the kilowatt-hours used. (iii) The minimum monthly charge specified in customer's service contract with the City plus applicable power cost adjustment on the kilowatt-hours used. (e) Billing Demand - The billing demand shall be in the maximum 15 minute mens- urcd kilowatt demand in the billing period, but not less than 50% of the peak demand measured in the twelve month period ending with the current month. js~c:~?ndows~wmwordX.mar98~cbl lr~v. doc 4/24/98 ORDINANCE NO. 2318 Page 20 Unless otherwise specified in a firm electric service contract agreement, if at any time a customer billed under this schedule continues for a period of twelve consecu- tive molaths without a ngtered demand in excess of 15 kW, Schedule SC shall apply be~nrting with the first month succeeding such twelve month period. Likewise, a customer on this schedule whose metered demand exceeds 300 kW for nm/billing period shall be billed under Schedule LP-2 for the next twelve month period begin- ning with the current month. Power Factor - Should the power factor be lower than 0.90 lagging, the City may adjust tbe measured demand by multiplying by the ratio of 0.90 to the actual power factor. Pfirmuy Service - Where service is taken by the customer at the City's available primary voltage and where the customer owns, operates, and maintains all service facilities except metering equipment, required to take service at such voltage, a credit of 2% of the base rate charges will he allowed. Metering may be primary or secondary (corrected for the transformer losses) at the City's option. Power Cost Adjustment - Thc Monthly charges under this rate schedule shall be increased or decreased as necessary to reflect the application of a power cost adjustment calculated in accordance with Schedule PCA. (i) Off-peak Rider - Where the customer reimburses the City for the cost of purchasing and installing the required demand metering equipment, as selected by the City, to continuously monitor a customer's load peak demand, this off-peak rider shall apply in computing the customer's monthly electric bill. Under this rider, the demand for billing purposes shall be adjusted to be as follows: The peak demand measured during the period defined as the on-peak period plus one-haft the amount the peak demand measured during the off-peak period ex__,~o4_s_ the peak demand measured during the on-peak period. However, in no case shall the billing demand in any month be less than 50% of the peak demand measured in the twelve month period ending with the current month. The periods for application of this rider are defined as follows: On-Peak Period - 6:00 AM through 11:00 PM on Monday through Friday Off-Peak Pedod - 11:00 PM through 6:00 AM on Monday through Friday and 11:00 PM on Friday through 6:00 AM on Monday Electric Rate Schedule LP-2 (Large Commercial) Applicable to all commercial or industrial customers where service is taken fluough one meter at one point of delivery and where the monthly kilowatt demand is from 300 kW to 1500 kW. Service will he furnished under this rate schedule subject to the established rules and regulations of the City covering this type of service. Before service is furnished hereunder, an individual service agreement contract between the customer and thc City may be required outlining all details of the serv- ice to be supplied, thc terms of thc contract, and thc obligations of each party. Character of Service - A.C., 60 cycles per second, single-phase, 120/240 volts; three phase 120/240, 120/208, 240/480, 277/480, 2400/416, 7200/12,470 volts as avail- able at point of service. Three-phase customers served via under-ground primaoj to pad-mounted transformers will be furnished only 120/208 or 277/480 volt service. jsIc:I~ndowsivanwor&llmar98~chl Ired. doc 4/24/98 ORDINANCE NO. 2318 Page 21 0) Service Charge: Demand Charge: Energy Charge: $75.00 per month, plus $9.08 per kW of monthly billing demand, plus $0.0276 per kwhr for ail kwhrs Minimum Monthly Charge - The minimum monthly charge under this rate sched- ule shall be the highest one of the following charges: (i) $2,799.00 per month plus applicable power cost adjustment on the kilowatt-hours used. (ii) The sum of service charge nnd demand charge under the above rate plus applicable power cost adjustment on the kilowatt- hours used. (iii) The minimum monthly charge specified in the customer's service contract with the City, plus applicable power cost the City, plus applicable power cost adjustment on lhe kilowatt- hours used. Billing Demand - The billing demand shall he in the maximum 15 minute meus- ured kilowatt demand in the billing period, but not less than 50% of the peak demand measured in the twelve month period ending with the current month. Unless otherwise specified in a firm electric service contract agreement, if at any time a customer, billed under this schedule continues for a period of twelve consecu- tive months without a metered demand in excess of 300 kW, Schedule LP-I shall apply beginning with the first month succeeding such twelve month period. Power Factor - Should the power factor be lower than 0.90 lagging, the City may adjust the measured demand by multiplying by the ratio of 0.90 the actual power factor. Primary Service - Where service is taken by the customer at the City's available primary voltage and where the customer owns, operates and maintains ail service facilities, except metering equipment, required to take service at such voltage, a credit of 2% of the base rate charges will he ailowed. Metering may primary or secondary (corrected for the transformer losses) at the City's option. Power Cost Adjustment - The monthly charges under this rote schedule shall he increased or decreased as necessary to reflect the application of a power cost adjustment caiculated in accordance with Schedule PCA. Electric On-Peak/Off-Peak Rider (0 Upon the customer's request, this rider shall be made available to cus- tomers billed under the rate schedule LP=2, whose monthly demand is greater than 300 kW, and who can reduce their load during the City's On- Peak time between 5:00 p.m. and 8:00 p.m.. Under this rider, the demand for billing purposes shall he adjusted to he as follows: (ii) Rate: The applicable rate schedule demand charges shall be replaced by the following on-peak/off-pe~ rates: On-Peak Demand Charge: Off-Peak Demand Charge: $6.40, plus $3.31 However, in no case shall the off-peak billing demand in any month be less than 50% of tile off-peak demand measured in the twelve (12) month period ending with the current month. js ~c : i m ndo~v s i M mvordl l lmar981c h l l re ~. doc 4/24/~8 ORDINANCE NO. 2318 Page 22 (7) The periods for application of this rider arc defined as follows: On-Peak Period - $:00 PM through 8:00 PM, daily. Off-Peak Period -8:00 PM through 5:00 PM, daily. Electric Rate Schedule LP - 3 (Industrial) Applicable to all industrial customers where service is taken through one meter at one point of delivery and where the monthly kilowatt demand is greater than 1500 kW. Service will he furnished subject to the established rules and regulations of the City covering this type of service. Before service is furnished hereunder, an indi- vidual service agreement contract between the customer and the City may be required outlining all details of the service to he supplied, the terms of the contract, and the obligations of each party. Character of Service - A.C., 60 cycles per second, single-phase, 120/240 volts; three phase 120/240, 120/208, 240/480, 277/480, 2400/416, 7200/12,470 volts as avail- able at point of service. Three-phase customers served via under-groand primary to pad-mounted transformers will he furnished only 120/208 or 277/480 volt service. (c) Rate: Service Charge: Demand Charge: Energy Charge: $250.00 per month, plus $8.60 per k/W of monthly billing demand, plus $0.0259 per kwhr for a kwhrs. Minimum Monthly Charge - The minimum monthly charge under this rate schedule shall he the highest on fthe following charges: (i) $13,150.00 per month plus applicable power cost adjustment on the kilowatt used (ii) The sum of service charge and demand charge under the above rate plus applicable power cost adjustment on the kilowatt-hours used. (iii) The minimum monthly charge specified in the customer's service contract with the City, plus applicable power cost the City, plus applicable power cost adjustment on the kilowatt- hours used. Billing Demand - The billing demand shall he in the maximum 15 minute measured kilowatt demand in the billing period, but not less the 50% of the peak demand measured in the twelve month period ending with the current month. Unless otherwise specified in a finn electric service contract agreement, if at any time a customer, billed under the schedule continues for a period of twelve consecutive months without a metered demand in excess of 300 kW, Schedule LP-I shall apply beginning with the first month succeeding such twelve month period. Power Factor - Should the power factor he lower than 0.90 lagging, the City may adjust the measured demand by multiplying by the ratio of 0.90 the actual power factor. Primary Service - Where service is taken by the customer at the City's available primary voltage and where the customer owns, operates and maintains all service facilities, except metering equipment, required to take service at such voltage, a credit of 2% of the base rate charges will be allowed. Metering may be primary or secondary (corrected for thc transformer losses) at the City's option. js~c : iwtndowsiwtnword~l lmar98~ch l l rev. doc 4/24/98 ORDINANCE NO. 2318 Page 23 (8) (9) Upon the ceston~s ~iuest, ~is rider shall be made available to customers billed undex tho rate schedule LP-2, whose monthly demand is 300 kW or greater, and who can reduce ~ load during the City's On-Peak time betweeo 5:00 p.m. and $:00 p.m.. Under this rider, the demand for billing ~ Off-Pesk Demand Charge: $6.06, plus $3.13 The l~iods for application of this rider are defined as follows: On-Peak Period - 5:00 PM through 8:00 PM, daily. Off-Peak Period - 8:00 PM through 5:00 PM, daily. Electric Rate - Schedule POF (Purchases from Qualifying Small Power Production and Cogeneration Facilities less than or equal to 100 kW) (a) Applicable to qualifying Small Power Production and Cngenerafion facilities (QF's) with a design capacity of 100 kW or less who contract, under mutually agreeable terms, with the City for the sale of energy and for any necessasy interconnections. A QF is defined as a small power production or cogeneration facility that qualifies under Subchapter K, Part 292, Subpatt B of the Federal Energy Regulatory Commission's Regulations that implement Section 201 and 210 of the Public Utility Regulatory Policies Act of 1978. Such facilities must fully comply with the City's Electric Service Rules and Regulations in reference to QF's to qualify for purchases to be made. Intercounections Costs - Each QF Producer shall be obligated to pay interconnection costs directly related to the installation of the physical facilities necessary to permit interconnected operations with the qualifying facility. Interconnection costs shall be determined in accordance with the City's Electric Service Rules and Regulations applicable to QF's, and such costs shall be paid by the QF Producer prior to any purchase of energy by the City. Electric Rate-Schedule SL (100 Watt Security Lights) Applicable to service 100 watt security lights installed and maintained by the City for customers at their request. The customer will be required to contract for this service for a period to be determined by the City. Service will be furnished under this rate schedule subject to the established rules and regulations of the City cover- ing this type of service. Character of Services - Security lighting equipment, including lamps, fixtures, controls units, and thc necessary security lighting circuits, transformers, guys, anchors, fittings, etc. will be furnished by thc City subject to the payment of an installation fee as set by the City. js~c: ~wtndowtlwtnword~ t lmar981ch l l rev. doc 4/24/98 ORDINANCE NO. 231g Page 24 (10) (11) (12) (c) Rate: $7.6O per month per light. Power Cost Adjustment - The monthly charges under this rate schedule shall be increased or decreased ns necessary to reflect the application of a power cost adjustment (based on estimated 39 kwhrs per light per billing period) calculated in accordance with Schedule PCA. Electric Rate-Schedule SL (200 Watt Security Lights) (a) Applicable to service 200 watt security lights installed and maintained by the City for customers at their requ~t. The ctmomer will be required to contract for this service for a period to be determined by the City. Service will be furnished under this rate schedule subject to the established rules and regulations of the City cover- ing this type of service. Character of Service - Security lighting equipment, including lamps, fixtures, control units, nmi the necessary security lighting circuits, trnndormers, guys, anchors, fittings, etc. will be furnished by the City subject to the payment of an installation fee as set by the City. (c) Rate: $10.93 per month per light. Power Cost Adjustment - The monthly charges under this rate schedule shall be increased or decreased as necessary to reflect the application of a power cost adjusunent (based on estimated 75 lavhrs per light per billing period) calculated in accordance with Schedule PCA. Electric Rate - Schedule SL (400 Watt Security Lights) Applicable to serdce 400 watt security lights instulled and maintained by the City for customers at their request. The customer will be required to contract for this service for a period to be determined by the City. Service will be furnished subject to the established rules and regulations of the City covering this type of service. Character of Service - Security lighting equipment, including lamps, fixtures, control units, and the necessary security lighting circuits, transformers, guys, anchors, fittings, etc. will be fitmished by the City subject to the payment of an installation fee as set by the City. (c) Rate: $23.00 per month per light. Power Cost Adjustment - The monthly charges under this rate schedule shall be increased or decreased ns necessary to reflect the application of a power cost adjustment (based on estimated 150 kwhrs per light per billing period) calculated in accordance with Schedule PCA. Electric Rate-schedule PCA (Power Cost Adiustment Factor) Electric service billed under all applicable rate schedules shall be subject to the application of a power cost adjustment (PCA) charge determined by multiplying the billing kWh for the current month times a Power Cost Adjustment Factor (PCAF). The PCAF shall be calcu- lated on an annualized basis in accordance with the following formula: Definitions: PCA=WC - (p) (K) - CF S Power cost adjustment factor rounded to the nearest 0.0001 cents. ($ per kWh) Js~c:iv~ndowslwlr, wordlqmar981chl lmv. doc 4/24/98 ORDINANCE NO. 2318 Page 25 where (13) WC K CF Total estimated wholesale purchased power cost and estimated delivery charges therefor on an annualized basis from City's wholesale energy supplier. ($) Total estimated wholesale energy purchases on an annualized basis from City's wholesale energy supplier. (KWh) Base wholesale power cost included in the City's retnil electric rate sched- ules. ($0.03 per Kwh) Total estimated kwh energy sales to City customers on an annualized basis. (kWh) Correction factor adj m to be applied to correct for any variance between actual PCA costs and revenues. The calculation of CF shall be performed on a periodic basis, but not less than quarterly, with the results of this reconciliation applied to the PCAF on an as-needed basis to main- thin PCA revenues and costs in close proximity. ($) The formula for the calculation of the CF shall be as follows: CF == (A) - 03) (A) The actual power cost adjustment revenues received from the application of the Power Cost Adjustment Factor for the subject reconciliation period. ($) 03) The actual power cost adjustment costs which should have been recovered from the application of thc Power Cost Adjustment Factor for the subject reconciliation period. ($) Electric Rate - Schedule PQF (Purchases from Qualifying Small Power Production and Cogeneration Facilities less than or equal to 100 kW) Applicable to qualifying Small Power Production and Cogeneration facilities (QF's) with a design capacity of 100 kW or 1ess who contract, under mutually agreeable terms, with the City for the sale of energy and for any necessary interconnections. A QF is defined as a small power production or cogeneration facility that qualifies under Subchapter K, Part 292, Subpart B of the Federal Energy Regulatory Commission's Regulations that implement Section 201 and 210 of the Public Utility Regulatory Policies Act of 1978. Such facilities must fully comply with the City's Electric Service Rules and Regulations in reference to QF's to qualify for purchases to be made under this rote. Interconnectioas Costs - Each QF Producer shall be obligated to pay interconncction costs directly related to the installation of the physical facilities necessary to permit interconnected operations with thc qualifying facility. Interconnection costs shall he determined in accordnnce with the City's Electric Service Rules and Regulations applicable to QF'S, and such costs shall be paid by the QF Producer prior to any purchase of energy by the City. The City will pay the QF Producer for all power purchased at the following rates: (i) Capacity - No payment shall be made, except by separate firm power contract between the Producer and the City. (ii) Energy - The metered output from the Producer will be purchased at a rate equal to the City's total energy and fuel cost js~: ~wmdows~r,~ord~/ Imar98~ch l l rev. doc 4/24/98 ORDINANCE NO. 2318 Page 26 (14) divided by the total kwhrs purchased, ns calculated from the most recent wholesale power bill. In the event that the Producer exercises the option to sell power to the City, there will be assessed, in addition to the minimum monthly bill requirements under the applicable service rate schedule(s), a customer service charge of $15.00 per month to cover costs realized for metering, billing, maintenance, administrative, and other expenses necessary to maintain service to the QF. (d) Metering and Payment Options - The available revenue metering arrangements for Ql~s and the payment options to the Producer for energy purchases to be made by the City therefrom shall be ns defined in the City*s Electric Service Rules and Regulations pertaining to qualifying small power production and cogeneration facilities. Electric Rider - HED (Higher Education Discount) In nccordanee with Section 2.2141 of the Public Utility Regulatory Act (1995), a 20 percent discount will be given to any four-year state university, upper-level institution, Texas state technical college or college that qualifies for such discount under the statute. SECTION 5: SOLID WASTE COLLECTION REGULATIONS This section shall be known as the 'Sanitation Regulations of the City of College Station.' B. COLLECTION OF MUNICIPAL SOLID WASTE (1) General Yard waste such as tree leaves and grass shall be placed at the curb in plastic bags and shall not weigh more than fifty pounds (50 lbs.) each. Brush, tree trimmings and limbs shall be totally separated from all other waste, including metals, lumber, paper, plastics, furniture, appliances, concrete and any other solid materials and shall be cut in sections not exceeding eight feet (8') in length and placed at the curb for collection. Any waste regardless of quantity or size, mixed with tree and shrub- bery trimmings constitutes a violation of this section. Plastic bags shall have a minimum thickness of two (2) mils and must be at least twenty gallon (20 gal.) capacity and no larger than thirty-five gallon (35 gal.) capacity. All bags shall be securely tied or otherwise fastened or closed so as to prevent spillage or entry by vector and vermin. Only residential refuse is to be placed in plastic hags. Construction debris, tires, dead animals, bn~rdons substances and stable matter such ns dirt, brick, and rock will not be accepted. (c) The storage, collection or disposal of any solid waste in any manner other than those designated by ordinance is expressly prohibited. (d) Pointed or sharp objects, including but not limited to broken glass, jagged metal, razors, needles, and wire, shall be su~ciently wrapped in paper and securely taped or tied before bagging or bundling so as to prevent injury when handled. The total weight of a bag and its contents shall not exceed fifty pounds (50 lbs.). Bags sha/l be sellable, having no punctures, tears or undesigned openings. A residential or commercial unit shall be deemed to be occupied when either water or electric service is supplied thereto. js~c:~wtndows~vnnword~llmar98~chl Imv. doc 4/24/98 ORDINANCE NO. 2318 Pnge 27 (h) (i) (k) 0) (m) (n) Each Residential I automated container, bag, and/or bundle shall be placed at curb- side for collection. Each Residential II customer shall place bulky waste at a locn- tion that is ncceptable to the City for collection. Curbside refers to that portion of the right-of-way adjacent to the paved or traveled portion of the City roadway. Items shall be placed as close to the paved or traveled portion of the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, items shall be placed as close as practicable to an access point for the City collection vehicle. City shall provide special door-side solid waste collection service for qualified handicapped households. Not more than twenty (20) total units of hags or bundles of refuse shall be placed at the curbside, at one time, for collection service. Automated containers containing residential refuse shall not be placed at curbside for collection before 5:00 a.m. of the day on which collection is scheduled. Containers shall be removed from the designated pickup point and placed either adjacent to their dwelling or at a location designated by the City within twelve (12) hours of their scheduled pickup day. Under no circumstances, shall a container be placed for normal daily use within an area defined by the edge of the street, pave- ment, or curb and the building set back line. Each Residential I dwelling unit will be provided with once per week garbage, brush, rubbish, and recycling collection. Each Residential II dwelling will be provided with twice per week garbage collec- tion and once per week brush/rubbish collection. Lids and doors of all containers shall be kept closed at all times except when the container is being filled. Upon notice, thc City will remove and dispose of small dead animals, including but not limited to dogs, cats, chickens, ducks and geese, either from private property or public rights-of-way, excluding animal clinics. Customers requesting removal from private property shall place the animal in a plastic bag and place the hag curbside before notification of pick up. Removal and disposal of small dead animals from private animal clinics shall be for a fee as established by Resolution of the City Council. Residential I and Residential II customers needing collection and disposal of bulky waste shall contain thc waste to prevent windblown litter and place thc waste at the curb or right-of-way no longer than 48 hours prior to their designated collection day. Commercial, and Residential III locations will be responsible for the collection and disposal of all bulky waste Construction debris shall be contained on site. Rubbish that my be wind blown must be confined in a container or temporary holding pen. The construction site must be free from accumulations of rubbish which may act as a harborage for vermin and vectors. Rock, waste, building materials, or other refuse resulting from building or remodel- ing operations or resulting from a general cleanup of vacant or improved property, just prior to its occupancy, will not be removed by the City. Such waste shall be removed by the building contractor, owner, or occupant of the building at his own expense. The City will remove said refuse for the contractor, owner, or occupant, utilizing Roll-off containers only, for a fee set by resolution. The City will not remove hot ashes or fire coals. j~¢: ~v~ndow~winwor& t lmar98~¢b l l rev. do~ 4/24/98 ORDINANCE NO. 2318 Page 28 (0 (s) (w) (x) (aa) Cob) (cc) The collection of municipal solid waste within the limits of the City is hereby prohibited except as franchised by thc City Council pursuant to City Charter.. All franchised contractor containers shall be marked with franchised company name, addrem and telephone number. All recycling drop-off centers must be approved by the Director pursuant to the regulations set forth in Subsection C. of this Section before receiving such recycla- bles. Approval shall be subject to compliance with the following performance standards, as determined by the Director: · That issuance will be in the best interest of public health and safety; · That issuance will not cause a traffic safety ha~mrd impeding traffic flow on or off {he recycling drop-off center. Assessed monthly - The charges fixed herein for the collection, removal and disposal of all solid waste shall be entered on the customer's monthly utility bill. Failure to pay - Any customer who fails or refuses to pay the monthly charge when due shall no longer recoive garbage collection service from thc City until such charges arc paid in full. Unprepared solid waste - Thc City's Sanitation Division shall cause the clean-up of the improperly or unprepared waste, litter or debris that constitutes a health or nuisanco to the community. Thc minimum (as set by Council Resolution) or the actual cost of clean up, whichever is greater, shall be paid by the responsible party pursuant to this Ordinance and City of College Station Ordinance No. 1820, approved September 14, 1989. It shall be unlawful for any person or business, other than the owner or occupant of tho premises for whom the container has been furnished and who is currently paying a garbage pickup charge, to place anything in such container. It shall be unlawful to make a fire or bum any material in a sanitation container furnished by thc City, or to paint or mark upon or to place any poster, placard or sign upon the same. Any customer having a container that is burned will be charged replacement cost equal to the actual costs involved. It shall be unlawful for any person other fl~m the owner to remove any material from any receptacle, bag or sanitary container, or the sa~d bag, receptacle, or sani= tary container itself. It shall be unlawful to place items such as brush and lumber or other materials in a bag, receptacle, sanitarY container and City-supplied container of any type which may cause damage to the container or collection truck. In the event such items are placed in a container, the occupant of the premises for which such container has been furnished is responsible for the removal of these items prior to unloading into the container truck. No person shall dispose of or place for collection and disposal in the BVSWMA's Sanitary Landfill, prohibited materials, as designated from time to time by ordi- nances of the City. This section is in addition to, and not in replacement of, any applicable state and/or federal laws. It shall be unlawful for any person to sxveep, throw, or otherwise deposit upon or along any drain, gutter, alley, sidewalk, street, street right-of-way, median strip, dr~ina~o easement or other public place ~f Uavel or any private property, any municipal solid waste of any type. Scrap/Used fires will not be allowed to accumulate on any property, residential or commercial. All scrap tires will be stored so that there will be no accumulation of ffslc: ~windowsiwinwordWmar98~ch l Iffy. doc 4/24/98 ORDINANCE NO. 2318 Page 29 (gg) (hh) (ii) ~) water and that the tire will not be in direct contact with the ground. Businesses engaged in the sale or repair of tires will store tires in a manner so as not to be visible from any right of way. All owners or occupants shall maintain the real property owned or occupied by them in a clean and litter-free condition. This section shall not be construed ns prohibiting the storage of refuse or litter in authorized containers for collection par- soant to the provisions of this article. Hn~nrdous and/or prohibited wnste shall not be placed in collection containers. No infectious or pathological refuse or any other refuse that may cause a public health hazard shall be placed in any container used for collection by the City or collection by any private agency. The following are several types of special refuse items which shall be given special care and preparation before disposing of the same in any refuse container. Hypodermic instruments and other sharp article~ No person shall dispose of or discard any hypodermic syringe, hypodermic needle or any instrument or device for making hypodermic injections without prior placement in puncture resistant container for disposal so as to avoid the possibility of causing inju~ to the collection personnel. Ashes. Ashes that are to be collected by the City must have been wetted and cooled to the touch prior to collection. Ashes shall be placed in suitable containers of such size and weight as stipulated in Section B and shall not be placed with the normal refuse unless sepa- rately wrapped, so that they will not cause injury to the collection personnel. No person, other than employee~ of the City charged with such duty, shall tamper with the contents of any refuse container set out for removal by the City or any private collection agency. White goods must be totally separated from all other waste to allow for separate collection. All white goods containing CFC's shall not be collected until such time that the CFC's have been removed. The City shall provide collection of medical waste from customers/generators by an proved, franchised Medical Waste Collection Contractor. The rate to be charged the Contractor to the customer/generator for the Collection of medical waste .~hnll be set by contract and approved by the City Council. Customers disposing of medical waste shall comply with all applicable Federal and State laws as well as Texas Natural Resource Conservation Commission regulations. It shall be unlawful to park, place, allow, permit, or cause to be parked, placed any motor vehicle, trailer, boat, or similar obstruction within fifteen feet (15') of, or obstruct in any manner, the collection of solid waste contained in a commercial, residential II or residential III solid waste container. If a motor vehicle, trailer, boat, or similar obstruction prevents the collection of a commercial, residential II or residential III solid waste container, the City Manager or his designate shall be authorized to order the removal of the offending motor vehicle, trailer, boat, or similar obstruction. The cost of the removal shall be the responsibility of the owner of the motor vehicle, trailer, boat or similar obstruction. All commercial, residen- tial II and residential III solid waste containers shall be marked with a sign, and/or label that states: "Do Not Block or Park Within 15 Feet of Container - Tow Away Zone". J~]c: ~ wlndow$~wtnword~l tmar98~ch i l rev. doc 4/24/98 ORDINANCE NO. 2318 Page 30 (2) O) (4) Residential Collection Residential I customers will be provided with a small, City-owned automated collec- tion container. Service shall be once per week. All containers must be placed out for collection by 8:00 a.m. on the SCheduled service day and removed from the designated pick up place within twelve (12) hours after SCheduled collection. Residential II and III customers will be provided with a large, City-owned auto- mated collection container for joint customer use. Service shall be twice per week. Only residential reguse is to be placed in containers. Construction debris, tires, dead animals, bnTardous substances and stable matter such as dirt, brick and rock will not be accepted. Any garbage or waste not contained in the automated container provided will not be picked up or hauled by City services nmi shall remain the responsibility of the customer/generator for disposal. The clean up of any spillage caused by overfilling container will be the responsibility of the customer/generator. When storing the container or when thc container has been set out for collection, the lid must be kept closed at all time~ to prevent any accmnulation of water. No bags, boxes or other items shall be placed on thc top of the closed container lid so as to hinder servicing of thc container. If the container is lost by theft or damaged beyond use by any means other than by the occupant's own neglect or misuse, thc container shall be replaced by the City at no cost to the occupant. If the container is lost or damaged beyond use as a result of the occupant's neglect or misuse, a designated fee will be charged by the City for a replacement container. The occupant shall promptly notify the Solid Waste Divi- sion in the event of the need for repair or replacement of the container. (g) Any customer generating more waste than one (1) container will hold may p~ request an additional container and shall pay an additional fee as set by Council Resolution. (h) Only authorized automated containers provided by the City will be serviced on collection day, no other containers, boxes, or bags placed at the collection site will be picked up by the automated system. (i) O) Automated containers are assigned and issued to the location of the utility user and will not be removed, transferred, or replaced by thc customer. Customers shall not put construction debris, hot ashes, oil, corrosive solvents, pool chemicals, car batteries or any other b_n?_a_rdous substances in the residential container. Residential Cud>side Re~,cling Collection (a) Co) Customers participating in the curbside recycling collection program will be furnished with plastic bags for all recyclable items placed for collection= Only designated recyclablc items will be placed in the plastic recycling hags. Other items will not be accepted. Commercial Collection Ail commercial units shall utilize automated or mil-off commercial-type containers as designated by thc City Manager or his delegate for the collection of commercial jslc: l~ndowtiwlnword~l lmar981ch l l rev. doc 4/24/98 ORDINANCE NO. 231g Page 31 Co Upon request for Fad)age collection service, the Division Manager or designee shall designate the service level requirements for that location. The City will provide for the removal of garbage and/or trash under the rates established for commercial containerized collection. Automated collection containers will be provided by the City and-roll-off compacting containers shall be provided by the customer. The customer shall be responsible for providing container screening to comply with the City's Streetscape Ordinance. When it is beneficial for small busiuesses that generate low volumes of waste to jointly use a container set for their convenience, the basic clmrge will be divided between the businesses. However, this charge shall not be lower than the minimum charge for any commercial location. The size and number of containers provided shall be detemfiued by the Solid Wn_~e Division mnnnger or designee. (d) Containers shall not be set out unless an all weather access route capable of support- lng the container service truck is available. The City will not be responsible for damage done to private drives and parking areas by service trucks servicing containers. The owner or occupant of the premises shall be responsible for keeping the area around the container clean and clear of all garbage and trash. If a container is unserviceable, such as being blocked or containing prohibited items, the City truck shall return to empty the container only after the container is clear from other vehicles and/or prohibited items are removed from container for a fee as set by Council Resolution. (s) No person shall place any refuse or refuse container on, in or over any drainage system. (h) The Director of Public Works or his designee may, upon notice, require replacement of containers and/or changes in container type or the service levels at any location when he deems the current service level to be inadequate causing a health, sanita- tion, or litter problem. The decision of the Director or his designee may be appealed to the City Manager by the customer. RECYCLING DROP-OFF CENTERS (1) Tempora~ Permits A temporary permit may be obtained for operation of a temponuy recycling drop-off center, subject to compliance vdth the following requirements. A written application, on a form provided by the Department of Public Works, must be filed in the Office of the Director at least thirty (30) days prior to the proposed collection of recyclable materials at the temporary recycling facility. The term of the permit shall not exceed seven (7) consecutive days. Permits for temporary recy- cling activities shell be granted for small recycling drop-off centers, which shall only recycle ne~print, paper, glass bottles, metal cans, plastic containers, or any combination of these materials. (b) Temporary permits shall only be issued to organizations holding a certificate of exemption from federal income tax or state sales tax or franchise taxes or to any other person or entity who conveys any profits derived from their recycling activity to a tax exempt organization. In no case shall a temporary permit be issued to any person or business entity for whom recycling is a regular part of their business activity. (c) No bond or insurance will be required for the issuance of a temporary permit. lsl¢: lvandowsivarovordll !mat98~ehl l rev. doc 4/24/98 ORDINANCE NO. 231g Page 32 (2) The permittee shall service the recycling drop-off center regularly to prevent over- flow, accumulation and deter pifferage of recyclables. The area surrounding recep- tacles for collection and storage of recyclable materials, waste materials, processing materials or other material shall be l~nintained in a clean and sanitmy manner at all times. No recyclable materials, waste material, trash, processing material or other matter shall be allowed to accumulate around any receptacle or to overflow from any receptacle. Permittee shall assure that materials delivered to a recycling facility shall be handled and managed in such a manner so as to prevent, at all times, wind- blown materials. The permittee shall not dump or discard any matter on the ground on the premises of the recycling drop-off center at any time, or allow any person to do so. The permittee shall be solely responsible for the proper storage and disposal ~f non-recyclables deposited at the recycling facility. Permanent Recycling Drop-off Center A permit for operation of a permanent recycling drop-off center may be obtained subject to the following requirements. A written application on a form provided by the Department of Public Works must be fded in the Office of the Director at least thirty (30) days prior to the proposed collection of recyclable materials at the permanent recycling facility. An application fee for a permanent recycling drop-off center may be set by resolu- tion of the City Council. (c) A permit may be denied if whe~ the required information is incomplete, incorrect or shows that a person is not otherwise entitled to conduct a permanent recycling droly off center. Every permit shall be visibly displayed where it can be read by the general public utilizing the recycling drop-off center. A bond of not less than One Thousand Dollars ($1,000.00) executed by the appli- cant with two (2) or more good and sufficient sureties, satisfactory to the Director of Fiscal Services, shall be made payable to the Mayor of the City of College Station, and his successors in office, for the use and benefit of any person or persons entitled thereto, and on condition that the principal and sureties shall pay all damages to persons caused by or arising from or growing out of any action of the applicant, his employees, agents, successors or assigns, while operating the permitted recycling drop-off (:enter. The bond shall remain in full force and effect for the entire dura- tion of the operation of the recycling center and the permittee shall be responsible for the submission of a new bond no less than ten (10) days prior to the expiration of any current bond. In the event that permittce fails to do so, then permittce shall immediately cease operation of the recycling drop-off center and shall prevent the public from utilizing the facility. An applicant for a permanent recycling drop-off center shall provide the following information on a form approved by the Director: · Name of the applicant. · Legal name of the business entity, if any, address, telephone number, state of incorporation or filing of a partner-ship or articles of association. · Sales tax number, or evidence of tax-exempt stares. · A description of the property intended to be utilized as the recycling drop-off center, sufficient to pernfit City employees to identify the proposed location of the recycling facility. · The site plan to be submitted for review pursuant to the Zoning Ordi- nance, which shall show the location and t3~e of receptacles. · A listing of the materials to be collected for recycling. j=lc: [wlndows~ w#nvordl/ Imar98~ch l l r~v. doc 4/24/98 ORDINANCE NO. 2318 Page 33 (3) (g) All recycling activities shall conform to the requirements of this ordinance, ns well ns federal and state laws and regulations. (h) (i) (J) The permittee shall service the recycling drop-off center regularly lo prevent over- flow, accumulation and deter pifferage of recyclables. The area surrounding recep- tacles for collection and storage of recychble materials, waste material, processing material or other materials .~hnll be maintained in a clean and sanitary manner at all times. No recyclable materials, waste material, trash, processing material or other matter shall be allowed to accumulate around any receptacle or to overflow from any receptacle. Permittee shall assure that materials delivered to a recycling facility shall be handled and managed in such a manner so as to prevent, at all times, wind- blown materi.'als. The permittee shall not dump or discard any matter on the ground on the premises of the recycling drop-off center at any time or allow any person to do so. The permittce shall be solely responsible for the proper storage and disposal of non-recyclables deposited at the recycling facility. The Director or a person designated by the Director to act on his behnlf shall have thc authority to enter onto premises permitted hereunder and inspect for compliance with the terms and conditions imposed herein and under the Zoning Ordinance. A permit may be revoked for non-conformity with the provisions herein and/or with the provisions of the Zoning Ordinance, including site conditions imposed by the Project Review Committee or Zoning and Planning Commission. In the event that the Director determines that there is a violation of the permit or the conditions imposed, then the Director shall give the permittee ten (10) days' written notice at the address provided by the permittce on the application or supplemented by him to come into compliance. In the event that the pcrmittec disputes the violations alleged, then thc permittee must give written notice to the Director of a requested heating within the ten (10) day time period. If the permittee fails to request a hear- ing within that time period, then the permittee will be conclusively considered to have acknowledged that the violation does in fact exist. If the permittee does request a hearing, it shall be held before the City Manager or his designee. Should the City Manager find tlhat permittee is in violation of his permit, the City Manager will provide the permittee with a reasonable time period to come into compliance. A determination by the City Manager shall be final. Any determination of non= compliance under this subsection shall not operate to deprive the City of any other remedy it may have under this Code of Ordinances or the laws of tiffs State. (k) (1) In the event that the Director finds that there are immediate serious health or safety violations that endanger the public or that the order to come into compliance with the permit;as provided herein above; has not been met, then thc Director shall so not/fy the City Manager who shall immediately provide notice of hearing to the permittee, at the address provided or supplemented by permittee. Thc hearing shall take place in not less than ten (10) working days from the date of notice. The City Manager shall have the authority to revoke or suspend a permit where he determines that the health or safety of the public is in danger or where he deter- mines that there has not been compliance notices or orders to comply provided herein. Record Keeping Requirements Every operator of any permitted recycling drop-off center, temporary or permanent, shall maintain on the premises, available for inspection by the City during regular business hours, records of the center's activities, including: (a) The amount of each t)~c of recyclable material received in each month. Each shipment of recyclable material received from any other recycling drop-off center. J$ia:imndowsiv~nword~/Imar981chl lr~v. doc 4/24/98 ORDINANCE NO. 23111 Page 34 (c) Each shipment of recyclable material received from a scrap dealer or junk dealer. Any materials transferred to the recycling drop-off center 5ut rejected upon submis- sion for acceptance. Such record of the rejection shall indicate the date and place of rejection, the type and amount of each material rejected, and the reason for rejec- tion. (4) Collection and Sale of Recyclables No person shall engage in the business of collecting and selling of residential recyclablcs in the City, and no person shall use the public streets, alleys and thoroughfares within the coqmrate limits of the City for the purpose of engaging in such business, other than a person who has executed a contract or franchise with the City providing for this collection. SERVICE LEVEL AND APPEAL The Director or his delegate may upon notice and hearing require replacement of containers and/or changes in container type or the service levels at any location when he deems the current service level to be inadequate causing a health, sanitation or litter problem. The decision of the Director or his delegate may be appealed to the City Manager by the customer. RATES SET BY COUNCIL RESOLUTION The fees, rates and permit charges applicable to this ordinance shall be provided in such ordinances or resolutions as nmy be adopted by the City Council, and all such ordinances or resolutions shall be continued in full force and effect as the same may he amended from time to time. Such ordinances or resolutions shall be on file in the office of the City Secretary. SECTION 6: INDUSTRIAL WASTE REGULATIONS A. TITLE This section is and may be cited as, "City of College Station, Texas, Industrial Waste Regulations." USE OF THE PUBLIC SEWERS (1) (2) (3) Prohibited Discharges No person shall discharge or cause to be discharged any storm water, surface water, ground- water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted indus- trial process waters to any sanita~, sewer. Storm Water and Unpolluted Drainage Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the director of public works. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Director of Public, Utilities to a storm sewer or a natural outlet, or into the sanitmy sewer system upon prior written approval of the Director of Public Utilities. Prohibited Discharges Enumerated No person shall discharge or cause to be discharged any of the following described waters or wastes into any public sewers: (a) Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas. Cu) Any water or wastes containing toxic or poisonous solids, liquids, or gases in suffi- cient quantity, either singly or by interaction with other wastes, to injure or interfere ~lc: ~v~mtows~v~inword~ t Imar98~ch l l r~v. doc 4/24/98 ORDINANCE NO. 2318 Page 35 (4) with any sewnge treatment process, constitute a bnTnrd to humans or animals, or to create any hnT.~rd in the receiving waters of the sewage treatment plant, including but not limited to, cyanides in excess of two (2) parts per million by weight as CN. (c) Any waters or wastes having a pH lower than 5.5 or having nny other corrosive property capable of ean,ing damage or h_n_7_n_rd to structures, equipment, and personnel of the sewage works. (d) Solid or viscous substances in quantities or of such size capable of causing obstruc- lions to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, einders, snnd, nmd, straw, shav- inge, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, hair nnd fleshings, nmi entrails. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150°~. (f) Any water or wastes contnining fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) parts per million by weight or containing substances which may solidify or become viscous at temperatures between thirty-two and one hundred fifty degrees Fahrenheit (32° and 150°F). (g) Any gnrbage that has not been properly shredded. Director of Public Utilities to Evaluate Discharges No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Director of Public Utilities that such wastes can harm either the sewers, sewage treatment process or equip- ment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Director of Public Utilities will give consideration to such factors as quan- rities of subject wastes in relation to flows and velocities in the sewers, materials of construc- tion of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are: Any waters or Wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not. Any waters or wastes containing objectionable or toxic substances; or wastes exert- ing an excessive chlorine requirement, including but not limited to, any mercury greater than 0.005 parts per million by weight; any cadmium or selenium greater than 0.02 parts per million by weight; any arsenic greater than 0.05 parts per million by weight; any lead or silver greater than 0.1 parts per million by weight any cyanide greater than 1 part per million by weight, as CN; any oron, hexavalent chromiung copper, manganese, nickel, or tin greater than I part per million by weight; any barium, iron, or zinc greater than 5 parts per million by weight; any trivalent chromium greater than 10 parts per million by weight; any phenols greater than 12 parts per million by weight; any radioactive wastes greater than allowable releases as specified by current United States Bureau of Standard Handbooks deal- ing with the handling and releases of radioactivity. (c) Any waters or wastes containing whole blood. (d) Any waters or wastes containing pH in excess of ten (10). Materials which exert or cause concentrations of SS in excess of 200 parts per million by weight; excessive discoloration; BOD greater than 200 ports per million by weight; average daily volume of flows greater than five percent (5%) of the av- erage daily sewage flow of the City. jt~c:~nndow~wtnword~ltmar98~chl lrzv. doc 4/24/98 ORDINANCE NO. 2318 Page 36 Co Eo (0 Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. PRETREATMENT OR EQUALIZATION OF WASTE FLOWS (1) Desian and Installation If the Director of Public Utilities permits the pretreatment or equalization of waste flows, the design and installation shall be subject to the review and approval of the Director of Public Utilities and subject to the requirements ofnll applicable codes, ordinances, and laws. (2) Interceptors Grease, oil, and sand interceptors shall be provided for the proper handling of liquid wastes ~Olatnining ~ in excessive amounts or any flammable wastes, sand, or other harmful ingrodients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be constructed of imperdous materials capable of with- standing abrupt changes in temperature; shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gas-tight and watertight; and shall be located as to he readily and easily accessible for clenning and inspection. (3) Maintenance of Facilities Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall he maintained continuously in satisfactory and effective operation by the owner at his expense. SURCHARGE FOR WASTES OF ABNORMAL STRENGTH ff the Director of Public Utilities permits the acceptance of wastes of abnormal strength or character for treatment, a surcharge calculated as follows shall be added to the basic sewer charge to cover the added cost of handling and treating the wastes: Surcharge = V[a(BOD - 200) + b(SS - 200)] V = Volume discharge in millions ofgellons. BOD surcharge factor (dollars per million gallons per parts per m/Ilion by weight) based on the treatment costs attributable to the removal of BOD. b = SS surcharge factor (dollars per million gallons per pans per million by weight) based on the treatment costs attributable to the removal of SS. INDUSTRIAL WASTE PERMIT (1) Who Must Apply Any person discharging or proposing to discharge into the public sewers industrial wastes which contain the substances or possess the characteristics enumerated in subsection C herein shall make application for sewer connection to the Direaor of Public Utilities on a form to be furnished by the City. jsic: i v~ ndowsl winwora~l lraar98~ch l l rav. doc 4/24/98 ORDINANCE NO. 2318 Page 37 (2) Application Procedures and Conditions The following shall apply to persons discharging industrial wastes to the public sewers on the effective date of this section: (a) Application shall be made for sewer service within ninety (90) days of the effective date. Within thirty (30) days of receipt of the application, the Director of Public Utilities will furnish the applicant his opinion as to acceptability of the wastes. If the wastes are not acceptable in the opinion of the Director of Public Utilities, the surcharge specified in subsection E herein sh~_ll become effective thirty (30) days from the date of the opinion furnished the applicant. This surcharge shall continue until acceptable corrective measures are taken or sewer service discontinued. (d) If thc Director of Public Utilities finds that thc wastes should be rejected, or require pretrcatment or flow equalization, the applicant will be allowed eighteen (18) months from the date of initiation of the sumharge to provide corrective measures to make the wastes acceptable. (3) Discharge Proposals Subsequent to These Rek~,-alations Persons proposing to discharge industrial wastes into the public sewers subsequent to the effective date shall make application for sewer service to the Director of Public Utilities at or prior to thc time of application for a plumbing permit under the plumbing ordinance. Within thirty (30) days of receipt of the application, the Director of Public Utilities shall furnish the applicant his opinion as to the acceptability of thc wastes. A plumbing permit shall not be issued until sewer service is approved. INSPECTION, SAMPLING, MEASURING, AND TESTING INDUSTRIAL WASTES (1) Control Manholes When required by the Director of Public Utilities, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary, meters and other appurtenances in the building sewer to facilitate obser- vation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Director of Public Utilities. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. (2) Samvlin~ Procedures All measurements, tests, and analyses of the characteristics of wasters and wastes to which reference is made in this section shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater, # published by the Amer- ican Public Health Association, and shah be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been reqnired, thc control manhole shall be considered to be thc nearest downstream manhole in the public sewer to the point at which thc building sewer is connected. Sampling shall be carried out by customarily accepted metheds to reflect thc effect of constituents upon thc sewage works and to determine thc existence of bnTnrds to life, limb, and property. The particular analyses invotved will determine whether a twenty-four (24) hour composite of ouffalls ora premise is appropriate or whether a grab sample or samples should be taken. jslc:lvandows~winword~l/mar981chI Irev. doc 4/24/98 ORDINANCE NO. 2318 Page 3g (3) Inspections Thc Director of Public Utilities and other duly authorized employees of the City shall be permitted to enter all properties for the proposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of th/s section. AUTHORITY TO DISCONNECT SERVICE Any person found to be discharging into public sewers any of the prohibited industrial wastes set out in subsection C of this section shall be served by the City with written notice stating the nature of the violation. The Director of Public Utilities is authorized to immediately disconnect the offending person's sewer service upon such notice and to not reconnect it as long as the violation continues. SECTION 7. A. Bo MUNICIPAL DRAINAGE UTILITY SYSTEM CLASSIFICATION OF REAL PROPERTY The real property benefiting from the ordinance shall be classified as follows: (1) Commercial and (2) Residential I, H and III; EXEMPTIONS The following consumers .~hnll be exempt from the Municipal Drainage Utility System: (1) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; (2) Property held and maintained in its natural state, until such time that thc property is devel- oped and all of the public infrastructure constructed has bccn accepted by the City of College Station for maintenance; (3) A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the City of College Station; and (4) The following governmental entities: Texas A&M University College Station Independent School D/strict city of Bryan RATES SET BY COUNCIL RESOLUTION (1) Basic drainage rates and charges shall be set by resolution passed by the City Council of the City of College Station. The City Council may change, adjust and readjust the rates and charges cstablishad herein for drainage services from time to time by resolution. (2) All charges shall be made in accordance with the classification of properties by the following categories: Land Use Residential I Residential II & III Commercial Commercial service shall be calculated on the basis of building square footage. Residential I, II and III service shall be charged on thc basis of a set fcc per lot, tract or parcel. (3) jsk:: ~wmdow~wmword~l lmar98~¢h I l rev. do~ 4/24/98 ORDINANCE NO. 2318 Page 39 SECTION $: WATER CONSERVATION A. INTRODUCTION In accordance with the guidelines of the Texas Water Development Board (TWDB), the City of College Station, (hereafter referred to ns "the City") has prepared a water conservation and emergency water demand management plan. B. WATER CONSERVATION PLAN The purpose of this water conservation plan is to reduce long term demand on the water use through changing the way that College Station residents utilize their water resource. Its primmy goal is to effectively reduce waste and influence conservation habits of the residents of College Station. A reduction of the peak demand will enable the City to defer new capital expenditures for production facilities required to contend with escalating daily demand peaks. The initial goal will be to reduce the avenge water use by five percent (S%), or to achieve an avenge water usage of less than 141 gallons per day per capita (gpdc). Also, the City hopes to reduce the peak demand by ten percent 00%). These goals will be reached within a five (5) year period from the date of the plan's enactment. Evaluation of the plan on an nnnual basis will determine the extent, if any, that the plan will need modification. C. BACKGROUND INFORMATION Thc City's WaterAVastewater Utility services an area of 31 square miles and a population of approximately 59,800 residents. The City does not serve Texas A&M University which provides service to approximately 10,000 campus residents. This student count is deducted from the popula- tion to determine a figure of 49,800 residents the utility serves. The City of College Station has utilized ground water for its public water supply from its initial development. Since 1980, College Station has developed its own water production facilities. The City's wells are located in the Simsboro Sands of the Carrizo-Wilcox aquifer complex. The average gallon usage per capita for College Station for 1993, 1994, and 1995 was 151, 146, and 147 gallons per day per capita (gpdc) respectively and the average daily demand was 7.14 MGD, 6.9 MGD, and 7.3 MGD respectively. The three year daily avenge demand, ending in 1995, was 7.1 MGD. The peak demand can exceed two times the avenge daily demand, usually occurring during summer months of low annual rainfall years. Currently the City's highest peak day on record was 14.88 MGD on July 30, 1994. During high demand periods when large volumes of water are being pumped from the aquifer, the production capacity of the wells are reduced due to lower water levels of the aquifer. Texas A&IVl University has an agreement with College Station to purchase, or sell, potable water through two metered lines. It is possible to purchase, or sell, up to one million gallons per day from the University, but these connections are only used during times of high demand or in emergency situations. Wellborn Water Supply has contracted with the City to purchase water, up to 1.0 MGD, through llu'ee metered lines. A regional study of water resources in the Brazos County area, completed in 1989, concluded that a sufficient supply of water, for all entities drawing from the aquifer, will be obtainable through the year 2020 and beyond. Even though the conclusions of this study forecast no shortages in the near future, the City staff believes that it is in the City's best interest to implement a conservation plan to protect the City's long-term water supply. D. PUBLIC EDUCATION (0 The City will promote water conservation issues by informing the public in a variety of ways including: jsic: ivandowsl vanwordl l lmar98Ich l l rev. doc 4/24/98 ORDINANCE NO. 2318 Page 40 Eo Go (a) new customers will receive conservation information; information will be available upon request;. community educational program/school demonstrations and presentations; (d) mall and shopping center information booths; (e) film and lectures presentations available for civic poups; (0 exhibits at fairs held throughout the year; and (g) articles will be regularly published in the local newspaper. (2) The City also proclaims a week as National Drinking Water Week where residents have access to information and demonstrations relating to water conservation and environmental issues that affect water supply through advertising and an informational fair. PLUMBING CODES The City has ~lopted the 1994 Southern Standard Plumbing Code which requires the use of water saving fixtures to be installed in new construction and in the replacement of plumbing in existing structures. The code shall meet or be modified to meet the Texas Water Development Board stan- dards. RETROFIT PROGRAMS The City shall educate the residents, plumbers, and contractors on the benefits of retrofitting existing facilities with water saving devices. This program will be encompassed in the educational and infor- mational programs utilized by the City. The City will contact all plumbing companies and hardware stores in the College Station area to encourage them to stock water conserving fixtures and retrofit All production wells, pumping stations, intereonnections, irrigation, swimming pools, parks, and municipal structures operated by the City of College Station are now being metered. All service connections in the City are metered. The City will continue to provide a water meter preventive maintenance program, wherein regular scheduled testing, repairs, and replacement are performed in accordance with AWWA standards. The City has committed to and successfully been able to maintain a water delivery rate of equal to or greater than ninety percent (90%) of production. WATER CONSERVING LANDSCAPE The City of College Station will provide information, through the public education program, to homeowners, business owners, landscape architects, and irrigation contractors about the methods and benefits of water conserving landscaping practices and devices. The following methods will be encouraged: (1) The use of low water consuming plants and grasses for landscaping new homes and commercial areas. (2) (3) The use of drip irrigation systems when possible or other water conserving irrigation systems that utilize efficient sprinklers and considerations given to prevailing winds. The use of ornamental fountains that recycle water and use a minimum amount of water. j$~c : lwndowslwmword~ l lmar981¢h l l r~v. doc 4/24/98 ORDINANCE NO. 2318 Page 41 Mo No (4) Businesses and nurseries to offer for sale low water consunfing plains and grasses along with efficient irrigation systems and to promote their use through demonstrations and advertise- ments. RATE STRUCTURES OF WATER AND WASTEWATER The City's water and wnstewater rate structure is based on the "cost of services" the utility provides. A rate structure with fees based on meter size and a uniform water usage rate is utilized to provide an equitable allocation of cost for the customer base. LEAK DETECTION AND WATER AUDITS The City of College Station has aggressively pursued a leak detection and repair program and has in inventory all necessary repair materials needed to ensure prompt repairs of all leaks detected or reported. A monthly water loss report that compares metered production and metered consumption, ns well ns accountable water losses, provides an effective tracking system of water loss. The City also has an annual distribution rehabilitation program which replaces older high loss sections of the distribution system. RECYCLING AND REUSE The City has studied the possibility of using its wastewater effluent for irrigation and industrial uses, but has determined that at this time it is not economically feasible. The City will continue to study alternative uses for its wastewater emuent. IMPLEMENTATION AND ENFORCEMENT (1) The resolution adopting thc Water Conservation Plan shall authorize the City to implement, enforce, and administer thc program. (2) Thc plan will he enforced through adoption of the Water Conservation Plan by the City Council of the City of College Station and in the following manner: (a) Service taps will not he provided to customers not meeting the plan requirements. Customers that do not pay their water bills will have service disconnected. (c) Building Inspections Division will not certify new construction which fails to meet plan requirements. CONTRACTS WITH OTHER POLITICAL SUBDMSIONS The City will, ns part of contract for sale of water to any other entity re-selling water, require that entity to adopt applicable provisions of the City's water conservation and dmnght contingency plan or have a plan in effect previously adopted by the TWDB. These provisions will he through contractual agreement prior to the sale of an)' water to die water re-seller. (1) In addition to the above outlined responsibilities, the City will submit an annual report to the Texas Water Development Board on the Water Conservation Plan. The report will include the following: (a) Public information which has been issued. (b) Public response to plan. (d) Effectiveness of Water Conservation plan in replacing water consumption. Implementation progress and status of plan. j~c:~wmdows~wtnword~ltrnar98~chl lrev. doc 4/24/98 ORDINANCE NO. 2318 Page 42 (e) The annual report will be submitted by the City to the Texas Water Development Board on or before sixty days niter the nnniversaty date of the loan closing each year. SEC'rlON 9: EMERGENCY WATER DEMAND MANAGEMENT PLAN A. INTRODUCTION This plan will provide the necessmy indicators and control measures to temporarily abate water demand in emergency situations. These provisions are designed to be in place only as long as an emergency situation exists. To be effective, the plan must have the following elements: (1) Trigger conditions that will signal the existence of an emergency situation; (2) Emergency control measures; (3) Methods to relay information and notify the public; (4) Enforcement procedures; (5) Method of implementation of plan; and (6) Procedure for termination notification. SYSTEM DESCRIPTION Currently the City has a production capacity of 14.688 MGD from its four supply wells. The City also utilizes three intercormections with other water sources. Texas A&.M is interconnected at two locations and can provide approximately 1.0 MGD to College Station's distribution system. The City of Bryan is interconnected at one location and is able to provide approximately 1.5 MGD to College Station's distribution system. The City is able to utilize these connections in emergency situa- tions provided they are available and not also in an emergency situation. The nverage daily denmnd for 1993, 1994, nnd 1995 was 7.14 MGD, 6.9 MGD, and 7.3 MGD respec- tively. The average daily production capacity was 2.05, 2.12, and 2.01 times of the nverage daily demand in 1993, 1994, and 1995 respectively. The highest peak demand recorded was on July 30, 1994, at 14.88 MGD, which was 1.3 percent greater than well production capacily. The combinations of the 14.688 MGD production capacity, 13 MG of storage capacity, and the 3 MGD interconnection capacity provide adequate supply for short term peak demand, but under extended periods of high demand, production from the aquifer diminishes due to lower water levels and reduced transmissivity. The aquifer source for the production wells, the Simsboro Sands aquifer, is projected to have adequate production capacities thi'ough the year 2020. The City is continuing to investigate alternate water sources in case of a premature reduction in aquifer production. TRIGGER CONDITIONS Daily water demand will be monitored for impending emergency conditions by the City's staff. Trigger conditions will be based on an emergency situation caused by a natural disaster, equipment or system failure, or high daily average water demand. (1) Mild Conditions (a) (b) Water demand reaches ninety percent (90%) of firm production capacity; or A disruption due to equipment or distribution system failure that would limit the capacity of the water system below eighty-five percent (85%) of capacity. J~lc: ~ndowsl w~nwordll lmarP8~ch l J rev. doc 4/24/98 ORDINANCE NO. 2318 Page 43 Do (2) Moderate Conditions (a) Water demand exceeds ninety-five percent (95%) of the firm production capacity; or Co) A disruption due to equipment or distribution system failure that would limit the capacity of the water system below seventy five percent (75%) of capacity. (3) Severe Conditions (a) Water demand reaches one hundred percent (100%) of firm production capacity; or Co) A disruption due to equipment or distribution system failure that would limit the capacity of the water system below seventy percent (70%) of capacity. (4) Critical Conditions In the event of an extended period of the severe condition or any natural catastrophic sitna- tions that interrupt or have the potential to interrupt the City's potable water supply, the City is authorized to take all reasonable measures nece_,ssary to provide for the public's safety. EMERGENCY/DROUGHT CONTINGENCY MEASURES The following measures wiU be instated by the City when trigger conditions are reached: (1) Mild Conditions (a) The public shall be informed, by local news media, that a trigger condition has been reached and they should look for ways to voluntarily reduce water demand. The specific recommendations shall be provided by the City. Co) There shall be reduced watering of public parks, public facilities and esplanades to minimum levels to avoid loss of vegetation. (c) Publish a voluntary lawn watering schedule through local media. (d) Request voluntary water reductions of major commercial water users. Moderate Conditions (a) Notify customers that all preceding measures that are in place due to mild trigger conditions will be continued. Co) Mandatory lawn watering schedule will be instated as follows: (i) Customers with even numbered street addresses will be allowed to water on even number days of the month. (ii) Customers with odd numbered street addresses will be allowed to water on odd number days of the month. (iii) Watering shall only occur between 6-10 AM and 8-10 PM (c) Water for public use shall be limited to essential practices to protect the health or safety of the community. Non-essential uses shall be prohibited, (i.e. filling of pools, hydrant flushing, street washing, or recreational grounds watering.) Severe Conditions (a) Notify customers that all preceding measures that are in place due to moderate trigger conditions will be continued. (2) (3) j~ia:lv~ndow~lvanwordlltmar98~chI /rev. doc 4/24/98 ORDINANCE NO. 231g Page 44 Eo Prohibit the use of water for spedfic outdoor activities such ns watering of yards or car washing. The City shall have the authori.*tion to grant variations for specific businesses, such as nurseries, for limited outdoor watering. Fire protection, sewer maintenance, or other related outdoor uses that provide health and safety measures shall not be restricted. (c) (d) Set limits on water consumption for both conm~erciul and residential customers. Establish monets~ fines for noncomplinnce of water consumption limits or viola- tion of the drought contingency plan. INFORMATION AND EDUCATION The severity of the trigger conditions shall dictate the procedures for informing the public as follows: (1) Mild Conditions (a) The publication of an article in the local newspaper informing the public that .a trigger condition has been reached and that there is a need to conserve water. A statement shall be issued announcing the possibility of further measures if neces- sary. (b) An article or notice, including control measures, published in the City's monthly newsletter or utility bill. (2) Moderate Conditions Public notices of moderate control measures will be published through local news media, including enforcement measures/md penalties. Distribution of mandatory watering schedules, including a description of enforce- ment measures and penalties (c) Public notification of the situation published through local news media daily. (3) Severe Conditions Daily advisors to the public published through local news media of the severe situa- tion and of severe control measures and penalties. Public announcements on local television and radio stations advising of the severe situation and of severe control measures and penalties. INITIATION PROCEDURES Monitoring of the water demand, as well as the utility system condition, will be performed by the City. As trigger conditions are exceeded, the City Manager or his designee will notify the Mayor, Council members, and the Police Department of the situation. The City Manager will then initiate the Emergency Water Demand Management Plan. TERMINATION NOTIFICATION Upon the elimination of the emergency situation or when water usage levels fall below the trigger condition levels for at least five (5) days (or less in instances where repairs have been completed or significant rainfall has occurred), the public shall be notified of the downgrading or termination of the prescribed measures. An article published in the local newspaper will be utilized for the notification of the revised status of the prescribed measures. j$~c:~wlndows~wlnword~ltmar98~chl lrm,.doc 4/24/98 ORDINANCE NO. 2318 Page 45 IMPLEMENTATION The Emergency Water Demaad Management Plan shall be implemented through its adoption by way of ordinance by the College Station City Council. ANNUAL EVALUATION AND REVISIONS OF TRIGGER CONDITIONS The Uigger conditions shall be evalna~ed at least once a year for overall effectiveness and revisions due to upgrades perfonned on the utility system. Modifications to the plan will be adopied as ~hey are jsic: ~wtndowsivnnwordll lmar98~h l I r~v. doc 4/24/98