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HomeMy WebLinkAboutOrdinance 8895S,i ' ~^ . '1 ORDINANCE N0. Q ~ (~ ` AN ORDINANCE AMENDING SECTION 29-113 OF THE FORT WORTH CITY CODE (1964), AS AMENDED, REQUIRING PERMITS TO DIS- CHARGE INDUSTRIAL WASTE INTO THE FORT VuORTH SANITARY SEWER SYSTEM; AUTHO~IrZING THE DIRECTOR OF THE FORT WORTH WATER DEPARTMENT TO PROMULGATE REGULATIONS PERTAINING TO SUCH PERMITTING, PROVIDING FOR DEFINITIONS, MAKING THIS ORDIN- ANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDiN- ANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CON- ' FLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; ENGROSSING AND ENROLLING THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION I. That Section 29-113, "Regulations governing industrial wastes," of Article XII, Chapter 29 of the Code of the City of Fort Worth, Texas ( 1964) , as amended, be and the same is hereby amended to read as follows: "Sec. 29-113 Regulations governing industrial wastes. 1. DEFINITIONS When used in this section, these terms shall be de- fined as follows: "Abnormal Sewage: Any industrial wastewater having sus- pended solids or B.O.D. content which is, in the judgment of the Director, significantly in excess of that found in normal sewage, but which is otherwise acceptable into a POTW under the terms of this Ordinance. "Act: The Clean Water Act. (33 U.S.C. 1251 et seq), as amended. "Authority: The City of Fort Worth, Texas. "B.O.D.: The quantity of oxygen utilized in the biochem- ical 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 (milligram per litre). "Categorical Pretreatment Standards: National Pretreat- ment Standards which are established from time to time by EPA which specify quantities or concentrations of po11u- tants or pollutant properties which may be discharged or introduced into a POTW by specific Industrial Dischargers. "City: City of Fort Worth, Texas. "Composite Sample: A sample of the wastewater discharged to the collection system by a user and composed of a series of not less than three samples taken during the pT; n ~ .+~ ~~ :g t t. ry r . ~,. :~ periods when industrial wastes are being discharged. The period of time over which the samples are collected for compositing into a single sample shall not exceed twenty-four hours. The series of samples may be collected on a time-proportional or flow-proportional basis. "Cooling Water: The water discharged from any system of condensation such as air conditioning, cooling, refrigera- tion 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 who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, sur- face water intercepting ditches, intercepting ditches, and all constructed devices and appliances appurtenant there- to. Includes owners and/or occupants of such premises. "Grab Sample: A single sample of effluent flow taken at any time. "Garbage: Solid waste from domestic or commercial prepar- ation, cooking or dispensing of food or from the handling, storage, and sale of produce. "Indirect Discharge: The discharge or the introduction of nondomestic pollutants from a source regulated under Sec- tion 307(b) or (c) of the Act, into a POTW. "Industrial Waste: Solid, liquid or gaseous waste result- ing from any industrial, manufacturing, trade, or business process or from the development, recovery or processing of natural resources. "Interference: The inhibition or disruption of a POTW's sewer system, treatment processes or operations which con- tributes to a violation of any requirement of its NPDES permit. "Maximum Daily Average: The maximum concentration of a substance allowed in a discharge as determined from a laboratory test of a daily composite sample. "Maximum Grab" The maximum concentration of a substance allowed in a discharge as determined from a laboratory test of a grab sample. "mg/1: Milligram per. litre. "Normal Sewage: Sewage which, when analyzed, shows by weight a daily average of not more than 240 mg/1 of sus- pended solids and not more than 210 mg/1 of B.O.D. and which is otherwise acceptable into a POTW under the terms of this Code. "NPDES: National Pollutant Discharge Elimination System- permit program of the Environmental Protection Agency. "O and Ni: Operation and Maintenance. -2- ~, "Other Wastes: lime, refuse, and all other wastes. ,r Decayed wood, sawdust, shavings, bark, ashes, garbage, offal, oil, tar, chemicals substances except sewage and industrial "Owner or Occupant: The person, firm, or public or pri- vate corporation, using the lot, parcel of land, building or premises connected to and discharging sewage, indus- trial wastewater or liquid, into the sanitary sewage sys- tem 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 of Fort Worth, 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 or significantly contribute to a violation of any requirement of the POTW's NPDES permit. "Person: Any individual, business entity, partnership, corporation, governmental agency or political subdivision. "Permit: Wastewater Discharge Permit, issued to non- domestic dischargers of industrial waste into the sanitary sewerage system of the POTW. "pH: The logarithm of the reciprocal of the weight of hy- drogen ions, in grams per litre of solution, measured and calculated in accordance with 'Standard Methods'. "POTW: Publicly Owned Treatment Works--Any sewage treat- ment plant and the sewers, watercourses and appurtenances thereto, owned and operated by the Authority. "Pretreatment .Standards: Categorical Pretreatment Stan- dards. "Sanitary Sewer: A publicly owned pipe or conduit de- signed to collect and transport industrial waste and do- mestic sewage to the POTW. "Sewage: 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. "Slugload: .Any substance released in a discharge at a rate and/or concentration which causes interference to a POTW. "Standard Methods: 'Standard Methods for the Examination of Water and Wastewater', a publication prepared and pub- lished 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. "Suspended Solids: Solids that either float on the sur- face of, or in suspension in, water, sewage or other liquid and which are removable by laboratory filtering. -3- µ1~ ~ f~ '°Unpolluted Water or Waste: Any water or liquid waste containing none of the following: Phenols or other sub- stances 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 suspended solids and B.O.D.; color not exceeding fifty (50) color units, nor a pH value of less than 5.0 nor higher than 11.0; and/or any water or waste approved for discharge into a stream or waterway by the appropriate state author- ity. "Upset: An exceptional incident in which a Discharger unintentionally and temporarily is in a state of noncom- pliance 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 pre- ventive maintenance, or careless or improper operation thereof. "Wastewater: Industrial waste, sewage or any other waste that has been used by and discharged from an industry, commercial enterprise, household or other water consumer, including that which may be combined with any ground water, surface water or storm water, that may be dis- charged to the POTW. Said water may be either polluted or unpolluted. "2. PURPOSE 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 POT.W Authority Wastewater Collection and Treatment Systems, and to enable the Authority to protect the public health in conformity with all applicable state and federal laws re- lating thereto. Parts of this Ordinance are enacted pursuant to regulations established by the U.S. Environmental Protection Agency (EPA) as set forth in 46 FR 9404-9460. Many of the terms herein- above defined correspond to the terminology employed in the EPA Regulations. All categorical pretreatment standards, lists of Toxic Pollu- tants, Industrial Categories and other standards and categories which have been or which will be promulgated by the EPA shall be -4- incorporated as a part of this ordinance, as will EPA Regulations regarding Sewage Pretreatment established pursuant to the Clean Water 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 in- spection and copying. The objectives of this Ordinance are: (a) To prevent the introduction of pollutants into the r Authority wastewater system which will interfere with the normal operation of the system or contaminate the resulting sludge; (b) To prevent the introduction of pollutants into the Authority wastewater system which do not 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 (c) To improve the opportunity to recycle or reclaim the wastewater and to dispose of, recycle or reclaim the sludge generated by the POTW. The regulation of discharges into the Authority wastewater sys- tem 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. PROHIBITED DISCHARGES (a) It shall be unlawful for any person to discharge or cause to be discharged any polluted water or corrosive waste into any -storm drain or watercourse within the City. (b) No person shall discharge or cause to be discharged any storm water, ground water, roof runoff, subsurface drainage or drainage from downspouts, yard drains, yard fountains and ponds, or -5- .. ,~ .. lawn sprays 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 accept- able means of disposal is available. If an alternate acceptable means of disposal is not available, such water may be discharged into the sanitary sewer by indirect connection whereby such dis- charge is cooled, if required, and flows into the sanitary sewer at a rate approved by the Director provided that the waste does not contain materials or substances in suspension or solution in violation of the limits prescribed by this Code. (c) No person shall contribute or cause to be discharged, directly or indirectly, into any public sanitary sewer any of the following described substances, materials, waters or waste: (1) Any liquid or vapor having a temperature higher than one hundred (150°) fifty degrees Fahrenheit (65 de- grees Centigrade). (2) Any water or waste which contains wax, grease, oil, plastic or other substance that will solidify or be- come 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) Flammable or explosive liquid, solid or gas, such as, but not limited to, gasoline, kerosene, benzene, naptha, etc., which by reason of its nature or quantity may be sufficient, either alone or by interaction to cause fire or explosion or may be injurious in any other way to the operation of the POTW. (4) Solid or viscous substances in quantities cap- able of causing obstruction in the flow in sewers or other interference with proper operation of the POTW, such as, -6- ,. _, ~; ~.., but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole .blood, paunch manure, hair and fleshlings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bulk solids. (5) Any garbage that has not been properly commin- uted or shredded to such a degree that all particles will be carried freely under the flow conditions normally pre- vailing 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 process- es, 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 efflu- ent or treatment residues, sludges, or scums, to be un- suitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the POTW cause the POTW to be in noncom- pliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste -7- J Disposal 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 vio- late its NPDES and/or other Disposal System Permits. (10) Any substance with objectionable color not re- moved in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. (11) Any slugload, which shall mean any pollutant, including oxygen demanding pollutants (B.O.D., etc.), re- leased in a single extraordinary discharge episode of such volume or strength as to cause interference to the POTW. (12) Any wastewater which causes a hazard to human life or creates a public nuisance. (d) No person shall contribute or cause to be discharged, di- rectly or indirectly, into any sanitary sewer any of the following in excess of the concentrations prescribed herein: (1) Free or emulsified oil and grease exceeding 100 mg/1 of either or both, or combinations thereof. The authority may allow wastewater discharges containing free or emulsified oil and grease up to 200 mg/1 providing the authority can determine that the oil and grease: a) derives from animal or vegetable. materials, b) biodegrades readily in the POTW, and c) does not cause an obstruction of flow in the sewer line. (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 11.0. (3) Salts of a heavy metal in solution or suspen- sion, and organics, in concentrations exceeding the fol- lowing:. -8- Maximum Daily Average (mg/1) Chromium as Cr 5:0 Copper as Cu 3.0 Zinc as Zn 5.0 Nickel as Ni 2.0 Cadmium 0.3 Arsenic 0.1 Barium 2.0 Boron 1.0 Lead 3.0 Manganese 5.0 Mercury 0.01 Selenium 0.05 Silver 0.5 Maximum Grab (mg/1) 15.0 9.0 15.0 6.0 0.9 0.3 6.0 3.0 9.0 15.0 0.03 0.15 1.5 or elements which will damage collection facilities or are detrimental to treatment processes. (4) Cyanide of cyanogen (as Cn) compounds in excess of 2.0 parts per million by weight. (5) Any water or waste that contains more than ten (10) parts per million of the following gases: Hydrogen sulfide, sulphur dioxide or nitrous oxide. (6) Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as exceed limits established by the Authority in compliance with applicable State or Federal regulations. (7) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in the National Categorical Pre- treatment Standards List of Toxic Pollutants, set forth in the Code of Federal Regulations, 40 CFR, Part 403, Appendix B, which List, and all amendments to such list as may be made from time to time, are made a part of this Ordinance. (8) Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference; but in no case, wastewater with -9- ~~ a temperature which exceeds 40°C (104°F) at the time of introduction into the POTW treatment plant. "4. SPECIAL RULES RELATING TO INDUSTRIAL DISCHARGERS (a) Compliance With Standards (1) State requirements and limitations on discharges to the POTW shall be met by all Dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limita- tions or those in this or any other applicable ordinance. (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. The Authority may impose mass limitations on Dis- chargers where the imposition of mass limitations is deemed appropriate. (b) Accidental Discharges Each Discharger shall provide protection from acci- dental discharge of prohibited or regulated materials or substances established by this Ordinance. Where neces- sary, 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. Each existing Discharger as designated by the Authority shall complete its plan and submit same to the Authority by January 1, 1984. No designated discharger who discharges to the POTW after the aforesaid date shall be permitted to -10- introduce pollutants into the system until Accidental Discharge Protection Procedures have been approved by the Authority. 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 there- of, type of waste, concentration and volume, and correc- tive actions. Any Discharger who discharges 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 on account thereof 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 and/or extension 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. -11- ~; "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 - Major and Significant Industries Industries that discharge a significant quantity of regulated pollutants. Group II - Classed Industries Industries, such as car washes, printers and photographic developers, which can be classed according to the character of their wastewater, and which may discharge regulated pollutants. Group III - Commercial Facilities and Small Industrial Users Those facilities which do not discharge a signi- f.icant amount of regulated pollutants on a regu- lar basis. Group IV - Wastewater Haulers The Authority shall promulgate regulations per- taining to the permitting of all transporters of industrial waste desiring to discharge such transported industrial wastes into the Authority's Sanitary Sewage System, or its tributaries, as necessary to adequately protect the POTW and its operations from injurious effects resulting from the acceptance into that system of the transported industrial wastes. Group III and Group IV users industries shall be exempt from the following portions of this ordinance: -12- ~~ Sections 5a(2) through 5e Sections 6(a) through 6(e) Sections 7(a) through 7(c); provided, however, that Group III and Group IV users are subject also to the following conditions: The industrial waste discharged or deposited into the sanitary sewers by a Group III or Group IV user 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 concen- tration. of the waste under operational conditions. The laboratory methods used in the examination of said waste shall be those set forth in Standard Methods, and 40 CFR Part 136. The determination of the character and concentration of industrial waste shall be made by the Authority at such times and on such .schedules as may be established by the Author- ity. Should an owner or occupant discharging industrial waste to the sanitary sewers desire a determination of the 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 occupant discharging the waste. (2) All Group I and Group II Dischargers shall sub- mit a Wastewater Discharge Permit Application to the Water Department, the form for which shall be provided by the Department. In the case of existing Dischargers who have not already complied with this section, such Application must be submitted within 180 days of the effective date this Ordinance. -13- (3) No Group I or II user shall be permitted to discharge unless and until it has submitted a completed Wastewater Discharge Permit Application in accordance with (2) above. (4) The Authority will evaluate the completed Applications and data furnished by the Discharger and may require additional information. The Authority will deter- mine to what Group each Applicant will be assigned. Within 30 days after evaluation of the Application, a Wastewater Discharge Permit shall be issued, subject to the terms and conditions specified herein; and to the regulations of the Water Department. (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 Pretreat- ment Standards specified in this Ordinance, it may specify that additional pretreatment operations will be required of Applicant. (6) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this Ordinance, pursuant to (5), above, the Discharger shall provide a declaration of the shortest schedule by which the Discharger will provide such additional pre- treatment and/or implementation of additional operational and maintenance activities. (i) The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of addi- tional pretreatment required for the Discharger to comply with the requirements of this Ordinance in- cluding, but not limited to dates relating to hiring -14- an engineer, completing preliminary plans, completing final plans, executing contract 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 f or 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 no less than 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 Discharg- er 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) Unless exempted by the Authority, all Group I and Group II Dischargers shall provide monitoring facili- ties prior to approval of a .permit application, to allow inspection, sampling and flow measurement at each dis- charge point. Each monitoring facility shall be located -15- on the Discharger's premises; except in the case 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 condi- tion at the expense of the Discharger. Failure to provide proper monitoring facilities shall be grounds for denial of a permit application. (b) Permit Conditions Wastewater Discharge Permits issued shall include as applica- ble, 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 mainten- ance of inspection and sampling facilities; (4) Location of approved discharge points; (5) Additional conditions as the Authority may reasonably require under particular circumstances, applying to the monitoring of a given discharge, including sampling locations, frequency of sampling, number, types, and standards for tests, laboratory analysis method, and 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; -16- (9) Limitation on Permit Transfer: Wastewater Discharge Permits are issued to a specific Discharger for specific operation and are not assignable to another Discharger of transferable to any other location without the prior written approval of the Authority. (c) Reporting Requirements for Discharger (1) Baseline Report: Within 180 days following the effective date for applicable Pretreatment Standards set forth in this Ordinance or 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 discharge, and the average and maximum daily flow in gallons. The report from existing Dischargers shall state whether the applicable Categorical Pretreatment Standards are being met on a consistent basis and, if not, what additional 0&M and/or pretreatment is necessary to bring the Discharger into compliance with the applicable Categorical Pretreatment Standards. This statement shall be signed by an authorized representative of the Discharger., and certified by a qualified engineer licensed in the State of Texas. (2) Periodic Compliance Reports: Any Discharger subject to a Categorical Pretreatment Standard made a part of this Ordinance, after the compliance date of such Pretreatment Standard, or, in the case of a New -17- Discharger, after commencement of the discharge, shall submit to the Authority, in a form to be pro- vided by the Authority, during the months of June and December of each year, a report indicating the nature and concentration of prohibited or regulated sub- stances in the effluent which are limited by the Pretreatment Standards hereof. In addition, 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 re- ported on the basis of actual measurement, provided however, where cost or feasiblity considerations justify, the Authority may accept reports of average and maximum flows estimated by verifiable techniques. The Authority, taking into consideration such factors as local high or low flow rates, holi- days, budget cycles, or other extenuating factors, may authorize the submission of said reports on months other than those specified above. (3) Compliance Date Report: Within 90 days following the date for final compliance by the Dis- charger with applicable Pretreatment Standards set forth in this Ordinance or 90 days following com- mencement of the introduction of wastewater into the POTW by a New Discharger, any Discharger subject to this Ordinance shall submit to the Authority a report indicating the nature and concentration of all pro- hibited or regulated substances contained in its dis- charge, and the average and maximum daily flow in gallons. The report shall state whether the applicable Pretreatment Standards or Requirements are -18- being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the Discharger into compliance with the applicable Pretreatment Standards or Requirements.. This statement shall be signed by an authorized representative of the Discharger, and certified to by a qualified engineer licensed in the State of Texas. Reports of Dischargers shall contain all results of sampling and analysis of the discharge, including the flow rate, the nature and concentration of the constituents, or the production and mass of the con- stituents, where required by the Authority. The fre- quency of monitoring by the Discharger shall be as prescribed in the applicable Categorical Pretreatment Standard made a part of this Ordinance, or more frequently as designated by the Authority. Sampling shall be done in accordance with Stan- dard Methods and 40 CFR, Part 136. (d) Inspection and Flow Measurement (1) The Authority may inspect the facilities of any Discharger to determine compliance with the re- quirements 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 record. The Authority shall have the right to set up on the Discharger's property such devices as are necessary to conduct sampling, inspec- tion, 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 -19- 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 owners or occupants to comply with this provision shall be grounds for the disconnection of water and/or sewer service to the facility, pursuant to the enforcement and/or termination of service provisions of this ordinance. 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 col- lected 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 Standard Methods or 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 the Author- ity. Should a Discharger desire a determination of the 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 occupant discharging the waste. -20- (2) Measurement of Flow: The volume of flow used in computing abnormal sewage surcharges 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 water as measured by the aforesaid meter, or meters, does not enter the sanitary sewer system of the Authority, then the Director may require or permit the installa- tion of additional meters at the owner's expense in such a manner as to measure the quantity of water actually entering the said sanitary sewage system from the lot, parcel of land, building or premises of such owner or occupant, and the quantity of water used to determine the sewer service charge may be the quantity of water actually entering the sewage system as so determined, if the Director so elects. Any Discharger who procures any part or all of his water supply from sources other than the Fort Worth Water Department, all or part of which is discharged into the sanitary sewer, shall install and maintain at his expense an effluent meter or flow measuring device of the type 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 finds that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, he shall determine the quantity or quality of the waste in any -21- manner or method he may find practicable in order to arrive at the percentage of water entering the sani- tary 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 Waste- water Discharge Permit issued hereunder in order to assure compli- ance by the Authority with applicable laws and regulations. Within nine (9) months after the promulgation of a Categorical Pretreatment Standard, or within (9) nine months after the approval by EPA of the Authority's Pretreatment Program where Categorical Pretreatment Standards are promulgated before EPA approval of the Authority's Pretreatment Program, the Wastewater Discharge Permit of each Dis- charger subject to .such standards shall be revised to require com- pliance with such standards within the time frame prescribed by such standards. (2) All Categorical Pretreatment Standards promulgated and adopted by the EPA after the promulgation of this Ordinance shall automatically become a part of this Ordinance. Where a Dis- charger, subject to a Categorical Pretreatment Standard, has not previously submitted an application for a Wastewater Discharge Permit as required by Section 5.a.(2) above, the Discharger shall apply for a Wastewater Discharge Permit from the Authority within 180 days after the promulgation of the applicable Categorical Pre- treatment Standard by the EPA. In addition, the Discharger with an existing Wastewater Discharge Permit shall submit to the Authority within 180 days after the 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 his permit at least thirty (30) days prior to the effective date of -22- change. Any changes or new conditions in the. permit shall include a reasonable time schedule for compliance. (f) Confidential Information (1 ) All information and data submitted by a Discharger to the POTW may be submitted to Environmental Protection Agency, pursuant to the Clean Water Act and the regulations promulgated by the EPA, governing the POTW. Such information shall be considered subject to public disclosure, provided, however, that the Discharger may request that information not be subject to public disclosure, in accordance with 40 CFR Part 2, as follows: (a) A Discharger may assert a business confi- dentiality claim covering part or all of the inform- ation, in a manner described below, and that inform- ation 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 Discharger 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 business, and may be submitted separately to facilitate identification and handling by the Authority. If the business desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state. -23- (3) Nothing in this section shall prevent the disclosure of information and data regarding the nature and content of a Dis- charger's effluent, and the frequency of discharge, or a standard or limitation to be met by Discharger, and this information shall be available to the public with no restrictions. (4) The provisions of this section shall be subject to any public disclosure requirements which may exist under Article 6252-17a, V. A. C. S. "6. ENFORCEMENT (a) Revocation of Permit The Authority may revoke the permit of any Discharger which fails to: (i) factually report the wastewater constituents and characteristics of its discharge; (ii) report significant changes in wastewater constituents or characteristics; (iii) allow reasonable access to the Discharger's premises by representatives of the Authority for the purpose of inspection or monitoring; or (iv) ful- fill 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 con- duct which justifies revocation of a Wastewater Discharge Permit, pursuant to Section 6(a) hereof, the Authority shall serve or cause to be served upon such Discharger a written notice, either by per- sonal 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 Dis- charger shall respond in person or in writing to the Authority, advising of its position with respect to the allegations. There- after, the parties shall meet to ascertain the veracity of the allegations and where necessary, establish a plan for the satis- factory correction thereof. -24- } (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 vio- lating 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 Dis- charger by personal service, certified or registered, return receipt requested, specifying the time and place of a hearing to be held by the Authority or its designee regarding the violation , the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the Discharger to show cause before the Authority or its designee why the 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 proceedings at the hearing shall be considered by the Authority which shall then enter appropriate orders with respect to the alleged improper activities of the Discharger. (d) Right of Appeal of Administrative Ruling Any Discharger or any interested party shall have the right to request in writing an interpretation or ruling by the Authority on any matter covered by this 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 Wastewater Discharge Permit issued pursuant hereto for which enforcement activity relating to ari alleged violation is the subject, receipt of a Discharger's request shall stay all enforcement proceedings pending receipt of the afore- said written reply. -25- (e) Judicial Proceedings Following the entry of any order by the Authority with respect to the conduct of a Discharger contrary to the provisions of Section 6(a) hereof, the Attorney for the Authority may, following the authorization of such action by the Authority, commence an action for appropriate legal and/or equitable relief in an appropriate court of competent jurisdiction. (f) Emergency Suspension of Service & Discharge Permits The Authority, may, for good cause shown, suspend wastewater treatment service to 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 the POTW, violate any pretreatment limits imposed by this Ordinance or any Wastewater Discharge Permit issued pursuant to this Ordinance. Any Discharger notified of the suspension of the Authority's wastewater treatment service and/or the Discharger's Wastewater Discharge Permit, shall within a reasonable period of time, as determined by the Authority, cease all 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/or sanitary sewer system. In the case of emergency disconnection of service, the Director shall make reasonable attempt to notify the occupant or user of the premises where such illegal discharge is generated before disconnecting the service line, and 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. -26- The Authority may reinstate the Wastewater Discharge Permit and/or the wastewater or water service upon proof by the Discharger of the cessation of the non-complying discharge or elimination of conditions creating the threat of imminent or substantial danger as set forth above. The City water and../or wastewater service shall only be reconnected at the Dischargers expense. (g) Operating Upsets Any Discharger which experiences an upset in operations which places the Discharger in a temporary state of non-compliance with this Ordinance shall inform the Authority thereof within 24 hours of first awareness of the commencement of the upset. Where such infor- mation is given orally, the Authority may at its discretion require a written follow-up report thereof to be filed by the Discharger with the Authority within five working days. The report shall specify: 1) Description of the upset, the cause thereof 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, elim- inate and prevent recurrence of such an upset or other conditions of non-compliance. A documented and verified, bona fide operating upset shall be an af- firmative 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. -27- ' r, (h) Recovery of Costs Incurred by the Authority Any Discharger violating any of the .provisions of this Ordinance, or who discharges or causes a discharge producing a de- posit or obstruction, or causes damage to or impairs the Authority's wastewater disposal system, shall be liable to the Authority for any expense, loss, or damage caused by such violation or discharge. The Authority shall bill the Discharger for the costs incurred by the Authority for any cleaning, repair, or replacement work caused by the violation or discharge. (i) Falsifying Information Any person who knowingly makes any false statement, represent- ation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance, or who falsifies, tampers with, or knowingly renders in- accurate any monitoring device or method required under this Ordin- ance, shall, upon conviction be punished by the imposition of a fine of not more than $200 for each offense. 7. MISCELLANEOUS (a) Removal Credits Where applicable, the 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 Part 403.7. (b) Net/Gross Calculations The Authority may elect to adjust Categorical Pretreatment Standards to reflect the presence of pollutants in the Discharger's intake water, in accordance with 40 CFR Part 402.15. (c) Preservation of Records All Dischargers subject to this Ordinance shall retain and pre- serve for no less than three (3) years, any records, books, docu- ments, 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. -28- x 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 re- tained and preserved by the Discharger until all enforcement activ- ities have concluded and all periods of limitation with respect to any and all appeals have expired. (d) Costs o.f Administering Program The Authority may make such charges, known as monitoring and pretreatment charges,. as are reasonable for services rendered in administering the programs outlined in this ordinance. Such charges may include, but are not limited to, the following: (1) permitting industrial facilities (2) inspection (3) sample analysis (4) monitoring (5) enforcement (e) Right of Revision: The Authority reserves the right to amend this Ordinance to provide. for more or less stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in Section 2 of this Ordinance." SECTION II. That this Ordinance shall repeal every prior Ordinance and pro- vision of the Fort Worth City Code in conflict herewith but only in- sofar as any portion of such prior Ordinance or provision shall be in conflict, and as to all other Ordinances or provisions of the Fort Worth City Code not in direct conflict herewith, this Ordinance shall be and is hereby made cumulative. 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 29 or of any amendments thereto, of the Fort Worth City Code (1964), as -29- amended, which have accrued at the time of the effective date of this Ordinance; and as to such accrued violations, the Court shall have all of the powers that existed prior to the effective date of this Ordinance. 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 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 Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION V. That the violation of any provision of this Ordinance or of the Fort Worth City Code relating to sewer service shall be deemed an offense and punishable by a fine not exceeding Two Hundred Dollars ($200), 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. SECTION VI. That the City Secretary of the City of Fort Worth is hereby di- rected 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 Article 1176b-1 Revised Civil Statutes of Texas. -30- SECTION VII. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this Ordinance by copying the caption and penalty clause of same in the minutes of the City Council of Fort Worth and by filing the Ordinance in the Ordinance Records of said City. SECTION VIII. That this Ordinance shall take effect September 23, 1983, provided, however, that it shall be duly published, as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : $ ~ (~ ~~ 3 Adopted by the City Council ~- ~ ~p- 83 Effective -31- ~~i~ City of Fort Worth, `T'exas 1vlayor and Co~arecil Comrri..u.~a.icata.o~a. !.J~ __ DATE REFERENCE SUBJECT: PAGE NUMBER Pretreatment and Industrial 2 8/16/83 **C-7034 Waste Pro ram lot Background The Water Department has been developing a pretreatment and industrial waste program that complies with the Environmental Protection Agency (EPA) General Pretreatment Regulations for Existing and New Sources of Pollution. These regulations require publicly-owned wastewater treatment facilities with a capacity of more than 5 million gallons per day to develop and implement a pretreatment program, in order to prevent pollutants from entering the waste- water system Chat will pass through the treatment works into receiving waters, and to improve opportunities to recycle and reclaim wastewater and sludge A summary of the proposed pretreatment and industrial waste program was given to the Mayor and members of the City Council in Informal Report No. 6834 on May 12, 1983. It is anticipated that the requirements of this pretreatment program can be incorporated into the existing industrial waste program. Recommended Program An industrial waste survey identified approximately 150 major and significant industries and over 200 classed commercial facilities served by the wastewater system, that discharge potentially harmful pollutants. The existing ordinance discharge standards for industry were reviewed, and appropriate changes. are included in the proposed ordinance that will allow for adequate protection of the treatment system. Recommendations from industry have been incorporated into the proposed standards. Fort Worth is required to have adequate legal authority to administer the program. This authority is contained in the proposed Industrial Waste Ordi- nance. A permit program is proposed to regulate industrial discharges and establish monitoring and reporting procedures All industries covered by the permit process will be notified of the program requirements immediately after ordinance approval. A 6-month time period is allowed during which issuance of permits will take place Enforcement procedures are also included in the proposed ordinance. An ex- panded enforcement procedure has been developed by the Water Department to assure uniform enforcement measures are taken for ordinance violations. Industries that cannot comply with discharge standards will be issued compli- ance schedules to be included in their permits. The proposed ordinance allows for suspension of utility service when a discharge presents an immediate or substantial danger to the health or welfare of persons or the environment, or interferes with the operation of the wastewater treatment facility. The ordi- nance also includes an administrative hearing process, which will aid in enforcement. The customer cities that discharge to the wastewater system are required to be included in the program. Several meetings have been held with representatives from customer cities in order to inform them of program requirements It is proposed to send to each customer city, after City Council approval, a ~. ~. DATE REFERENCE SUBJECT PAGE 8/16/83 NUMBER **C-7034 Pretreatment and Industrial ? oft Waste Pro ram proposed contract amendment and a copy of the industrial waste ordinance. The contract amendments are necessary to assure that pretreatment program requirements are implemented by the customers. A short version of the contract amendment is included for customers without major or significant industry in their service area, since these customers will not be required to implement all pretreatment program requirements. In order to assist in the develop>inent and implementation of the pretreatment and industrial waste program, local industry representatives have formed an Industrial Wastewater Advisory Committee. City staff members have attended ~. several committee meetings, and will continue to work with the committee to insure that appropriate recommendations from industry are incorporated into the program. Copies of the proposed pretreatment and industrial waste program were sent to EPA and the Texas Department of Water Resources in January, 1983, for their review and comment. Comments were received from EPA on June 29, 1983, requesting additional information on implementation of the pretreatment programs in customer cities and a schedule for program completion. The schedule which has been sent to EPA indicates a final program submittal will be made on September 30, 1983, which will include approved ordinances from Fort Worth and all of the wastewater customers, approved contract amendments incorporating pretreatment requirements with all wastewater customers and all other program modifications since the initial submittal. Program Financing It is proposed to finance the additional costs for the subject program by charging the regulated industries in accordance with the amount of work required to monitor each industrial group. Charges for these services will be developed for inclusion in the rate ordinance now in preparation The existing industrial charge system will be used with appropriate modifications, to recover the additional costs. Recommendations It is recommended that 1. The revised Industrial Waste Ordinance be approved, 2. The City Council authorize the City Manager tp apprpve c a amend- ments to require pretreatment programs for each wastew~~~~~~~a~~r city;. COUNC[L CI? Y DI. faa At16 if 1983 ~d~, ~~~~cc~~ SUBMITTED FOR 7HE CITY MANAGER'S DISPOSITION BY C~l.l~lCi'~ECS~iQt+j) of the PROCESSED BY OFFICE BY _ ^ APPROV 4~ OR{GINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD: CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT ® INANCE N ~~'~`~~ ~ DATE