HomeMy WebLinkAboutOrdinance 10880~-
.,
ORDINANCE NO. ~-`~G'~
AN ORDINANCE AMENDING CHAPTER 35, ARTICLE IV OF THE FORT
WORTH CITY CODE (1986, AS AMENDED, REQUIRING PERMITS TO
DISCHARGE INDUSTRIAL WASTEWATER INTO THE FORT WORTH SANITARY
SEWER SYSTEM; AUTHORIZING THE DIRECTOR OF THE FORT WORTH
WATER DEPARTMENT TO PROMULGATE REGULATIONS PERTAINING TO
SUCH PERMITTING, PROVIDING FOR DEFINITIONS, MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL
ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN
CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY; ENGROSSING AND ENROLLING THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION I.
That Article IV, "Industrial Wastes and Wastes from Acid Sinks",
Chapter 35 of the Code of the City of Fort Worth, Texas (1986),
as amended, be and the same is hereby amended to read as follows:
ARTICLE IV, REGULATIONS GOVERNING INDUSTRIAL WASTEWATERS.
1. DEFINITIONS
When used in this Article,
follows•
these terms shall be defined as
Abnormal_Sewage: Any industrial waste discharged into the
Authority sanitary sewer which, when analyzed, shows by
weight a daily average Total Suspended Solids (TSS)
concentration greater than 240 mg/L or a Biochemical Oxygen
Demand (BOD) concentration greater than 210 mg/L. In
addition, the director may judge independently a waste's
suitability for discharge to the POTW that requires
additonal treatment, based upon BOD, TSS or other
characteristics, as abnormal. Any waste in this
classification must be acceptable for discharge into the
POTW as defined in this ordinance.
Act: The Clean Water Act (33 U.S.C. 1251 et seq), as
amended.
Authority: The City of Fort Worth, Texas.
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Authorized____Re~resentative: Authorized representatives
(Authorized Signatories) for wastewater discharge permit
applications and for reports submitted under Section I,
Article IV, Paragraph 5, of this ordinance are:
1) A responsible corporate officer, if the discharger
submitting the application or report is a corporation. This
includes the president, vice-president, secretary or
treasurer of the corporation in charge of a principal
business function, or any other person who performs similar
policy or decision-making functions for the corporation.
2) The manager of one or more manufacturing, production or
operation facilities employing more than 250 persons or
having gross annual sales or expenditures exceeding $25
million (in second-quarter 1980 dollars), if authority to
sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
3) For a .partnership or sole proprietorship, a general
partner of the proprietor, respectively.
4) The principal executive officer or director having
responsibility for the overall operation of the facility if
the discharger is a federal, state or local governmental
entity, or their agents.
5) A duly authorized representative of the individual
designated in 1), 2), 3) or 4) above if: a) the
authorization is made in writing by the individual described
above in 1), 2), 3), or 4), b) the authorization specifies
either an individual or a position having responsibility for
the overall operation of the facility from which the
discharge originates (such as a plant manager), or a
position of equivalent responsibility, or having overall
responsibility for environmental matters for the company,
and c) the written authorization is submitted to the city.
If an authorization is no longer accurate because a
different individual or position has responsibility, a new
authorization must be submitted to the city prior to or
together with any reports signed by an authorized
representative.
Biochemical_ OxgQen_Demand_ (B.O_.D,,Z_ The quantity of oxygen
utilized in the biochemical oxidation of organic matter
under standard laboratory- procedure, as specified in
"Standard Methods", in five days at twenty (20) degrees
Centigrade, expressed as parts per million by weight or in
terms of milligrams per liter.
B~-Qass The intentional diversion of wastestreams or
wastewater from any portion of a discharger's wastewater
treatment equipment or pretreatment facility.
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Categorical Pretreatment Standards: Limitations on
pollutant discharges to POTW's promulgated by EPA in
accordance with Section 307 of the Clean Water Act, that
apply to specified process wastewaters of particular
industrial categories [40 CFR 403.6 and Parts 405-471].
CFR: Code of Federal Regulations.
C1tp: City of Fort Worth, TeRas.
Com osite Sample: A mixture of grab samples collected at
the same sample point at different times and composed of not
less than four samples. The series of samples may be
collected on a time or flow proportional basis.
1) Time Proportional Composite Sample - A sampling method
which combines discrete samples of constant volume collected
at constant time intervals (e.g., 200 milliliter samples
collected every half hour for a 24-hour period).
2) Flow Proportional Composite Sample - A sampling method
which combines discrete samples collected over time, based
on the flow of the wastestream being sampled. There are two
methods used to collect this type of sample. One method
collects a constant sample volume at time intervals which
vary based on the stream flow [e.g., 200 milliliters of
sample collected for every 5,000 gallons discharged]. The
other method collects samples of varying volume, based on
stream flow, at constant time intervals
Coolirnc~_.__Water;_. The water discharged from any system of
condensation such as air conditioning, cooling,
refrigeration or water used as a coolant in cooling towers
where the only pollutant is thermal.
Director: The Director of the Water Department of the City
of Fort Worth, or his authorized representative.
Discharger: Any non-residential user discharging an
effluent into a POTW by means of pipes, conduits, pumping
stations, force mains, constructed drainage ditches, surface
water intercepting ditches, intercepting ditches, and all
constructed devices and appliances appurtenant thereto. The
term includes owners and occupants of such premises.
Garbage: Solid waste from domestic or commercial
preparation, cooking or dispensing of food or from the
handling, storage, and sale of produce.
Grab Sample: A sample which is taken from a waste stream on
a one time basis with no regard to the flow of the waste
stream and without consideration of time. The sample is
collected over a period of time not exceeding 15 minutes.
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Industrial._Waste;_ Solid, liquid or gaseous waste resulting
from any industrial, manufacturing, trade, or business
process or from the development, recovery or processing of
natural resources.
In_te_rfere_nce: A discharge which, alone or in conjunction
with a discharge or discharges from other sources, bot-h:
1) Inhibits or disrupts the POTW, its treatment processes
or operations, or its sludge processes, use or disposal; and
2) Therefore is a cause of a violation of any requirement
of the POTW's NPDES permit {including an increase in the
magnitude or duration of a violation) or of the prevention
of sewage sludge use or disposal in compliance with the
following statutory provisions and regulations or permits
issued thereunder (or more stringent state or local
regulations): Section 405 of the Clean Water Act, the Solid
Waste Disposal Act (SWDA) (including Title II, more commonly
referred to as the Resource Conservation and Recovery Act
(RCRA), and including state regulations contained. in any
state sludge management plan prepared pursuant to Subtitle D
of the SWDA, the Clean Air Act, the Toxic Substances Control
Act, and the Marine Protection, Research and Sanctuaries
Act.
Maximum_ Daily Average:
substance allowed in a
laboratory test of a
wastewaters are collected
prior to discharge, such
test of a grab sample of
to determine the maximum
The maximum concentration of a
discharge as determined from a
daily composite sample. When
and stored for more than a day
as batch discharges, a laboratory
the stored wastewater may be used
Daily average concentration.
Maximum Grab: The maximum concentration of a substance
allowed in a discharge as determined from a laboratory test
of a grab sample.
ms1L: Milligram per liter
New .Source: Any building, structure, facility or
installation from which there is or may be a discharge of
pollutants., the construction of which commenced after the
publication of proposed Pretreatment Standards under section
307(c) of the Act which will be applicable to such source if
such standards are thereafter promulgated in accordance with
that section, provided that:
1) The building, structure, facility or installation is
constructed at a site at which no other source is located;or
2) The building, structure, facility or installation
totally replaces the process or production equipment that
causes the discharge of pollutants at an existing source; or
3) The production or wastewater generating processes of
the building, structure, facility or installation are
substantially independent of an existing source at the same
site. In determining whether these are substantially
independent, factors such as the extent to which the new
facility is integrated with the existing plant, and the
extent to which the new facility is engaged in the same
general type of activity as the existing source should be
considered
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4) Construction on a site at which an existing source is
located results in a modification rather than anew source
if the construction does not create a new building,
structure, facility or installation meeting the criteria of
2) or 3) above but otherwise alters, replaces, or adds to
existing process or production equipment.
Construction of a new source as
paragraph has commenced if the owner or
A) Begun, or caused to begin as
onsite construction program;
i) Any placement, assembly,
facilities or equipment; or
defined under this
operator has;
part of a continuous
or installation of
ii) Significant site preparation work including
clearing, excavation, or removal of existing buildings,
structures, or facilities which is necessary for the
placement, assembly, or installation of new source
facilities or equipment; or
S) Entered into a binding contractual obligation for
the purchase of facilities or equipment which are intended
to be used in its operation within a reasonable time.
Options to purchase or contracts which can be terminated or
modified without substantial loss, and contracts for
feasibility, engineering, and design studies do not
constitute a contractual obligation under this paragraph.
N_PDES: National Pollutant Discharge Elimination System
permit program of the Environmental Protection Agency.
O and M: Operation and Maintenance.
Other Wastes: Decayed wood, sawdust, shavings, bark, lime,
refuse, ashes, garbage, offal, oil, tar, and all other
substances except sewage and industrial wastes.
Owner or Occupant: The person, firm, or public or private
corporation, using the lot, parcel of land, building or
premises connected to and discharging sewage, industrial
wastewater or liquid, into the sanitary sewage system of the
City, and who pays, or is legally responsible for the
payment of, water rates or charges made against the said
lot, parcel of land, building or premises, if connected to
the water distribution system of the City, or who would pay
or be legally responsible for such payment if so connected.
Pass Through: The discharge of pollutants through the POTW
into navigable waters in quantities or concentrations which
are a cause of or significantly contribute to a violation of
any requirement of the POTW's NPDES permit.
Per_m_it: Wastewater Discharge Permit, issued to non-domestic
dischargers of industrial waste into the sanitary sewerage
system of the POTW.
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Person: Any individual, business entity, partnership,
corporation, governmental agency, political subdivision, or
any agent or employee thereof.
~Ht_ The logarithm (base 10) of the reciprocal of the
concentration of hydrogen ions, in grams per liter of
solution., measured and calculated in accordance with
"Standard Methods".
POTW_~Pub1iC1Y Owned__Treatment_.Work~_ Any sewage treatment
plant owned and operated by the Authority and the sewers,
pipes and conveyances owned in whole or part by the
Authority that convey wastewater to the POTW. This
definition includes any devices and systems used in the
storage, treatment, recycling and reclamation of municipal
sewage or industrial waste of a liquid nature.
Pretreatment: The reduction of the amount of pollutants,
the elimination of pollutants, or the alteration of the
nature of pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or
otherwise introducing such pollutants into the sanitary
sewer.
Pretreatment Reguirements_ Any substantive or procedural
requirement related to pretreatment, other than a National
Pretreatment Standard, imposed on an industrial user.
Pretreatment Standard_ The term "National Pretreatment
Standard," "Pretreatment Standard," or "Standard" means any
regulation containing pollutant discharge limits promulgated
by the EPA in accordance with section 307 (b) and (c) of the
Act, which applies to industrial users. This term includes
prohibitive discharge limits established pursuant to 40 CFR
Part 403.5.
Sanitary Sewer_ A publicly owned pipe or conduit designed
to collect and transport industrial waste and domestic
sewage to the POTW.
Severe Proverty Damage: Substantial physical damage to
property, damage to the treatment facilities which causes
them to become inoperable, or substantial and permanent loss
of natural resources which can be reasonably be expected to
occur in the absence of a bypass. Severe property damage
does not mean economic loss caused by delays in production.
Sewase: Water-carried human wastes or a combination of
water-carried wastes from residences, business buildings,
institutions and industrial establishments, together with
such ground, surface, storm or other waters as may be
present
Shall: Is mandatory.
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_Si~n__ificant_Chan~e_ An increase or decrease in the volume
of wastewater discharged by more than 20 percent from the
data submitted in the permit application, or the deletion or
addition of any pollutant regulated by the Authority or by
a categorical standard. Volumes are those measured by the
water service meter, a verifiable estimate, or a permanently
installed effluent flow meter approved by the Authority.
Significant Industrial User_ All industrial users subject
to categorical pretreatment standards and any other
industrial user that: discharges an average of 25,000
gallons per day or more of process wastewater to a POTW
(excluding sanitary, noncontact cooling or boiler blowdown
wastewater); contributes a process wastestream which makes
up 5 percent or more of the average dry weather hydraulic or
organic capacity of a POTW; or is designated as such by the
Authority on the basis that the industrial user has a
reasonable potential for adversely affecting a POTW's
operation or for violating any pretreatment standard or
requirement. Upon a finding that a noncategorical industrial
user meeting the criteria for a significant industrial user
has no .reasonable potential for adversely affecting a POTW's
operation or for violating any pretreatment standard or
requirement, the Authority may at any time on its own
initiative or in response to a petition received from a
noncategorical industrial user, determine such user is not a
significant industrial user.
Slug or Slu4load: Any substance (including Biochemical
Oxygen Demand) released in a discharge at a flow rate and/
or concentration which will cause a violation of the
specific discharge prohibitions in Section B, D, ar E of
this ordinance or hydraulically overloads the sanitary sewer
collection system. This includes, but is not limited to an
accidental spill or a non-customary batch discharge.
Standard Methods: "Standard Methods for the Examination of
Water and Wastewater", a publication prepared and published
jointly by the American Public Health Association, American
Waterworks Association and the Water Pollution Control
Federation, as it may be amended from time to time.
Total Suspended Solids ~~•. Solids that either float on
the surface of, or in suspension in, water, sewage or other
liquid and which are removable by laboratory filtering.
IInpolluted Water or _ Waste: Any water or liquid waste
containing none of the following: phenols or other
substances to an extent imparting taste and odor in
receiving waters; toxic or poisonous substances in
suspension, colloidal state or solution; noxious or odorous
gases; not more than ten thousand (10,000) parts per
million, by weight, of dissolved solids, of which not more
than twenty-five hundred (2500) parts per million are
chloride; not more than ten (10) parts per million each of
TSS and B.O.D,; color not exceeding fifty (50) color units;
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nor pH value of less than 5.0 nor higher than 12.0 and any
water or waste approved for discharge into a stream or
waterway by the appropriate state authority.
IIpset: An exceptional incident in which a discharger
unintentionally and temporarily is in a state of
noncompliance with the standards established in this
ordinance, due to factors beyond the reasonable control of
the discharger and excluding noncompliance to the extent
caused by operational error, improperly designed treatment
facilities, .inadequate treatment facilities, lack of
preventive maintenance, or careless or improper operation
thereof .
Wastewater: Industrial waste, sewage or any other waste
that has been used by and discharged to the POTW from an
industry, commercial enterprise, household or other water
consumer, including that which may be combined with any
groundwater, surface water or storm water.
2. PIIRPOSE AND POLICY
This ordinance provides for prohibitions on discharges of
certain substances into the public sewer system of the City from
all sources, domestic, commercial, or industrial. A further
purpose of this ordinance is to set forth uniform requirements
for industrial dischargers into the POTW Authority wastewater
collection and treatment systems, and to enable the Authority to
protect the public health in conformance with all applicable
state and federal laws relating thereto. Parts of this ordinance
are enacted pursuant to regulations established by the U. S.
Environmental Protection Agency (EPA) as set forth in 4.0 CFR Part
403.
All categorical pretreatment standards, lists of toxic
pollutants, industrial categories and other standards and
categories which have been or which will be promulgated by the
EPA shall be incorporated as a part of this ordinance, as will
EPA regulations regarding sewage pretreatment established
pursuant to the Act, and amendment of this ordinance to
incorporate such changes shall not be necessary. The Authority
shall maintain current standards and regulations which shall be
available for inspection and copying.
The objectives of this ordinance are:
A. to prevent the introduction of pollutants into the
Authority wastewater system which will interfere with the normal
operation of the system, including interference with the use or
disposal of sludge, or contaminate the resulting sludge;
B. to prevent the introduction of pollutants into the
Authority wastewater system which do mnot receive adequate
treatment in the POTW, and which will pass through the system
into receiving waters or the atmosphere or which are otherwise
incompatible with the system; and
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C. to improve the opportunity to recycle or reclaim
municipal and industrial wastewaters and sludges.
The regulation of discharges into the Authority wastewater
system under this ordinance shall be accomplished through the
issuance of permits, as specified in Section 5 herein, and by
monitoring and inspection of facilities, according to this
ordinance.
The Director shall have the authority to promulgate such
administrative regulations as are from time to time necessary for
the enforcement of this ordinance.
3. DISCHARGE PROHIBITIONS AHD LIMITATIONS
A. DISCHARGES TO_STORM_DRAINS_AND_WATERCOURSES
It shall be unlawful for any person to discharge or cause to
be discharged any wastewater into any storm drain or watercourse
within the City, except for those persons with approved permits
for such discharges.
B PROHIBITED DISCHARGES
No person shall discharge or cause to be discharged any
storm water, groundwater, roof runoff, subsurface drainage or
drainage from downspouts, yard drains, yard fountains and ponds,
or lawnsprays into any sanitary sewer. Water from swimming
pools, unpolluted industrial water, or cooling water from
various equipment shall not be discharged into sanitary
sewers if an alternate acceptable - means- of disposal is
available. If an alternate acceptable means of disposal is not
available, such water may be discharged into the sanitary sewer
provided the water meets the discharge prohibitions and
limitations of this ordinance.
C PROHIBITED SEWER CONNECTIONS, INCLUDING TRUCKED OR
HAULED WASTEWATER
It shall be unlawful for any person to deposit or discharge
into the sanitary .sewer any wastewater or solid, including
trucked or hauled wastes, unless such deposit or discharge, at a
designated discharge point, has been approved by the Authority.
D. PROHIBITED WASTEWATER CONSTITUENTS
No person shall contribute or cause to be discharged
directly or indirectly, into any public sanitary sewer any of
the following described substances, materials, water or waste•
1) any liquid or vapor having a temperature higher
than one hundred fifty degrees (150) Fahrenheit (65~
degrees Centigrade);
2) any water or waste which contains wax, grease, oil,
plastic or other substance that will solidify or become
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discernibly viscous at temperatures between thirty-two
degrees (32~) to one hundred fifty degrees (150)
Fahrenheit, thereby contributing to the clogging,
plugging or otherwise restricting the flow of
wastewater through the collection system;
3) pollutants which create a fire or explosion hazard
in the sewer system or POTW, including but not limited
to, wastestreams with a closed cup flashpoint of less
than 140 degrees Farenheit or 60~ degrees Centigrade
using the test methods specified in 40 CFR Part 261.21.
This includes flammable or explosive liquids, solids or
gases such as gasoline, kerosene, benzene, naptha,
etc., which by reason of their chemical properties or
quantity may be sufficient, either alone or by
interaction, to cause fire or explosion.
4) solid or viscous substances in quantities capable
of causing obstruction in the flow in sewers or other
interference with proper operation of the POTW, such
as, but not limited to, ashes, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, whole blood, paunch manure, hair and
fleshings, entrails, lime slurry, lime residues, slops,
chemical residues, paint residues, or bulk solids;
5) any garbage that has not been properly comminuted
or 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-half (1/2) inch in any dimension;
6) any noxious or malodorous substances which can
form a gas which, either singly or by interaction with
other wastes, is capable of causing. objectionable odors
or hazards to life or form solids in
concentrations exceeding limits established in this
ordinance, or creates any other condition deleterious
to structures or treatment processes, or requires
unusual provisions, attentions or expense to handle
such material;
7) any noxious or malodorous liquids, gases, or
solids which either singly or by interaction are
capable of creating a public nuisance or hazard to life
or which may prevent entry into the sewers for their
maintenance and repair;
8) any substance which may cause the POTW's effluent
or treatment residues, sludges, or scums, to be
unsuitable for reclamation and reuse or to interfere
with the reclamation process as determined pursuant to
criteria in this ordinance. In no case, shall a
substance discharged to the POTW cause the POTW to be
in noncompliance with sludge use or disposal criteria,
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guidelines or regulations developed under Section 405
of the Act or any criteria, guide-lines or regulations
affecting sludge use or'disposal developed pursuant to
the Solid Waste Disposal Act, the Resource Conservation
and Recovery Act, the Clean Air Act, the Toxic
Substances Control Act, or state standards applicable
to the sludge management method being used;
9) any substance which will cause the POTW to violate
its NPDES or other disposal system permits, or the
receiving stream water quality standards;
10) any substance with objectionable color not
removed in the treatment process, such as, but not
limited to, dye wastes and vegetable tanning solutions;
11) any slugload;
12) any wastewater which causes a hazard to human life
or creates a public nuisance; or
13) any dump or slugload of waste containing
concentrated organic solvents or mixtures of solvents
which are defined as hazardous by the Federal Resource
Conservation and Recovery Act
14) petroleum oil, nonbiodegradable cutting oil, or
products of mineral oil origin in amounts that will
cause obstruction of flow in the sewer line, or
interference or pass through.
E. WASTEWATER LIMITATIONS
No person shall contribute or cause to be discharged,
directly or indirectly, into any sanitary sewer any wastewaters
containing or having:
1) Free or emulsified fats, oils, and greases
exceeding 200 mg/L. A concentration of 500 mg/L is
allowable providing the Authority has specifically
determined that the waste: a) derives from animal or
vegetable materials; b) biodegrades readily in the
POTW; c) does not cause an obstruction of flow in the
sewer line; and d) the discharge is pretreated by
discharge through an approved grease trap or other
pretreatment process.
2) Acids or alkalies capable of causing damage to
sewage disposal structures or personnel or having a pH
value lower than 5.0 or higher than 12.0.
3) Metals in the form of compounds or elements with
total concentrations exceeding the following:
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MAXIMUM DAILY MAXIMUM GRAB
AVERAGE (ma/L) (ma/L)
Arsenic 0.1 0.3
Cadmium 0.3 0.9
Chromium 5.0 15.0
Copper 3.0 9.0
Lead 2.9 8.7
Mercury 0.01 0.03
Nickel 2.0 6.0
Silver 0.1 0.3
Zinc 5.0 15.0
4) Cyanide or cyanogen compounds [(expressed as total
CN-)] in excess of 1.0 mg/L.
5) Hydrogen sulfide, sulfur dioxide or nitrous oxide
in excess of 10 parts per million.
6) Radioactive wastes or isotopes with a halflife or
concentration exceeding limits established by the
Authority in compliance with applicable state or
federal regulations.
7) Toxic pollutants in sufficient quantity, either
singly or by interaction with other wastes, to injure
or interfere with any wastewater treatment process,
constitute a hazard to humans or animals, or to pass
through the treatment plant and impair aquatic life in
receiving water, as expressed by the results of acute
or chronic toxicity tests of the POTW effluent.
8) A temperature which inhibits or interferes with
biological activity in the POTW treatment plant. In no
case shall wastewater be introduced which would have a
temperature exceeding 40~C (104~F) upon entering the
POTW treatment plant.
9) Pollutants in excess of the limitations
established in an applicable categorical pretreatment
standard set forth in Title 40 of the Code of Federal
Regulations.
10) Wastewaters which emanate vapors causing the
atmosphere in the sewer system to exceed 20~ of the
lower explosive limit in the immediate area of the
discharge
4. SPECIAL RULES RELATING TO INDUSTRIAL DISCHARGERS
A. ComQliance With Standards
1) State requirements and limitations on discharges
to the POTW shall be met by ali dischargers which are
subject to such standards in any instance in which they
are more stringent than Federal requirements and
limitations or those in this or any other applicable
ordinance
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2) No discharger shall increase the use of potable or
process water in any way for the purpose of diluting a
discharge as a partial or complete substitute for
adequate treatment to achieve compliance with the
standards set forth in this ordinance.
3) Where deemed appropriate the Authority may apply
mass limitations expressed in pounds per day of
pollutant discharged.
B. Accidental Discharges
Each discharger shall provide protection from accidental
discharge of prohibited or regulated materials or substances
established by this ordinance. Where necessary, facilities to
prevent accidental discharge of prohibited materials shall be
provided and maintained at the discharger's cost and expense.
When applicable, detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the
Authority for review, and shall be approved by the Authority
before construction of the facility. Review and approval of such
plans and operating procedures by the Authority shall not
relieve the discharger from the responsibility to modify its
facility as necessary to meet the requirements of this ordinance.
Dischargers shall notify the Authority immediately upon the
occurrence of a "slug" or accidental discharge of substances
prohibited by this ordinance. The notification shall include
location of discharge, date and time thereof, type of waste,
concentration and volume, corrective actions taken, and be signed
by the dischargers Authorized Representative. Any discharger
discharging slugs of prohibited materials shall be liable for any
expense, loss or damage to the POTW, in addition to the amount of
any fines imposed on the Authority under state or federal law.
Each employer shall instruct all applicable employees, who
may cause or discover such a discharge, with respect to emergency
notification procedure including the proper telephone number of
the Authority to be notified.
C Wastewater Discharges Into Private Sewer SYStems
All dischargers who discharge wastewater into a private
sewer system shall comply with this ordinance including Section
5 A. 7); provided, however, that flow measurement may be based on
metered water consumption Each discharger shall provide an
agreement, signed by the owner of the sewer system, which
authorizes the Authority's personnel to enter onto the owner's
property for purposes of inspection and monitoring of
discharger's premises, and for enforcement pursuant to the terms
of this ordinance
D. Prohibition of_ BY~ass
1) Bypass of a discharger's treatment equipment or
treatment facility is prohibited and the Authority may
take enforcement action against the discharger unless:
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(i) The bypass was unavoidable to prevent loss of
life, personal injury, or severe property damage,
and;
(ii) There were no feasible alternatives to the
bypass, such as use of auxiliary treatment
facilities, retention of untreated wastewater, or
maintenance during normal periods of downtime.
This condition is not satisfied if, in the
exercise of reasonable engineering judgement,
adequate back-up equipment should have been
installed to prevent a bypass which occurred
during normal periods of equipment downtime or
maintenance, and;
(iii) The discharger submitted advanced, written
notice of the need for a bypass.
2) The discharger shall submit oral notice to the
Authority of an unanticipated bypass that exceeds
categorical standards or other discharge limits within
24 hours of the time the discharger becomes aware of
the bypass. Written notice shall be provided within 5
days of the time the discharger becomes aware of the
bypass. The written notice shall include a description
of the bypass and its causes, duration of the bypass,
steps taken to prevent the reoccurrence of the bypass,
and must be signed by the Authorized Representative of
the discharger.
3) The Authority may approve an anticipated bypass,
after considering its adverse effects, if it determines
that the bypass will meet all of the conditions of
paragraph 1) above
E. Notification of Hazardous Waste Discharges
All dischargers shall notify the Authority, The EPA
Regional Waste Management Division Director, and the Texas
Water Commission hazardous and Solid Waste Division Director, in
writing of any discharge into a POTW of any substance, which,
if otherwise disposed of, would be a hazardous waste under 40
CFR Part 261. Any notification under this paragraph must be
submitted in conformance with 40 CFR Part 403.12 (p).
5 ADMINISTRATION BY PERMIT
A Classification of Dischargers and Permits
1) All non-domestic users which discharge into the
sanitary sewer system of the Authority shall be grouped
according to the following definitions:
Group I - SSignificant Industrial Users
Page 14
Group II - Commercial Facilities and Small Industrial Users
Those commercial facilities and industrial users which are
not included in Group I and which do not discharge a significant
amount of regulated pollutants on a regular basis. Examples
include automotive service shops, small food processors and
photographic developing shops.
Group III - Classed High Strength Users
Restaurants, car washes or other businesses which can be
classed according to an average strength or abnormal strength of
their wastewater.
Group IV - Wastewater Haulers
Transporters of wastewater desiring to discharge into the
Authority's sanitary sewage system.
2) All Group I dischargers shall submit a Wastewater
Discharge Permit Application to the Authority on
a form provided by the Authority.
3) No new Group I user shall be allowed to discharge
until issued a valid permit.
4) The Authority will evaluate the completed
applications and data furnished by the discharger and
may require additional information. If, after
evaluation, the application is deemed satisfactory,
then a wastewater discharge permit shall be issued
within 60 days after the evaluation is complete. The
wastewater discharge permit shall be subject to the
terms and conditions specified herein and to the
regulations of the Authority.
5) If the application is denied, the applicant shall
be notified in writing within 30 days of the reasons
for such denial. If denial is based on the Authority's
determination that the applicant cannot meet the
wastewater discharge limitations of this ordinance, the
Authority may specify that the applicant be required to
pravide pretreatment of the waste before it is deemed
acceptable for sewer discharge.
6) Where additional pretreatment and/or operation and
maintenance activities will be required to comply with
this ordfinance, pursuant to 5), above, the discharger
shall provide a declaration of the shortest schedule by
which the discharger will provide such additional
pretreatment and/or implement added operational and
maintenance activities.
Page 15
(i) The schedule shall contain milestone dates
for the commencement and completion of major
events leading to the construction and operation
of additional pretreatment required for the
discharger to comply with the requirements of this
ordinance including, but not limited to dates,
relating to hiring an engineer, completing
preliminary plans, completing final plans,
executing contract(s) for major components,
commencing construction, completing construction,
and all other acts necessary to achieve compliance
with this ordinance. '
ii) The time increments between milestone dates
established shall be the shortest practicable for
the completion of the required work. Under no
circumstances shall the Authority permit a time
increment for a single step in the compliance
schedule to exceed nine (9) months. The completion
date in this schedule shall not be later than the
compliance date established for applicable
categorical pretreatment standards.
(iii) Not later than 14 days following each
milestone date in the schedule and the final date
for compliance, the discharger shall submit a
progress report to the Authority, including a
statement as to whether or not it complied with
the increment of progress represented by that
milestone date .and, if not, the date on which it
expects to comply with this increment of progress,
the reason for delay, and the steps being taken by
the discharger to return the construction to the
approved schedule. In no event shall more than 9
months elapse between such progress reports to the
Authority.
7) Prior to the approval of a permit, unless exempted
by the Authority, all dischargers shall provide
monitoring facilities to allow inspection, sampling
and/or flow measurement of wastewaters before entering
the sanitary sewer of the Authority. Each monitoring
facility shall be located on the discharger's premises;
provided, however, where such location would be
impractical or cause undue hardship to the discharger,
the Authority may approve the placement of monitoring
facilities in the public street or sidewalk area All
monitoring equipment and facilities shall be maintained
in a safe and proper operating condition at the
expense of the discharger. Failure to provide proper
monitoring facilities shall be grounds for denial of a
permit.
Page 16
B. Permit Conditions
Permits are issued to a specific discharger for specific
operation and are not assignable to another discharger or
transferable to any other location without the prior written
approval of the Authority.
Permits may include as applicable, but shall not be limited
to, the following information:
1) Limits on the average and maximum amount of
certain wastewater constituents to be discharged;
2) Limits on average and maximum rate and time of
discharge and/or requirements for flow regulations and
equalization;
3) Requirements for installation and maintenance of
inspection and sampling facilities;
4} Location of approved discharge point(s);
5) Additional coy
reasonably require
applying to the
including sampling
number, types, and
analysis method, and
Zditions as the Authority may
under particular circumstances,
monitoring of a given discharge,
locations, frequency of sampling,
standards for tests, laboratory
reporting schedule;
6) Compliance schedules;
7) Requirements for submission of special technical
reports or discharge reports where same differ from
those prescribed by this ordinance;
8) Duration of Permit;
9) Statement of applicable civil and criminal
penalties for violation of pretreatment standards and
requirements; and
10) Statement of non-transferability
C. R ~orting Requirements for Dischar ers
1) Baseline Report: Within 180 days following the
effective date for new or revised categorical
pretreatment standards, or at least 90 days prior to
commencement of the introduction of wastewater into the
POTW by a new discharger, any discharger subject to a
categorical pretreatment standard shall submit to the
Authority a report (in a form provided by the
Authority), indicating the nature and concentration of
all prohibited or regulated substances contained in its
Page 17
discharge, and the average and maximum daily flow in
gallons. The report shall state whether the applicable
categorical pretreatment standards are being met on a
consistent basis and, if not, what additional O and M
or pretreatment is necessary to bring the discharger
into compliance with the applicable categorical
pretreatment standards. This report shall be signed by
an authorized representative and certified by a
qualified professional as stated in 40 CFR Part
403.12(b)(6).
2) 90 Day Compliance Report: Within 90 days
following the date for final compliance by the
discharger with applicable categorical pretreatment
standards or 90 days following commencement of the
introduction of wastewater into the POTW by a new
discharger, any discharger subject to categorical
pretreatment standards shall submit to the Authority a
report indicating the nature and concentration of all
prohibited or regulated substances contained in its
discharge, and the average and maximum daily flow in
gallons. The report shall state whether the applicable
categorical pretreatment standards or requirements are
being met on a consistent basis and, if not, what
additional O and M or pretreatment is necessary to
bring the discharger into compliance with the
applicable categorical pretreatment standards or
requirements. This report shall be signed by an
authorized representative of the discharger.
3) Periodic Compliance Reports: Any discharger
subject to a categorical pretreatment standard made a
part of this ordinance shall submit to the Authority a
report indicating the nature and concentration of
prohibited or regulated substances in the effluent
which are limited by the categorical pretreatment
standards hereof. Reports are required after the
compliance date of such a pretreatment standard, or in
the case anew discharger, after commencement of the
discharge, and are to be submitted during the months of
July and January of each year.
In addition, where applicable, this report shall
include a record of all measured or estimated average
and maximum daily flows which, during the reporting
period, exceeded the average daily flow specified in
Section 5.B. 1) and 2) hereof. Flows shall be reported
on the basis of actual measurement, provided however,
where cost or feasibility considerations justify, the
Authority may accept reports of average and maximum
flows estimated by verifiable techniques. The
Authority, taking into consideration extenuating
factors, may authorize the submission of said reports
on months other than those specified above
Page 18
4) Analysis and Sampling Procedures: All analyses
shall be performed in accordance with procedures
contained in 40 CFR Part 136 and amendments thereto or
with any other test procedures approved by the
Administrator. Sampling shall be performed in
accordance with the techniques approved by EPA. Where
40 CFR Part 136 does not include sampling or analytical
techniques for the pollutants in question, or where EPA
determines that the Part 136 techniques are
inappropriate for the pollutant in question, sampling
and analyses shall be performed using validated
analytical methods or any other sampling and analytical
procedures, including procedures suggested by the POTW
or other parties, approved by EPA.
5) Reporting Additional Monitoring: If an industrial
user subject to the reporting requirements of this
section monitors any pollutant more frequently than
required by the Authority, using the procedures
prescribed in paragraph (4) of this section,
the results of this monitoring shall be included
in the report.
6) Significant Noncategorical Industrial User
Reporting: Significant noncategorical industrial users
shall submit to the Authority at least once every six
months (on dates as specified by the Authority) a
description of the nature, concentration, and flow of
the pollutants required to be reported by the
Authority These reports shall be based on sampling
and analysis performed in the period covered by the
report, and performed in accordance with the techniques
described in paragraph (4) of this section. This
sampling and analysis may be performed by the Authority
in lieu of the significant noncategorical industrial
user.
7) Notification of Changed Discharge: Dischargers
shall give prior written notification to the Authority
of any significant change in the volume or character of
pollutants in the discharge.
8) Authority Monitoring: Sampling and analysis for
the reports required by paragraphs (1), (2), (3) and
(6) above may be performed by the Authority in lieu of
the discharger If all information required for the
report, including flow data, is collected by the
Authority, the discharger will not be required to
submit the report or certifications.
9) Signatory Requirements: All applications and
compliance reports submitted to the Authority must
contain the following certification statement and be
signed by the Authorized Representative
Page 19
"I certify under penalty of law that this document and
all attachments were prepared under my direction or
supervision in accordance with a system designed to
assure that qualified personnel properly gather and
evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the
information, the information submitted is, to the best
of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant
penalties for submitting false information, including
possibility of fine and imprisonment far knowing
violations."
D Inspection and Flow Measurement
1) The Authority may inspect the facilities of any
discharger to determine compliance with the
requirements of this ordinance. The discharger shall
allow the Authority or its representatives to enter
upon the premises of the discharger at all reasonable
hours for the purposes of inspection, sampling, or
examination of records. All reports and records
related to the provisions of this ordinance shall be
made available for copying and inspection by the
Authority. The Authority shall have the right to set
upon the discharger's property such devices as are
necessary to conduct sampling, inspection, compliance
monitoring and metering or measuring operations. The
inspectors, agents or representatives of the Authority
charged with the enforcement of this section shall be
deemed to be performing a governmental function for the
benefit and health and welfare of the general public
and neither the Authority nor any individual inspector,
agent or representative shall be held liable for any
loss or damage, whether real or asserted, caused or
alleged to have been caused as a result of the
performance of such governmental function. The failure
or refusal of such owner or discharger to comply with
this provision shall be grounds for the disconnection
of water or sewer service to the facility.
The industrial waste discharged or deposited into
the sanitary sewers shall be subject to periodic
inspection and sampling as often as may be deemed
necessary by the Authority. Samples. shall be collected
in such manner as to be representative of the character
and concentration of the waste under operational
conditions. The laboratory methods used in the
examination of said waste shall be those set forth in
40 CFR Part 136. The determination of the character and
concentration of industrial waste shall be made at such
times and on such schedules as `may be established by
Page 20
the Authority. Should a discharger desire a
determination of tlhe quality of such industrial waste
be made at some time other than that scheduled by the
Authority, such special determination may be made by
the Authority at the expense of the owner or
discharger.
2) Measurement of Flow: The volume of flow used in
computing sewage charges shall be based upon metered
water consumption or discharge as shown in the records
of meter readings maintained by the Fort Worth Water
Department.
Where it can be shown to the satisfaction of the
Director that a substantial portion of the metered
water does not enter the sanitary sewer, the Director
may require or permit the installation of additional
approved meters at the owner's expense, to measure the
quantity of water actually entering the sewer system.
If approved by the Director, the measured quantity of
water actually entering the sewer system will be used
to determine the sewer service charge.
Any discharger who procures all or part of its
water supply from sources other than the Fort Worth
Water Department, all or part of which is subsequently
discharged into the sanitary sewer, shall install and
maintain at its expense an effluent meter or flow
measuring device approved by the Director for the
purpose of determining the proper volume of flow to be
used in computing sewer service charges. Such meters or
measuring devices shall be read monthly..
If the Director determines that it is not
practicable to measure the quantity or quality of waste
by the aforesaid meters or monitoring devices, the
quantity or quality of the waste shall be determined in
any manner or method the Director may find practicable
in order to arrive at the percentage of water entering
the sanitary sewage system of the Authority and/or the
quality of the sewage to be used to determine the sewer
service charge.
E. Permit Modifications
1) The Authority reserves the right to amend any
permit issued hereunder in order to assure compliance
by the Authority with applicable laws and regulations.
The Authority may amend any permit for good cause
including, but not limited to the following•
i) To incorporate any new or revised federal, state,
or local pretreatment standards or requirements,
Page 21
ii) Material or :substantial alterations or additions
to the discharger's operation processes, or discharge
volume or characi:er which were not considered in
drafting the effecttive permit,
iii) A change in any condition in either the
industrial user or the POTW that requires either a
temporary or permanent reduction or elimination of the
authorized discharge,
iv) Information indicating that the permitted
discharge poses a threat to the Authority's collection
and treatment systems, POTW personnel or the receiving
waters,
v) Violation of any terms or conditions of the
permit,
vi) Misrepresentation or failure to disclose fully
all relevant facts in the permit application or in
any required reporting,
vii) To correct typographical or other errors in the
permit,
viii) To reflect transfer of the facility ownership
and/or operation to a new owner/operator,
ix) Upon request of the permittee, provided such
request does not create a violation of any applicable
requirements, standards, laws, or rules and
regulations.
2) All categorical pretreatment standards
promulgated and adopted by the EPA after the effective
date of this ordinance shall automatically become a
part of this ordinance. Where a discharger, subject to
a categorical pretreatment standard, has not previously
submitted an application for a permit as required by
Section 5.A. 2) above, the discharger shall apply for a
permit from the Authority within 180 days after the
promulgation of the applicable categorical pretreatment
standard by the EPA. In addition, the discharger with
an existing permit shall submit to the Authority within
180 days after promulgation of an applicable
categorical pretreatment standard, the information
required by Section 5.C. 1) above. The discharger
shall be informed of any proposed changes in its permit
at least thirty (30) days prior to the effective date
of change. Any changes or new conditions in the permit
shall include a reasonable time schedule for
compliance.
Page 22
F. Confidential_Information
1) All information
to the POTW may be
agency governing the
considered subject
however, that the
information not be
accordance with 40 C:
and data submitted by a discharger
submitted to any State or Federal
POTW. Such information shall be
to public disclosure, provided,
discharger may request that
subject to public disclosure, in
FR Part 2 as f of 1 ows
a. A discharger may assert a business
confidentiality claim covering part or all of the
information in a manner described below „ and that
information covered by such a claim will be
disclosed only by means of the procedures set
forth below
b. If no claim of business confidentiality is
asserted, all information will be subject to
public disclosure without further notice to the
discharger.
2) Method and time of asserting business
confidentiality claim: A discharge which is submitting
information to the Authority may assert a business
confidentiality claim covering the information by
placing on or attaching to the information, at
the time it is submitted to the Authority, a cover
sheet, stamped or typed legend, or other suitable
form of notice employing language such as "trade
secret," "proprietary," or "company confidential."
Allegedly confidential portions of otherwise
nonconfidential documents should be clearly identified
by the discharger, and may be submitted
separately to facilitate identification and handling
by the Authority. If the discharger desires
confidential treatment only until a certain date
or until the occurrence of a certain event, the
notice should so state.
3) Nothing in this section shall prevent the
disclosure of information and data regarding the nature
and content of a discharger's effluent, and the
frequency of discharge, or a standard or limitation to
be met by the discharger, and this information shall be
available to the public with no restrictions Effluent
data which cannot be held as confidential is as defined
in 40 CFR 2 302.
4) The provisions of this section shall be subject to
any public disclosure requirements which may exist
under Article 625?_-17a, V.A.C.S.
Page 23
6. ENFORCEMENT
A. Revocation of Permit
The Authority may revoke the permit or terminate water
or sewer service of anl! discharger which fails to:
1) factually report the wastewater constituents and
characteristics of its discharge; or
2) report sigYiificant changes in wastewater
constituents or ch<~racteristics; or
3) allow reasonable access to the discharger's
premises by representatives of the Authority for the
purpose of inspection or monitoring; or
5) pay sewer changes; or
6) meet compliance schedules; or
7) fulfill the conditions of its permit, or this
ordinance, or to obey any final judicial order with
respect thereto.
B. Notification of Violation - Administrative Adjustment
Whenever the Authority finds that any discharger has
engaged in conduct which justifies revocation of a permit,
pursuant to Section 6.A. hereof, the Authority shall serve
or cause to be served upon such discharger a written notice,
either by personal delivery or by certified or registered
mail, return receipt requested, stating the nature of the
alleged violation. Within thirty (30) days of the date of
receipt of the notice, the discharger shall respond in
person or in writing to the Authority, advising of its
position with respect to the allegations. Thereafter, the
parties shall meet to ascertain the veracity of the
allegations and where necessary, establish a plan for the
satisfactory correction thereof.
C. Show Cause Hearing
Where the violation of Section 6.A. hereof is not
corrected by means of administrative adjustment, the
Authority may order any violating discharger to show cause,
before the Authority or' its duly authorized representative,
why the proposed permit revocation action should not be
taken. A written notice shall be served on the discharger by
personal service, or by certified or registered mail, return
receipt requested, ~~pecifying the time and place of a
hearing to be held by the Authority or its designee
regarding the violatior-, the reason°s why the enforcement
action is to be taken, the proposed enforcement action, and
Page 24
directing the discharger' to show cause before the Authority
or its designee why they proposed enforcement action should
not be taken. The notice of the hearing shall be served no
less than ten (10) days; before the hearing. Service may be
made on any agent, officer, or authorized representative of
the discharger. The Authority shall then enter appropriate
orders with respect to t:he alleged improper activities, if
any.
D. Right__of Appeal of_Administrative_Ruling
Any discharger or any interested party shall have the
right to request in wrii~ing an interpretation or ruling by
the Authority on any matter covered by the ordinance and
shall be entitled to a prompt written reply. In the event
that such inquiry is by a discharger and deals with matters
of performance or compliance with this ordinance or deals
with a permit issued pursuant hereto for which enforcement
activity relating to a~z alleged violation is the subject,
receipt of a discharger's request shall stay alI enforcement
proceedings pending receipt of the aforesaid written reply;
provided, however, the Authority may take any action it
deems necessary to protect its wastewater collection and
treatment system or to comply with its NPDES permit or to
comply with any contract the Authority has for the treatment
of wastewater.
E. Judicial Proceedings
The Authority, with respect to the conduct of any
discharger contrary to the provisions of this ordinance may
authorize its attorney to commence any legal action in a
court of competent jurisdiction for equitable and/or legal
relief .
F Emergency Suspension of Service &_Discharge Permits
The Authority, may, for good cause shown, suspend water
or wastewater service t.o the discharger's facility, when it
appears to the Authority that an actual or threatened
discharge presents or may present an imminent or substantial
danger to the health or welfare of persons, substantial
danger to the environment, interfere with the operation of a
POTW, violate any pretreatment limits imposed by this
ordinance or any Permit issued pursuant to this ordinance.
Any discharger notified of the suspension of the Authority's
water or wastewater service and/or the discharger's permit,
shall within a reasonable period of time, as determined by
the Authority, cease <ill discharges. In the event of the
failure of the discharger to comply voluntarily with the
suspension order within the specified time, the Authority
may commence judicial proceedings to compel the discharger's
compliance with such order or may immediately disconnect
such discharger's service line from the city water and
Page 25
sanitary sewer system. In the case of emergency
disconnection of service, the Director shall make a
reasonable attempt to notify the owner or discharger before
disconnecting the service line. The party whose service has
been disconnected shall have an opportunity for a hearing on
the issue of the illegal. discharge and the disconnection as
soon as possible after :such disconnection has taken place.
The Authority ma3- reinstate the permit and/or the
wastewater or water sertrice upon proof by the discharger of
the cessation of the nori-complying discharge or elimination
of conditions creating t:he threat of imminent or substantial
danger as set forth above. The city water and/or wastewater
service shall be reconnected at the discharger's expense.
G. O~erating Upsets
Any discharger which experiences an upset in operations
which places the dis~:harger in a temporary state of
non-compliance with ithis ordinance shall inform the
Authority within 24 hours of first awareness of the
commencement of the upset. Where such information is given
orally, the Authority tnay at its discretion require the
discharger to file a written report within five working
days. The report shall ;specify:
1) Description of the upset, its cause and the
upset's impact on a discharger's compliance status.
2) Duration of :non-compliance, including exact dates
-- and times of non-compliance, and if the non-compliance
continues, the time by which compliance is reasonably
expected to occur.
3) All steps taken or to be taken to reduce,
eliminate and prevent recurrence of such an upset or
other conditions of non-compliance
An operating upset which was not the result of
negligence on the part of the discharger, and which has
been documented and verified in the manner stated above
shall be an affirmative defense to any enforcement
action brought by the Authority against a discharger
for any non-compliance with the ordinance which arises
out of violations alleged to have occurred during the
period of the upset.
H. Recovery of Costs Incurred by the Authority
Any discharger who discharges or causes a discharge
producing a deposit or obstruction, or causes damage to or
impairs the Authority's wastewater system, shall be liable
to the Authority for ar.~y expense, loss, or damage caused by
such violation or discharge. The Authority shall bill the
Page 26
discharger for the costs incurred by the Authority for any
cleaning, repair, or replacement work caused by the
violation or discharge. Failure to pay such bill may result
in the termination of water or wastewater service.
I. Falsif~ng_Information
Any person who knowingly makes any false statement,
representation or certification in any application, record,
report, plan or other document filed or required to be
maintained pursuant to this ordinance, or falsifies, tampers
with, or knowingly renders inaccurate any monitoring device
or method required under this section, shall, upon
conviction, be punished as provided in section 1-6 of the
Code of the City of Fort Worth (1986) as amended.
7. MISCELLANEOUS
A. Removal Credits
Where applicable, t:he Authority may elect to initiate a
program of removal credits as part of this ordinance to
reflect the POTW's ability to remove pollutants in
accordance with 40 CFR Fart 403.7
B. Ne~Gross_Calculat_i.ons
The Authority m<~y elect to adjust categorical
pretreatment standards i~o reflect the presence of pollutants
in the discharger's int<~ke water, in accordance with 40 CFR
Part 403.15.
C. Preservation of Records
All dischargers subject to this ordinance shall retain
and preserve for no less than three (3) years, any records,
books, documents, memoranda, reports, correspondence and any
and all summaries thereof, relating to monitoring, sampling
and chemical analyses made by or on behalf of a discharger
in connection with its discharge. All records which pertain
to matters which are the subject of administrative
adjustment or any other enforcement or litigation activities
brought by the Authority pursuant hereto shall be retained
and preserved by the discharger until all enforcement
activities have concluded and all periods of limitation with
respect to any and all appeals have expired.
D. Costs_ of_ .Administering'. Program
The i~uthority niay make such charges, known as
monitoring and pretreatment charges, as are reasonable for
services rendered in adlministering the programs outlined in
Page 27
this ordinance. Such charges may include, but are not
limited to:
1) permitting industrial facilities;
2) inspection;
3) sample analysis;
4) monitoring; and,
5) enforcement.
E. Right of Revision
The Authority z~eserves the right to amend this
ordinance to provide fox' more or less stringent limitations
or requirements on discharges to the POTW where deemed
necessary to comply wit>r- the objectives set forth in Section
2 of this ordinance.
F. Publication of List: of Significant Violators
The Authority shall annually publish in the largest
local daily newspaper a list of users that have
significantly violated federal pretreatment requirements
during the previous 12 months. Definition of significant
violation shall be the definitions listed in 40 CFR Part
403.8 (f) (2) (vii), and in the Authority's NPDES permit.
SECTION II.
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, Texas
{ 1986) , as amended, except wlhere the provisions of..-.this.._ordinance
are in direct conflict with the provisions of such ordinances and
such Code, in which event conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION III.
That all rights or remedies of the City of Fort Worth,
Texas, are expressly saved as to any and all violations of
Chapter 35 or of any amendments thereto, of the Fort Worth City
Code (1986), as amended, which have accrued at the time of the
effective date of this ordinance; and as to such accrued
violations, and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same
shall not be affected by this ordinance, but may be prosecuted
until final disposition by the courts.
Page 28
SECTION IV.
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance acre severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shal-1 be
declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of f:hi.s ordinance, since the same would
have been enacted by the Cif;y Council without the incorporation
in this ordinance of any ;such unconstitutional phase, clause,
sentence, paragraph or section.
SECTION V.
A
That the violation of any pretreatment standard or
requirement, or any provision of this ordinance or of the Fort
Worth City Code {1986), as amended, relating to sewer service
shall be deemed an offense and punishable by a fine not
exceeding Two Thousand Dollars ($2,000), and each violation
hereof, and each day on which there is a failure to comply with
the terms of this ordinance shall be and is hereby declared to
be a distinct and separate offense and punishable as such. As
used herein, the term violation includes exceeding any
discharge limit or parameter for which a single sample is
analyzed.
SECTION VI.
That the City Secretary of the City of Fort Worth is hereby
directed to publish the caption, penalty clause and effective
date of this ordinance for five (5) days in the official
newspaper of the City of Fort Worth, as authorized by Section
52.013, Texas Local Government Code
APPROVED AS TO FORM AND LEGALITY'
T
in City Atto ney
Date:
ADOPTED : ~~ ~:~'~ "~-~ r ~~~
Page 29
CITY OF FORT FIORTH
INDUSTRIAL WASTEWATER ORDINANCE
TABLI~ OF CONTENTS
Ordinance
Section Description of Paragraph Pa e
Regulations Governing Industrial Wastewaters 1
(Ordinance No. )
Definitions 1
Purpose and Policy 8
Categorical Pretreatment Standards 8
Objectives 8
Prohibited Discharges 9
Stormwater, Runoff, Drainage 9
Trucked or Hauled Wastewater 9
Temperature Limit 9
Solidifying Substances 9
Flammables or• Explosives 10
Obstructing Substances 10
Gaseous Substances 10
Substances WY-ich inhibit Treatment or Sludge Use 10
Substances WYiich Cause NPDES Violations I1
Objectionable: Color 11
Slugloads or Hazards to Human Life 11
Oi 1 and Grea:~e 11
pH Limitations 11
Heavy Metals 11
Cyanide 12
Radioactive wastes 12
Other Toxic 1Pollutants 12
National Categorical Pretreatment Standards 12
Special Rules 12
State Requirements 12
Dilution Prohibited 13
Mass Limits 13
Accidental Discharges 13
Notification of Slug or Accidental Discharge 13
Discharges Into Private Sewers 13
Bypass Prohibited 13
Notification of Hazardous Waste Discharges 14
Administration by Permit 14
Classification of Dischargers 14
Group III and IV Exemptions 15
Permit Application 15
Evaluation of Permit Application 15
Compliance ~>chedule 15
Progress Reports 16
Monitoring Facilities 16
Permit Conditions 16
Reporting Requirements 17
Inspection ~~nd Flow Measurement 20
Sampling 20
Measurement of Flow 21
Permit Modifications 21
Confidential and Public Information 23
r
INDUSTRIAL WASTEWATER ORDINANCE
TABLE''. OF CONTENTS (Continued)
Ordinance
Section Description of Pa,raaraph Page
I Enforcement 24
Revocation of Permit 24
Notification of Violation 24
Show Cause Hearing 24
Appeal 25
Judicial Proceedings 25
Emergency SusF-ension of Service 25
Operating Upsets 26
Recovery of Damage Costs 26
Falsifying In~`ormation 27
Miscellaneous 2~
Removal Credil:s 27
Preservation of Records 27
Cost of Admin~Lstering the Program 27
Revisions 28
Publication o~E List of Significant Violators 28
V Fines 29
MI:SI'CR Fl~.E 2
ACCOUNTIPIC 2 CW r OV ~'IV. v ~V/ {~~ ~v~~
7RAfVSPORTAT10C U - C Wqq ~/ Y ~~~/~/~•~ manic
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DATE REFEREN E NUMBER *G_~230 L NAME 600RDREV PA E 1 of 2
07/23/91
~ SUBJECT ~ INDUSTRIAL WASTE ORDINANCE_REVISION ~
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance which amends the
existing Industrial Waste Ordinance approved August 16, 1983.
DISCUSSION:
The Industrial Waste Ordinance was extensively revised in 1983 to allow the City to
implement and enforce requirements under the U.S. Environmental Protection Agency's
(EPA) pretreatment program rules (~~&C C-7034). This program was implemented in order
to adequately protect the sewer colilection system and wastewater treatment plant from
harmful industrial waste discharges.
After several years of operating the industrial waste and pretreatment program under
the current ordinance, the industrial waste staff and the EPA have identified several
modifications that would improve 'the program's effectiveness, as well as bring the
local ordinance into compliance with present EPA regulations.
Copies of the revised ordinance and supporting information were submitted to EPA for
preliminary approval, which was received on March 4, 1991.
Regulated industries and wholesale wastewater customers have been included in the
ordinance revision process. An inndustrial wastewater advisory group, consisting of
representative industries throughput the City, was reestablished by the Fort Worth
Chamber of Commerce, and this group was effectively utilized in the 1983 ordinance.
A meeting was held, at which time, the ordinance revisions were presented and
discussed. The revised ordinance' was also explained and presented at a Wholesale
Wastewater System Advisory Committee Meeting, and sent to the Cities of Arlington and
Kennedale, who are not members of the committee. Comments were requested since the
wholesale wastewater customers mus1t adopt industrial waste ordinance revisions at least
as stringent as those adopted by Fort Worth. Comments from the above two groups have
been considered, and appropriate revisions have been included in the proposed
ordinance.
It is the opinion of the Water Department staff that proposed revisions to the
ordinance will have minimal impact on industries in Fort Worth and surrounding
wholesale wastewater customer communities
~~~«~~
City of Ftart `Yorth, Texas
Mayor and Cousu~l C,ommunzcat~lori
DATE
07/23/91 REFERENCE NUMBER
**G-9230 LO NAME
600RDREV RA E
2 of 2
SUBJECT INDUSTRIAL WASTE ORDINANCE REVISION.
After City Council approval of the proposed ordinance revisions., the ordinance must be
sent to EPA which requires a 30-day public notice period before final approval can be
given.
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Submitted for City Manager's FUND Af.000N7 CENTER AMOUNT ~ G~JY_SCCQ~ ARY
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Mike Groomer 6140
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Richard Sawey 8207 from
For Additional Information '~ - --_.
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Richard Sawey 8207 .
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