HomeMy WebLinkAboutOrdinance 9978+. ~;~
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ORDINANCE NO.
AN ORDINANCE ESTABLISHING A NEW ARTICLE XI OF CHAPTER 16
OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), As
AMENDED, TO REGULATE LIQUID WASTE TRANSPORTATION AND
DISPOSAL; PROVIDING FOR DEFINITIONS; PROVIDING THAT THOSE
TRANSPORTING LIQUID WASTE OBTAIN A PERMIT, A FEE FOR SAID
PERMIT AND DISPLAY OF SAID PERMIT; PROVIDING FOR MAIN-
TENANCE AND INSPECTION REQUIREMENTS OF LIQUID WASTE
VEHICLES; PROVIDING RESPONSIBILITIES OF LIQUID WASTE
TRANSPORTERS; PROVIDING FOR PROHIBITION OF ACCUMULATING
LIQUID WASTE THAT EMITS NOXIOUS OR OFFENSIVE ODORS OR IS
UNSANITARY OR INJURIOUS TO PUBLIC HEALTH; PROHIBITING
DISPOSAL OF LIQUID WASTE IN A SANITARY SEWER; PROVIDING
FOR RECORD KEEPING BY LIQUID WASTE TRANSPORTERS; PROVIDING
ADDITIONAL REQUIREMENTS FOR LIQUID WASTE PRODUCERS; PRO-
VIDING FOR A PENALTY OF UP TO $1,000.00 PER VIOLATION;
PROVIDING A SAVINGS, CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That a new Article XI ofChapter 16 of the Code of the City of
Fort Worth (1986), as amended, shall be, and the same is hereby,
established which new chapter shall read and be as follows:
CHAPTER 16
ARTICLE XI - LIQUID WASTE
DIVISION I - IN GENERAL
SEC. 16-266. Definitions.
For the purpose of this chapter, the terms herein
~~~ shall be defined as follows:
(a) DIRECTOR means the director of the Department
of Public Health or the director's designated representa-
tive.
(b) HAZARDOUS LIQUID 6~TASTE means any liquid, semi-liquid
or solid waste (or combination of wastes), which because of its
quantity, concentration, physical, chemical or infectious
characteristics may:
(1) have any of the following characteristics;
toxic, corrosive, an irritant, a strong sensitizer, flam-
mable or combustible, explosive or otherwise capable of
causing substantial personal injury or illness; or
(2) pose a substantial hazard to human health
or the environment when improperly treated, stored, tran-
sported, or disposed of, or otherwise improperly managed,
and is identified or listed as a hazardous waste as
defined by the Texas Solid Waste Disposal Act or the
Administrator, U.S. Environmental Protection Agency (EPA)
pursuant to the Federal "Solid Waste Disposal Act", as
amended by the "Resource Conservation and Recovery Act of
1976" and as may be amended in the future.
(c) INDUSTRIAL WASTE MATERIAL means liquid waste
resulting from or incidental to industry, manufacturing,
mining, or agriculture.
(d) LIQUID WASTE means water-borne solids, liquids,
and gaseous substances derived from certain sources
including, but not limited to, grease trap, septic tank,
chemical toilet waste and sand trap waste, but shall not
include hazardous waste.
(e) LIQUID WASTE DISPOSER or DISPOSER means a
person who receives and processes, or disposes of liquid
waste of a producer. The terms processing and disposal
shall be as defined in the Texas Solid Waste Disposal Act.
(f) LIQUID WASTE TRANSPORTER or TRANSPORTER means a
person who operates a vehicle for the purpose of trans-
porting liquid waste.
(g) LIQUID WASTE PRODUCER or PRODUCER means a
person who causes, creates, generates, or otherwise pro-
duces liquid waste.
(h) PERSON means any individual, corporation, non-
profit corporation, organization, partnership, associa-
tion, or governmental entity.
(i) SPILL means any unplanned discharge of 10
gallons or more of liquid waste.
(j) VEHICLE means a mobile device in which or by
which liquid waste may be transported upon a public street
or highway.
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DIVISION II. LIQUID WASTE TRANSPORTATION
SEC. 16-267. Permit Required
(a) A person commits an offense if he operates or
causes to be operated a vehicle for the purpose of trans-
porting liquid waste without an applicable permit. A
separate permit is issued for each vehicle operated.
Vehicles which operate within the City of Fort Worth
solely for the purpose of transporting liquid waste
through the City and where no liquid waste is received,
unloaded, stored, or parked within the City are not
required to have a permit issued by the City.
(b) A person who desires to obtain a permit must
make application on a form provided by the director. The
application for such permit shall set forth, among other
things, the following: the name of the applicant, the
name and address of the owner or principal officer of the
corporation, partnership, trust or other group ownership
of the business, the location of the business, the site(s)
for disposal, and such other information as may be
required by the director.
(c) The director shall not issue a permit unless the
applicant submits to the director for inspection each
vehicle he proposes to use to transport liquid waste.
(d) A permit is not transferable.
SEC. 16-268. Fee and Display of Permit.
(a) The director shall not issue a permit to an
applicant until the appropriate fee is paid. A person
shall pay a fee of $l40 for the first vehicle and $170 for
each additional vehicle operated by the applicant. Each
permit must be renewed annually.
(b) The director shall number permits consecutively,
and each permit holder shall cause to be displayed on each
side of each vehicle in a color contrasting with the back-
ground in three inch letters or larger the company name
and the following:
FW
The blank space shall contain the permit number. The
permit holder shall place company name and the number on
each vehicle before the vehicle is operated. The permit
holder shall keep the permit receipt, or a copy, in the
vehicle at all times.
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SEC. 16-269. Liquid Waste Vehicle Maintenance and
Impoundment
(a) A liquid waste transporter shall:
(1) maintain hoses, tanks, and valves on a
vehicle in good repair and free from leaks;
(2) provide a safety plug or cap for each valve
of a tank;
(3) use a vehicle with a single tank capacity
of not less than 500 gallons to transport septic tank,
grease trap liquid waste, or sand trap liquid waste,
except when operating a vehicle for portable toilet clean-
ing;
(4) cause a vehicle exterior to be clean and
the vehicle odor-free at the beginning of each work day;
(5) permit the director to obtain samples of
the liquid waste from the vehicle upon request of the
director.
(b) The director may cause to be impounded a vehicle
which is being operated in violation of this Article, and
he may authorize the holding of the vehicle unti]_ the
violation is corrected. The director may also revoke the
permit for the improperly operated vehicle. If a vehicle
is impounded or if a permit is revoked, an appeal may be
filed by the transporter pursuant to Section 16-273.
SEC. 16-270. Responsibilities Of Liquid Waste Transporter
(a) Before accepting a load of liquid waste, a
transporter shall determine the nature of the liquid waste
and that his equipment is sufficient to properly handle
the transportation without spillage, leaks, or release of
toxic, odorous or harmful gasses. Upon delivery of the
waste to the disposer, the transporter shall inform the
disposer of the nature of the waste.
(b) A transporter servicing a grease trap or grit
trap shall remove the entire contents of the collection
device.
(c) A transporter with a City of Fort Worth liquid
waste transporter permit shall not transport materials
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that are hazardous liquid waste in vehicles permitted by
the City for transporting liquid waste.
(d) A transporter shall not co-mingle hazardous
liquid waste and non-hazardous liquid waste.
(e) A transporter holding a City of Fort Worth
permit shall use a disposal site permitted or approved by
the State of Texas;
(f) A manifest system book, consisting of a four-
part trip ticket, and which is to be purchased from the
Department of Health for an established fee, shall be used
as follows:
(1) the manifest system book shall be used
exclusively for a single vehicle;
(2) a transporter will complete one trip ticket
for each location serviced, with the exception of chemical
toilet companies servicing only their own units, who shall
be exempt from trip ticket requirements, but shall be
required to submit a monthly total of volumes disposed and
location of such disposal to the director;
(3) the first copy of manifest form, which is
yellow, shall be signed by transporter and producer at the
time of waste collection and left with the producer for
his files;
(4) the second copy of manifest form, which is
pink and has the transporter and producer's signatures,
shall be signed by the disposer at time of disposal and
maintained by the disposer;
(5) the third copy of manifest form, which is
green and has the signatures of transporter, producer, and
disposer, shall be maintained by transporter;
(6) all completed trip ticket books containing
the original manifest form with all signatures will be
sent monthly by the transporter to the City of Fort Worth,
Department of Health;
(7) a copy of all manifests shall be maintained
for a period of three years, and shall be available for
inspection by the director upon request.
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SEC. 16-271.. Rules and Regulations
The director may promulgate reasonable rules and
regulations as necessary to carry out the provisions of
this Article and protect the public from health and safety
hazards .
SEC. 16-272. Revocation of Permit
Upon any violation of this Article, or any rule or
regulation promulgated by the director, or applicable
provision of the City Code (1986), as amended, or State
law, the director may revoke for a period of not more than
one year all permits held by a liquid waste transporter.
SEC. 16-273. Appeal
(a). Upon denial or revocation of a permit, the
director shall send to the applicant or permit holder a
written notice of such denial or revocation and inform him
of the right to appeal. Such notice shall be made by
certified mail, return receipt requested.
(b) The applicant may appeal the denial or revoca-
tion of a permit if he requests an appeal in writing,
delivered to the City Manager not more than ten (10) days
after notice of the action of the director is received.
(1) The City Manager or his designated repre-
sentative shall act as the appeal hearing officer in an
appeal hearing under this section. The hearing officer
shall give the appealing party an opportunity to present
evidence and make argument in his behalf. The formal rules
of evidence do not apply to an appeal hearing under this
section, and the hearing officer shall make his ruling on
the basis of a preponderance of the evidence presented at
the hearing.
(2) The hearing officer may affirm, modify, or
reverse all or part of the action of the director. The
decision of the hearing officer is final.
DIVISION III. ACCUMULATION, PRODUCTION AND DISPOSAL
SEC. 16-273. Accumulation of Liquid Waste
A person commits an offense if he allows liquid waste
that emits noxious or offensive odors or is unsanitary or
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injurious to public health to accumulate upon property
under his control.
SEC. 16-274. Disposal of Liquid Waste
(a) A person commits an offense if he unloads, sells
or offers for sale or exchange liquid waste at any loca-
tion except at a place permitted or approved by the City
or state.
(b) A person commits an offense if he deposits or
discharges liquid waste onto a street or into a storm
sewer or sanitary sewer or into an area that drains into
the storm sewer system, unless specifically authorized in
writing by the director.
SEC. 16-275. Responsibilities of Liquid Waste Producer
(a) A producer of liquid waste shall have all liquid
waste material removed from his premises by a transporter
who holds a valid permit from the City and transported to
an approved site for disposal.
(b) A producer of liquid wastes shall determine if
the liquid waste is hazardous and shall not have hazardous
wastes or liquid waste in combination with hazardous
liquid waste removed from his premises by a transporter
operating under a City permit.
(c) A producer shall sign the manifest from the
transporter when a load is delivered to the transporter
and shall keep a copy of all trip tickets for a period of
three years. Upon request, the director may inspect these
records at any reasonable time.
(d) A producer shall:
(1) install or provide liquid waste collection
devices of such size and type as specified by the direc-
tor;
(2) maintain liquid waste collection devices in
continuous, proper operation;
(3) supervise proper cleaning of liquid waste
collection devices;
(4) arrange for the cleaning of the liquid
waste collection device at a frequency which shall main-
tain the effectiveness of such device;
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(5) empty and inspect the liquid waste collec-
tion device at least annually, and maintain records as to
such inspection, for the purpose of maintaining the effec-
tiveness of such device and to prevent seepage of wastes
from such device into adjacent soils;
(6) report spills and accidents involving
liquid waste collection devices to the director within 24
hours; and
(7) immediately clean up all spills and acci-
dents and dispose of the liquid waste by a transporter
using proper means.
SEC. 16-276. Responsibilities of Liquid Waste Disposer.
(a) A liquid waste disposer commits an offense if he
allows accumulation of liquid waste on his premises such
that rainfall could carry the material to storm sewers,
sanitary sewers, adjacent property or create a noxious
odor or health hazard.
(b) A liquid waste disposer shall:
(1) obtain and maintain compliance with all
requirements of City, state or federal law;
(2) accept liquid waste only from a permitted
transporter;
(3) maintain manifest copies for a period of
three years;
(4) accept only those classes of liquid waste
authorized under City, State and federal requirements;
(5) make available all records required to be
kept for inspection by the director at any reasonable
time.
(6) dispose of liquid waste in accordance with
City, state or federal regulations.
SEC. 16-277. Responsibility of Corporation or Associations.
In addition to prohibiting certain conduct by natural
persons, it is the intent of this chapter to hold a corpo-
ration or association legally responsible for prohibited
conduct performed by an agent acting in behalf of such
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corporation or association and within the scope of his
office or employment.
SECTION 2.
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of
any of the provisions of this ordinance shall be fined not more than
One Thousand Dollars ($1,000) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 3.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
Ordinance No. 8895 or any other ordinances 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.
SECTION 4.
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases or
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitu-
tional 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
this ordinance, since the same would have been enacted by the City
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Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption and
Sections 2, 6 and 7 in the minutes of the City Council and by filing
the ordinance in the ordinance records of the City.
SECTION 6.
The City Secretary of the City of Fort Wort'n, Texas, is hereby
directed to publish the caption and Sections 2, 6 and 7 of this
ordinance for two (2) days in the official newspaper of the City of
Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil
Statutes of Texas.
SECTION 7.
This ordinance shall take effect in ninety (90) days and be in
full force and effect from and after its passage and publication,
and it is so ordained.
APPROVED AS TO FORM D LEGALITY:
City Attorney
Date: ~ ~ r
ADOPTED: ( 6
.EFFECTIVE:
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IM1ACER
H EA LTIa
Recommendation
ENFORCEMENT PROGRAM
It is recommended that the City Council
1) Adopt the attached ,Liquid~W,aste rdinance as proposed, and
~,don~e~ Urct-~la-~~o ~t~v~~_
2) Adopt the attached supplemental appropriation ordinance increasing
estimated revenues in the General Fund by $46,000 and increasing
appropriations in the Public Health Department, Environmental Health
Division, by $46,000
Discussion
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The discharge into the sanitary sewer sys,tern of liquid waste collected from
grease traps, septic tanks and grit traps can cause stoppages and serious
maintenance problems in Fort Worth's wastewater collection and treatment
facilities The discharge of these materials onto property or waterways can
create odor and environmental problems and can expose the public to health
hazards.
In 1984, in response to the problem, documented in a series of television news
stories of liquid waste haulers illegally dumping the waste into sanitary
sewers and open fields, fourteen rnetroplex cities (including Fort Worth, Dallas,
and Arlington) developed a model ordinance to control improper or illegal
disposal of these wastes. Fort Worth was represented by the Water and Health
Departments in the development of the model ordinance. Public hearings were
held at the North Central Texas Council of Governments in conjunction with the
development of the model ordinance.
The proposed liquid waste ordinance establishes a permit fee for liquid waste
haulers and requires the use of a manifest system that allows the City of Fort
Worth to trace the transport of these wastes from source to disposal or
treatment site. Seven of the original fourteen cities have passed a form of
this proposed ordinance Current Fort Worth Water Department contracts for
treatment of customer cities' wastewater require the customer cities to adopt a
similar ordinance regulating liquid waste haulers. This ordinance establishes
uniform requirements across municipal boundaries for the transport and disposal
of liquid wastes
The Health Department, with the -assistance of the Water Department Industrial
Waste Section, will be responsible for enforcing this ordinance. The cost of
the enforcement program for fiscal year 1987-88 is approximately $46,000.
0
DATE REFERENCE SUBJECT ADOPTION OF PROPOSED LIQUID PAGE
~RTNEPJT.I! NUMBER WASTE ORDINANCE AND SUPPLEMENTAL , or 2
1~-6'8~__ G-7284 t1PPRf1PRTOTTf1N (1Rf1TN~N('G Tn GnNn
- ,~'?`r
DATE REFERENCE
NUMBER SUBJECT ADOPTION OF PROPOSED L I QU I D PAGE
WASTE ORDINANCE AND SUPPLEMENTAL 2 2
_ ENFORCEMENT PROGRAM
Funding
The Water Department has funded a limited liquid waste monitoring program in the
Health Department during the last few years. It is recommended that revenues
generated from permit fees and manifest book sales be placed in the Water and
Sewer Operating Fund 45, Sewer Department Administration Account No 70-10-00,
Index Code 093914, Miscellaneous Revenue A fund transfer of $46,000 will be
made from Water and Sewer Operating Fun`d~4,~5, Sewer Department Non-Departmental
Account No. 70-90-00, Index Code 390914, Health/Sewer Program to General Fund
O1, Index Code 072041
The supplement appropriation of $46,000 for the Public Health Department,.,
Environmental Health Di.vis,ion, will be appropriated as follows to the
Environmental Quality Services Section, Account No. 50-30-04, for the
i~nplernentation of the program
Regular Salaries 299255 $37,002
Longev i,ty 299271 600
Group Health 299537 ?_,586
Retirement 299552 4,255
Supplies 299354 226
Equipment 0&M 299446 1,331
Total 46,000
R G we
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BY Ramon Guajardo
DISPOSITION BY COUNCIL.
^ APPROVED
PROCESSED BY
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD B Taylor ITY SECRETARY
FOR ADDITIONAL INF RM TIO
CONTACT ,~ ~ `~empsey 8509 - L '
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DATE