HomeMy WebLinkAboutOrdinance 20043-01-2012Ordinance No. 20043-01-2012
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH (1986), AS AMENDED, CHAPTER 12.5
"ENVIRONMENTAL PROTECTION AND COMPLIANCE"; BY
AMENDING ARTICLE 1, "ADMINISTRATION AND
ENFORCEMENT": SECTION 12.5-103 "DEFINITIONS"; AND
AMENDING ARTICLE VI "INDUSTRIAL WASTEWATER":
SECTION 12.5-600 "DEFINITIONS"; SECTION 12.5-604
"INCORPORATION OF EPA OR TCEQ STANDARDS"; SECTION
12.5-610 "DISCHARGES TO THE CITY OF FORT WORTH
VILLAGE CREEK WASTEWATER TREATMENT FACILITY";
SECTION 12.5-610.1 "DISCHARGES TO THE TRINITY RIVER
AUTHORITY CENTRAL REGIONAL WASTEWATER
TREATMENT FACILITY"; SECTION 12.5-610.2 "DISCHARGES
TO THE TRINITY RIVER AUTHORITY-DENTON CREEK
WASTEWATER TREATMENT FACILITY"; SECTION 12.5-613
"UPSET"; SECTION 12.5-622 "ACCIDENTIAL DISCHARGE/SLUG
CONTROL"; AMENDING DIVISION 4 "WASTEWATER
DISCHARGE PERMIT APPLICATION", SECTIONS 12.5-630
THROUGH 12.5-633; AMENDING DIVISION 5 "WASTEWATER
DISCHARGE PERMIT ISSUANCE PROCESS", SECTIONS 12.5-641,
12.5-643 AND 12.5-645; AMENDING DIVISION 6 "REPORTING
REQUIREMENTS", SECTION 12.5-651(b) SUBSECTIONS (5) AND
(7), AND SECTIONS 12.5-654, 12.5-654.1, 12.5-655, 12.5-658, 12.5-660,
12.5-661 AND 12.5-663(a); AMENDING DIVISION 7 "COMPLIANCE
MONITORING AND ENFORCEMENT", SECTIONS 12.5-670, 12.5-
671, 12.5-671.1, 12.5-677, 12.5-677.1 AND 12.5-677.2; PROVIDING
THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO
$2,000.00 FOR EACH OFFENSE IN VIOLATION OF THE
ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE
CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Pretreatment Division of the Fort Worth Water Department operates a
program designed to prevent the introduction of pollutants into the City's wastewater
system that will interfere with its operation;
WHEREAS, the purposes of the pretreatment program include protecting the health and
safety of City personnel and the general public, protecting the Publicly Owned Treatment
Works, promoting the reuse and recycling of industrial wastewater and sludge, and
enabling the City to comply with federal and state regulations;
WHEREAS, pursuant to Section 12.5-610, 610.1 and 610.2 of the City Code, local
pollutant limits on industrial discharge are established and permits for certain significant
discharges are required to protect the health and safety of the City's wastewater and system;
WHEREAS, the United States Environmental Protection Agency adopted the
Pretreatment Streamlining Rules to reduce the burden of complying with regulations
without compromising environmental protection;
WHEREAS, to remain compliant with the City's Texas Pollutant Elimination System
permit, as administered by the TCEQ, the City must incorporate these streamlined rules into
its City Code of Ordinances; and
WHEREAS, the Texas Commission on Environmental Quality required much of the
specific wording in this ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, AS FOLLOWS:
Section 1.
Chapter 12.5 "Environmental Protection and Compliance", Article I "Administration and
Enforcement", Division 1 "General Provisions", Section 12.5-103 "Definitions" shall be
amended to delete the terms Upset and User from this Article, and to add and revise the
following terms as follows:
Act of God shall mean war, strike, riot, or other catastrophe completely outside the
User's control.
Authorized Representative of the User shall have the following meaning:
(1) If the user is a corporation:
a. The president, secretary, treasurer, or a vice-president 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; or
b. The manager of one or more manufacturing, production, or operating facilities,
provided the manager is authorized to make management decisions that govern the
operation of the regulated facility including having the explicit or implicit duty of
making major capital investment recommendations, and initiate and direct other
comprehensive measures to assure long-term environmental compliance with
environmental laws and regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for
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individual wastewater discharge permit or any control mechanism requirements; and
where authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
(3) If the user is a federal, state, or local governmental facility: a director or highest
official appointed or designated to oversee the operation and performance of the
activities of the government facility, or their designee.
(4) The individuals described in subsections (1) through (3), above, may designate
another authorized representative if: the authorization is in writing, specifies the
individual or position responsible for the overall operation of the facility from which
the discharge originates or having overall responsibility for environmental matters for
the company, and such authorization is submitted to the city.
Best management practices (BMP) shall mean the schedules of activities, prohibitions of
practices, maintenance procedures, and/or other management practices to implement the
prohibitions listed in Section 12.5-610, 12.5-610.1 and 12.5-610.2 of Article VI this Code
and to prevent or reduce the pollution of the MS4 and waters of the United States. BMPs
shall include treatment requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials.
Combined Wastestream Formula (CWF) means a procedure found in 40 CFR 403.6(e)
for calculating fixed alternative discharge limits at industrial facilities applicable when
regulated process wastewater, subject to a categorical pretreatment standard, is mixed
with non -regulated wastewaters prior to sampling.
Composite Sample means a sample that is collected over time and formed either by
continuous sampling or by mixing of discrete sampling aliquots. Composites formed by
mixing discrete sampling aliquots may be collected on a flow or time proportional basis
as follows:
(1) Flow proportional composite:
a. Composed of sampling aliquots collected at consistent time intervals and proportioned
in volume according to stream flow; or
b. Composed of sampling aliquots of consistent volume that are collected at time
intervals proportioned according to stream flow.
c. Flow proportional composite will be used only in locations that has the capability to
measure flow during the sampling period.
(2) Time proportional composite:
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Composed of discrete sampling aliquots of representative volume collected at
consistent time intervals regardless of stream flow.
Contaminated means a harmful quantity of any substance, or as otherwise defined by law.
Control Authority means the City of Fort Worth.
Daily Composite Sample means the concentration of discharge of a pollutant measured
during a calendar day or any twenty-four (24) hour period that reasonably represents the
calendar day for purposes of sampling.
Discharge means to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise
release or dispose of, or to allow, permit, or introduce any thing into the POTW from any
nondomestic source.
Governing Entity means a lawful governmental entity that has the having jurisdiction
over disposal of sewage, industrial wastes, or other wastes and/or jurisdiction over
indirect discharges to and discharges from such a treatment works.
Grab sample means an individual sample which is collected without regard to the flow in
the wastestream over a period of time not to exceed fifteen (15) minutes.
Maximum daily average means the maximum concentration of a substance allowed in a
discharge as determined from a laboratory test of a Daily Composite Sample.
Monthly Average Limit means the highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that month.
Non -significant Categorical Industrial User means an industrial user that discharges to
into the Village Creek Wastewater Treatment Facility and who is subject to categorical
Pretreatment Standards and meets the criteria, as determined solely by the Director:
(a) has consistently complied with all applicable categorical Pretreatment
standards and requirements;
(b) annually submits the certification statement required in Section 12.5-633(B)
together with any additional information necessary to support the certification
statement; and
(c) never discharges any categorical process wastewater into the sanitary
sewer(excluding sanitary, non -contact cooling and boiler blowdown wastewater,
unless specifically included in the Pretreatment Standard).
North American Industry Classification System (NAICS) is a system (updated every five
years) used by the federal government for collecting and organizing industry -related
statistics.
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POTW (publicly owned treatment works) means a treatment works, as defined by Section
212 of the Federal Water Pollution Control Act, as amended by the Clean Water Act, as
amended, (33 U.S.C. § 1292) as amended, owned by the City or Governing Entity,
including any devices or systems used in the collection, storage, treatment, recycling, and
reclamation of sewage or industrial wastes of a liquid nature and any sewers, pipes, and
other conveyances which convey wastewater to a treatment plant.
Pretreatment standards or standards means any regulation containing pollutant discharge
limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Federal
Water Pollution Control Act, as amended by the Clean Water Act, as amended (33 U.S.C.
§§1251 et seq.), which applies to industrial users of the POTW. It includes prohibitive
discharge limits established pursuant to 40 CFR Part 403.5, Section 12.610(c) of the City
Code and categorical Pretreatment standards and local limits.
Process wastewater means water that comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished product, byproduct,
waste product, or wastewater.
Significant Industrial User (SIU):
(1) Except as provided in Section (2) of this definition, Significant Industrial Users
means:
(a) All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR
§ 403.6 and 40 CFR Chapter I, Subchapter N; and
(b) Any other Industrial User that discharges an average of twenty-five thousand (25,000)
gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blow -down wastewater); contributes a process wastestream
which makes up five percent (5%) or more of the average dry weather hydraulic or
organic capacity of the POTW treatment plant; or is designated as such by the director on
the basis that the industrial user has a reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement (in
accordance with 40 CFR § 403.8(0(6)).
(2) Upon a finding by the Director that an Industrial User who meets the definition of
Non -significant Categorical Industrial User but has no reasonable potential for adversely
affecting the POTW's operation by violating any pretreatment standard or requirement,
the director may at any time, on his own initiative or in response to a petition received
from an industrial user, and in accordance with 40 CFR § 403.8 (0(6), determine that
such industrial user is not a Significant Industrial User.
Slug Load or Slug Discharge means:
(1) any discharge at a flow rate or concentration, which could cause a violation of the
discharge standards prescribed by law.;
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(2) any discharge of a non -routine, episodic nature, including but not limited to an
accidental spill or a non -customary batch Discharge, which has a reasonable potential to
cause Interference or Pass Through; or
(3) any discharge which or in any other way violates the POTW's regulations, local limits
or permit conditions.
Standard Industrial Classification Code (SIC) means a 4 digit number used by the Bureau
of Census as part of a system to categorize and track the types of business activities
conducted in the United States. The first two digits of the code represent the major
industry group and the second two digits represent the specific subset of that group.
Section 2.
Chapter 12.5 "Environmental Protection and Compliance", Article VI "Industrial Wastewater",
Division 1 "General Provisions", Section 12.5-600 "Definitions" shall be amended to add the
terms Upset and User to this Article, to change the term Discharge to be Indirect Discharge and
revise the term Total toxic organics as follows:
Indirect Discharge means the introduction of pollutants into the POTW from any
nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
Total Toxic Organics (TTOs) means the specific list for each categorical industry of the
sum of the masses or concentration of the toxic organic compounds listed in 40 CFR 122
Appendix D, Table II, excluding pesticides, found in industrial users' discharge at a
concentration greater than 0.01 mg/1. Only those parameters reasonably suspected to be
present, if any, shall be analyzed for non -categorical industries. TTOs are specific to each
particular federal category.
Upset means an exceptional incident in which there is unintentional and temporary
noncompliance with technology -based permit effluent limitations because of factors
beyond the reasonable control of the user. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation. An affirmative defense to Upset applies only in causes of action brought in
federal court pursuant to Section 12.5-677.1 of this Code.
User means a person is a source of an indirect discharge.
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Section 3.
Chapter 12.5 "Environmental Protection and Compliance", Article VI "Industrial Wastewater",
Division 1, "General Provisions", Section 12.5-604 "Incorporation of EPA or TCEQ Standards"
shall be amended to be as follows:
Sec. 12.5-604. Incorporation of EPA or TCEQ standards.
All categorical pretreatment standards, sewage pretreatment rules, lists of toxic
pollutants, industrial categories, record -keeping requirements, and other applicable
regulations promulgated by the EPA or TCEQ, including all future amendments of same,
are hereby incorporated into this Article.
Section 4.
Chapter 12.5 "Environmental Protection and Compliance", Article VI "Industrial Wastewater",
Division 2, "Discharge Prohibitions and Limits", Section 12.5-610 "Discharges to the City of
Fort Worth Village Creek Wastewater Treatment Facility", subsections (c) through subsection
(e) shall be amended and shall now include subsection (f) as follows:
(c) Categorical pretreatment. The categorical pretreatment standards found at 40 CFR
Chapter I, Subchapter N, Parts 405-471 are hereby incorporated into this article. A user
shall not discharge in violation of categorical pretreatment standards.
(1) Where a categorical pretreatment standard is expressed only in terms of either the
mass or the concentration of a pollutant in wastewater, the director may impose
equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
(2) When wastewater subject to a categorical Pretreatment Standard is mixed with
wastewater not regulated by the same standard, the Director shall impose an alternate
limit in accordance with 40 CFR 403.6(e).
(3) A user may obtain a variance from a categorical pretreatment standard if the user can
demonstrate, pursuant to the procedural and substantive provisions in 40 CFR 403.13,
that factors relating to its discharge are fundamentally different from the factors
considered by the EPA when developing the categorical pretreatment standard.
(4) A user may obtain a net/ gross adjustment to a categorical standard in accordance
with 40 CFR 403.15.
(d) Local limits. The following local pollutant limits are established to protect against
pass through and interference. The limits apply at the point where the wastewater is
discharged to the POTW. The director may impose mass limitations in addition to, or in
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place of, the concentration -based limitations. All concentrations for metallic substances
are for total metal unless indicated otherwise. No person shall discharge wastewater
containing:
Pollutants in the form of compounds or elements with total concentrations exceeding the
following:
POLLUTANT MAXIMUM
!Arsenic
Cadmium
Chromium
Copper
Lead
Mercury
Nickel
Silver
Zinc
Cyanide or cyanogens compounds (expressed as total CN-
Allowable
Discharge Limitmg/L
0.25
0.15
5.0
4.0
2.9
0.01
2.0
1.0
5.0
1.0
(e) The Director may develop Best Management Practices by ordinance approved by the
City Council, or in individual wastewater discharge permits to help implement local
limits and other pretreatment standards and the requirements of Section 12.5 610.
(f) A person commits an offense if with criminal negligence the person processes or
stores pollutants, substances, or wastewater prohibited by this section in such a manner
that they could be discharged to the POTW.
Section 5.
Chapter 12.5 "Environmental Protection and Compliance", Article VI "Industrial Wastewater",
Division 2, "Discharge Prohibitions and Limits", Section 12.5-610.1 "Discharges to the Trinity
River Authority Central Regional Wastewater Treatment Facility" shall be amended to change
the term (in the table) Allowable Discharge Limit mg/L to Instantaneous Maximum Allowable
Discharge Limit mg/L, and to replace the current subsection (e) and add subsection (f) as
follows:
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(e) The Director may develop Best Management Practices by ordinance approved by the
City Council, or in individual wastewater discharge permits to help implement local
limits and other pretreatment standards and the requirements of Section 12.5-610.1.
(f) A person commits an offense if with criminal negligence the person processes or
stores pollutants, substances, or wastewater prohibited by this section in such a manner
that they could be discharged to the POTW.
Section 6.
Chapter 12.5 `Environmental Protection and Compliance", Article VI "Industrial Wastewater",
Division 2, "Discharge Prohibitions and Limits", Section 12.5-610.2 "Discharges to the Trinity
River Authority Denton Creek Wastewater Treatment Facility" shall be amended to change the
term (in the table) Allowable Discharge Limit mg/L to Instantaneous Maximum Allowable
Discharge Limit mg/L, and to replace the current subsection (e) and add subsection (f) as
follows:
(e) The Director may develop Best Management Practices by ordinance approved by the
City Council, or in individual wastewater discharge permits to help implement local
limits and other pretreatment standards and the requirements of Section 12.5-610.2.
(f) A person commits an offense if with criminal negligence the person processes or
stores pollutants, substances, or wastewater prohibited by this section in such a manner
that they could be discharged to the POTW.
Section 7.
Chapter 12.5 "Environmental Protection and Compliance", Article VI "Industrial Wastewater",
Division 2 "Discharge Prohibitions and Limits", Section 12.5-613 "Upset" shall be amended as
follows:
Section 12.5-613. Upset.
When an Upset occurs, a User shall control production of all discharges to the extent
necessary to maintain compliance with categorical pretreatment standards upon
reduction, loss, or failure of its treatment equipment until the equipment is restored or an
alternative method of treatment is provided. The User must also report the Upset in
accordance with 12.5-656. This requirement applies in the situation where, among other
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things, the primary source of power of the treatment equipment is reduced, lost, or fails.
A User may have an affirmative defense to Upset under Section 12.5-677.1 of this Article
only if the cause of action is brought in a federal court.
Section 8.
Chapter 12.5 "Environmental Protection and Compliance", Article VI "Industrial Wastewater",
Division 3, "Pretreatment of Wastewater", Section 12.5-622 "Accidental Discharge/Slug Control
Plans" shall be amended as follows:
Section 12.5-622. Accidental Discharge/Slug Control Plan
The Director shall evaluate whether each SIU needs an accidental discharge/slug
discharge control plan or other action to control Slug Discharges at the time of SIU
determination, or at least by the first year. All the activities associated with slug control
evaluation and results are to be kept in the Industrial User file. The Director may require
any User to develop, submit for approval, and implement such a plan or take such other
action that may be necessary to control Slug Discharges. Alternatively, the Director may
develop such a plan for any User. An accidental discharge/slug discharge control plan
shall, at a minimum, include the:
(a) Description of discharge practices, including non -routine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the director of any accidental or slug discharge,
as required by section 12.5-656 of this Article; and
(d) Procedures as needed to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection and maintenance of
storage areas, handling and transfer of materials, loading and unloading operations,
control of plant site runoff, worker training, building of containment structures or
equipment, measures for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
Section 9.
Chapter 12.5 "Environmental Protection and Compliance", Article VI "Industrial Wastewater",
Division 4, "Wastewater Discharge Permit Application", Sections 12.5-631 through 12.5-633
shall be amended as follows:
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Section 12.5-631. Wastewater discharge permit required.
(a) All nondomestic users which discharge into the POTW shall be grouped according to
the following definitions:
(1) Group I --Significant Industrial Users.
(2) Group II --Commercial facilities and Non -Significant Industrial Users (NSIU) Those
commercial facilities and industrial users which are not included in Group I. Examples
include, but are not limited to, automotive service shops, car washes, small food
processors, and photographic developing shops.
(3) Group III --Classed high strength users. Restaurants or other businesses which can be
classed according to any average strength or abnormal strength of their wastewater.
(4) Group IV --Wastewater haulers. Septage and chemical toilet waste haulers desiring to
discharge into the POTW. Waste must be generated within the city's service area.
(5) Group V--Ground water remediation dischargers. Dischargers who are retrieving
contaminated underground water, pretreating such water, and then discharging into the
POTW.
(6) Group VI-- Non -Significant Categorical Industrial User (NSCIU) facility that never
discharges categorical wastewater even though categorical process(es) are located on -site.
(b) No Group I, Group IV or Group V or Group VI user shall discharge wastewater into
the POTW without first obtaining a wastewater discharge permit from the Director.
(c) The Director may require any Group II or Group III User to obtain a wastewater
discharge permit. Within thirty (30) days after being notified by the Director that a
wastewater discharge permit is required, the User shall submit a completed application in
compliance with this article. After sixty (60) days from the date a Group II or Group III
User is notified by the Director that a permit is required, the User shall cease discharge to
the POTW without a wastewater discharge permit.
(d) Any violation of the terms and/or conditions of a wastewater discharge permit shall be
deemed a violation of this Article and subjects the wastewater discharge permittee to the
sanctions set out in this chapter. Obtaining a wastewater discharge permit does not relieve
a permittee of its obligation to comply with all federal and state pretreatment standards or
requirements or with any other requirements of federal, state, and local law.
Section 12.5-632. Permit application process.
(a) Any User required to obtain a wastewater discharge permit, who proposes to begin or
recommence discharging into the POTW, shall obtain such permit prior to beginning or
recommencing such discharge. For Significant Industrial Users (SIU), an application
shall be filed with the director at least ninety (90) days prior to the date upon which any
discharge will begin or recommence. Non -Significant Categorical Industrial Users
(NSCIU) and Non -Significant Industrial Users (NSIU) shall be required to submit
applications at dates specified by the Director. Incomplete or inaccurate applications will
not be processed and will be returned to the user for revision.
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(b) The Director may require all users to submit as part of an application the following
information:
(1) All information required by Section 12.5-651 of this Article;
(2) Description of activities, structures, equipment and plant processes on the premises,
including a list of all raw materials and chemicals used or stored at the facility which are,
or could accidentally or intentionally be, discharged to the POTW;
(3) Number and type of employees, hours of operation, and proposed or actual hours of
operation;
(4) Each product produced by type, amount, process or processes, and rate of production;
(5) Type and amount of raw materials processed (average and maximum per day);
(6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers,
floor drains, and appurtenances by size, location, and elevation, and all points of
discharge;
(7) Time and duration of discharges; and
(8) Any other information as may be deemed necessary by the director to evaluate the
wastewater discharge permit application.
Sec. 12.5-633. Signatories and certification.
(a) All wastewater discharge permit applications and User reports shall be signed by an
Authorized Representative of the User and contain the following certification statement:
"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 the possibility of fine and
imprisonment for knowing violations."
(b) A facility determined to be a Non -Significant Categorical Industrial User by the
Director pursuant to Section 12.5 103 & 631 (a) (6); must annually submit any report
required by the Director and the following statement signed in accordance with
requirements in 40 CFR 403.120(1).
"Based on my inquiry of the person or persons directly responsible for managing
compliance with the categorical Pretreatment Standards under 40 CFR , I
certify that, to the best of my knowledge and belief that during the period from
to , [months, days, year] :
(1) The facility described as [facility name] met the
definition and criteria of a Non -Significant Categorical Industrial User as
described in Section 12.5-103 and 12.5-631 (a)(6) of this Article;
(2) The facility complied with all applicable Pretreatment Standards and
requirements during this reporting period: and
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(3) the facility never discharged categorical process wastewater on any given day
during this reporting period."
Section 10.
Chapter 12.5 "Environmental Protection and Compliance", Article VI "Industrial Wastewater",
Division 5, "Wastewater Discharge Permit Issuance Process", Sections 12.5-641, 12.5-643 and
12.5-645 shall be amended as follows:
Section 12.5-641. Wastewater discharge permit contents.
A wastewater discharge permit shall include such conditions as are deemed reasonably
necessary by the Director to prevent pass through or interference, protect the quality of
the water body receiving the treatment plant's effluent, protect worker health and safety,
facilitate sludge management and disposal, and protect against damage to the POTW.
(a) A wastewater discharge permit shall contain:
(1) A statement that indicates the permit's duration;
(2) A statement that the permit is nontransferable without prior notification to the city in
accordance with section 12.5-644 of this Article, and provisions for furnishing the new
owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits and Best Management Practices based on applicable Pretreatment
Standards;
(4) Self monitoring, sampling, reporting, notification, and record -keeping requirements.
These requirements shall include an identification of pollutants (or Best Management
Practices) to be monitored, sampling location, sampling frequency, and sample type
based on federal, state, and local law;
(5) A statement of any civil and/or criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule. Such schedule may
not extend the time for compliance beyond that required by applicable federal, state, or
local law; and
(6) Requirements to control Slug Discharge, if determined by the Director to be
necessary.
(b) Wastewater discharge permits may also contain the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment works;
(3) Requirements for the development and implementation of spill control plans or other
special conditions including management practices necessary to adequately prevent
accidental, unanticipated, or nonroutine discharges;
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(4) Development and implementation of waste minimization plans to reduce the amount
of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection, flow, and sampling
facilities and equipment;
(7) A statement that compliance with the wastewater discharge permit does not relieve
the permittee of responsibility for compliance with all applicable federal and state
pretreatment standards, including those which become effective during the term of the
wastewater discharge permit; and
(8) Other conditions as deemed appropriate by the Director to ensure compliance with
this Article, and state and federal laws, rules, and regulations.
Section 12.5-643. Permit modification.
The Director may modify a wastewater discharge permit for good cause, including, but
not limited to, the following reasons:
(a) To incorporate any new or revised federal, state, or local pretreatment standards or
requirements;
(b) To address significant alterations or additions to the user's operation, processes, or
wastewater volume or character since the time of wastewater discharge permit issuance;
(c) A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
(d) Information indicating that the permitted discharge poses a threat to the city's POTW,
the city's personnel, or the receiving waters;
(e) To incorporate, revise, or revoke new or existing Best Management Practices;
(f) A violation of any terms or conditions of the wastewater discharge permit;
(g) Misrepresentations or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
(h) To correct typographical or other errors in the wastewater discharge permit; or
(i) To reflect a transfer of the facility ownership or operation to a new owner or operator.
Section 12.5-645. Grounds for permit denial or revocation.
(a) The Director may deny or, after notice and hearing, revoke a wastewater discharge
permit for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the director of significant changes to the wastewater prior to the
changed discharge;
(2) Failure to provide prior notification to the director of changed conditions pursuant to
section 12.5-655 of this article;
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
(4) Falsifying self -monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the director timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
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(8) Failure to meet Best Management Practices, based on applicable Pretreatment
Standards;
(9) Failure to pay fines;
(10) Failure to pay sewer charges;
(11) Failure to meet compliance schedules;
(12) Failure to complete a wastewater survey or the wastewater discharge permit
application;
(13) Failure to provide advance notice of the transfer of business ownership of a
permitted facility; or
(14) Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit, this article, or Article VII.
(15) A User who knowingly makes any false statements, representations, or certifications
in any application, record, report, plan, or other documentation filed, or required to be
maintained, pursuant to this ordinance, individual wastewater discharge permit.
(b) Petitions and hearings are subject to the requirements set forth in section 12.5-119 of
this Chapter.
Section 11.
Chapter 12.5 `Environmental Protection and Compliance", Article VI "Industrial Wastewater",
Division 6, "Reporting Requirements", Sections 12.5-651(b) subsections(5) and (7), and Section
12.5-654, 12.5-654.1, 12.5-655, 12.5-658, 12.5-660, 12.5-661 and 12.6-663(a) shall be amended
as follows:
Section 12.5-651(b). Baseline monitoring reports.
(5) Measurement of pollutants.
a. The categorical pretreatment standards applicable to each regulated process.
b. The results of sampling and analysis identifying the nature and concentration, and/or
mass, where required by the standard or by the director, of regulated pollutants in the
discharge from each regulated process. Instantaneous, daily maximum, and long-term
average concentrations, or mass, where required, shall be reported. The sample shall be
representative of daily operations and shall be analyzed in accordance with procedures set
out in section 12.5-660 of this article. In cases where the standard requires compliance
with a Best Management Practice or pollution prevention alternative, the user shall
submit documentation as required by the City or the applicable standards to determine
compliance with the standard.
c. Sampling shall be performed in accordance with procedures set out in section 12.5-661
of this Article.
d. The User shall take a minimum of one representative sample to compile the data
necessary to comply with the requirements of this paragraph. However. the City may
allow the submission of a baseline report which utilizes only historical data so long as the
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data provides information sufficient to determine the need for industrial pretreatment
measures. Historical data that can represent the current discharge only can be accepted as
a baseline report.
e. The baseline report shall indicate the time, date and place of sampling and methods of
analysis, and shall certify that such sampling and analysis is representative of normal
work cycles and expected pollutant discharges to the POTW.
and
(7) Compliance schedule. If additional pretreatment, Best Management Practices and/or
O&M will be required to meet the pretreatment standards, the shortest schedule by which
the user will provide such additional pretreatment and/or O&M must be provided. The
completion date in this schedule shall not be later than the compliance date established
for the applicable pretreatment standard. A compliance schedule pursuant to this section
shall meet the requirements set out in section 12.5-652 of this Article.
Section 12.5-654. Periodic compliance reports for facilities discharging to the City of
Fort Worth Village Creek Wastewater Treatment Facility.
(a) All Significant Industrial Users shall, at a frequency determined by the Director but in
no case less than twice per year (once in July covering the six-month period December 1
through May 31 and once in January covering the six-month period June 1 through
November 30), submit a report containing at a minimum:
(1) The nature and concentration of pollutants in the discharge which are limited by
pretreatment standards;
(2) The measured or estimated average and maximum daily flows for the reporting
period;
(3) In cases where the Pretreatment Standard requires compliance with a Best
Management Practice or pollution prevention alternative, the User must submit
documentation required by City or the Pretreatment Standard necessary to determine the
compliance status of the User; and
(4) Contributing information as is determined necessary to account for water usage,
materials recovery, or disposal practices.
(b) All Non -significant Categorical Industrial Users (NSCIU) shall submit a report
annually in the month specified by the Director. The report shall be completed according
to the City's current reporting requirements, including the submittal of any applicable
certification statements.
(c) If the Director has determined that a Non -significant Industrial User (NSIU) needs a
permit, then the NSIU shall submit a report annually in the month specified by the
Director. The report shall be completed according to the City's current reporting
requirements, including the submittal of any applicable certification statements.
(d) All periodic compliance reports shall be signed and certified in accordance with
section 12.5-633 of this Article.
(e) All wastewater samples shall be representative of the User's discharge. wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a User to keep its
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monitoring equipment in good working order shall not be grounds for the User to claim
that sample results are unrepresentative of its discharge.
(f) Non -detectable sample results may be used only as a demonstration that a pollutant is
not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum
detection level for that pollutant was used in the analysis.
(g) If a User subject to the reporting requirement in this Section monitors any pollutant
more frequently than required by the Director, using the procedures prescribed in sections
12.5-610, 12.5-661, 12.5-641 and 12.5-663 of this Article, the results of this monitoring
along with chain -of -custody forms shall be included in the report.
Section 12.5-654.1 Periodic compliance reports for facilities discharging to the
Trinity River Authority Wastewater Treatment Facility.
(a) All Significant Industrial Users shall, at a frequency determined by the Director but in
no case less than twice per year (once in July covering the six-month period December 1
through May 31 and once in January covering the six-month period June 1 through
November 30), submit a report containing at a minimum:
(1) The nature and concentration of pollutants in the discharge which are limited by
pretreatment standards;
(2) The measured or estimated average and maximum daily flows for the reporting
period; and
(3) In cases where the Pretreatment Standard requires compliance with a Best
Management Practice or pollution prevention alternative, the User must submit
documentation required by City or the Pretreatment Standard necessary to determine the
compliance status of the User;
(4) Contributing information as is determined necessary to account for water usage,
materials recovery, or disposal practices.
(b) All periodic compliance reports shall be signed and certified in accordance with
section 12.5-633 of this Article.
(c) All wastewater samples shall be representative of the User's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a user to keep its monitoring
equipment in good working order shall not be grounds for the user to claim that sample
results are unrepresentative of its discharge.
(d) If a User subject to the reporting requirement in this Section monitors any pollutant
more frequently than required by the director, using the procedures prescribed in sections
12.5-610.1, 12.5-610.2, 12.5-661, 12.5-641 and 12.5-663 of this Article, the results of
this monitoring along with chain -of -custody forms shall be included in the report.
Section 12.5-655. Reports of changed conditions.
Each User shall notify the Director of any planned significant changes to the User's
operations or system which might alter the nature, quality, or volume of its wastewater at
least ninety (90) days before the change.
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(a) The Director may require the User to submit such information as may be deemed
necessary to evaluate the changed condition, including the submission of a wastewater
discharge permit application under section 12.5-632 of this Article.
(b) The Director may issue a wastewater discharge permit or modify an existing
wastewater discharge permit in response to changed conditions or anticipated changed
conditions.
(c) For purposes of this requirement, significant changes include, but are not limited to,
flow increases or decreases of twenty percent (20%) or greater, the discharge of any
previously unreported pollutants, and the deletion of any pollutant regulated by this
Article or a permit issued pursuant to this Article.
(d) Significant Industrial users that discharge wastewater to treatment plants operated by
the Trinity River Authority (TRA) shall provide prior written notification to the City and
the TRA of changes to its wastewater discharges and any changes at its facility that affect
the potential for a Slug Discharge.
(e) Significant Industrial users that discharge wastewater to treatment plant operated by
the City shall provide prior written notification to the City of changes to its wastewater
discharges and any changes at its facility that affect the potential for a Slug Discharge.
Section 12.5-658. Notification of violation based on self -monitoring.
If a User's monitoring and wastewater analysis indicates that a violation has occurred, the
User shall:
(a) Inform the Director within twenty-four (24) hours of becoming aware of the violation;
(b) Within thirty (30) days submit to the Director a report which identifies:
(1) The time, date, location, processes, and operations associated with the violation, and
the personnel assigned responsibility and/or present during the violation;
(2) The cause or probable cause of the noncompliance; and
(3) The actions taken and implemented to meet permit conditions; and
(c) Repeat the sampling and pollutant analysis and submit to the Director a written report
of the results of this second analysis within thirty (30) days after becoming aware of the
violation. The User is not required to resample if the Director monitors at the User's
facility at least once a month, or if the Director samples between the User's initial
sampling and when the User receives the results of this sampling.
Section 12.5-660. Analytical requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a
wastewater discharge permit application or report shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise
specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not
contain sampling or analytical techniques for the pollutant in question, or where the EPA
determines that 40 CFR Part 136 sampling and analytical techniques are inappropriate for
the pollutant in question, sampling and analyses shall be performed by using validated
analytical methods or any other applicable sampling and analytical procedures, including
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procedures suggested by the City in accordance with procedures approved by EPA or
TCEQ.
Section 12.5-661. Sample collection.
(a) Except as indicated in subsection (b) and (c), the User shall collect wastewater
samples using twenty-four (24) hour flow proportional composite collection techniques.
In the event flow proportional sampling is not feasible, the director may authorize the use
of time proportional sampling or a minimum of four (4) grab samples where the user
demonstrates that this will provide a representative sample of the effluent being
discharged. Using protocols (including appropriate preservation) specified in 40 CFR
Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-
four (24) hour period may be composited prior to the analysis as follows: for cyanide,
total phenols, and sulfides the samples may be composited in the laboratory or in the
field; for volatile organics and oil and grease, the samples may be composited in the
laboratory. Composite samples for other parameters unaffected by the compositing
procedures as documented in approved EPA methodologies may be authorized by the
City, as appropriate. In addition, grab samples may be required to show compliance with
instantaneous discharge limits.
(b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile
organic compounds shall be obtained using grab collection techniques.
(c) For sampling required in support of baseline monitoring and ninety (90) day
compliance reports required in Sections 12.5-651 and 12.5-653 and 40 CFR 403.12(b)
and (d), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols,
oil and grease, sulfide and volatile organic compounds for facilities for which historical
sampling data do not exist; for facilities for which historical sampling data are available,
the City Superintendent may authorize a lower minimum. For the reports required by
paragraphs Section 12.5-654 and 12.5-654.1 and 40 CFR 403.12(e) and 403.12(h), the
Industrial User is required to collect the number of grab samples necessary to assess and
assure compliance by with applicable Pretreatment Standards and Requirements.
(d) TTOs shall be sampled for as stipulated in each specific federal category. The
Director may also sample any non -categorical user for TTOs and/or any other parameters
reasonably suspected to be present.
Section 12.5-663(a). Record keeping.
(a) Users subject to the reporting requirements of this article shall retain, and make
available for inspection and copying, all records of information obtained pursuant to any
monitoring activities required by this article and any additional records of information
obtained pursuant to monitoring activities undertaken by the user independent of such
requirements including documentation associated with Best Management Practices
established under Sec. 12.5-610(e), Sec. 12.5-610.1(e) and Sec. 12.5-610.2(e).
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Section 12.
Chapter 12.5 "Environmental Protection and Compliance", Article VI "Industrial Wastewater",
Division 7, "Compliance Monitoring and Enforcement", Sections 12.5-670, 12.5-671, 12.5-
671.1, 12.5-677, 12.5-677.1 and 12.5-677.2 shall be amended as follows:
Section 12.5-670. Inspection and sampling.
(a) At least once a year, the Director shall inspect and sample each Significant Industrial
User. However, the Director may inspect and sample each SIU as frequently as needed
during the pretreatment year. The Director shall evaluate and determine whether each
SIU needs a plan to control slug discharges. The Director shall make the determination
within a year from the evaluation.
(b) Users must allow the Director ready access to all parts of the premises for the
purposes of inspection, sampling, records examination and copying, and the performance
of any additional duties. Users shall also comply with all applicable provisions of federal
and state law allowing authorized representatives of the EPA and TCEQ access to all
parts of the premises and records for the purposes of inspection, sampling, records
examination and copying, and the performance of other authorized functions.
(c) User shall provide ample room in or near the monitoring facility to allow accurate
sampling and preparation of samples and analysis and whether constructed on public or
private property, the monitoring facilities should be provided in accordance with the
City's requirements and all applicable local construction standards and specifications,
and such facilities shall be constructed and maintained in such manner so as to enable the
City to perform independent monitoring activities.
(d) The Director shall have the right to set up on the User's property, or require
installation of, such devices as are necessary to conduct sampling and/or metering of the
User's operations.
(e) The Director may require the user to install monitoring equipment as necessary. The
facility's sampling and monitoring equipment shall be maintained at all times in a safe
and proper operating condition at the User's expense. All devices used to measure
wastewater flow and quality shall be calibrated as determined by the Director to ensure
their accuracy.
(f) Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the user at the written or verbal
request of the director and shall not be replaced. The costs of clearing such access shall
be born by the User.
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(g) Unreasonable delays in allowing the Director, or authorized representatives of the
EPA and TCEQ, access to the User's premises shall be a violation of a wastewater
discharge permit and of this article.
Section 12.5-671. Publication of Users in significant noncompliance for facilities
discharging to the City of Fort Worth Village Creek Wastewater Treatment
Facility.
(a) The Director shall publish annually, in_a newspaper of general circulation that
provides meaningful public notice within the jurisdictions served by the City a list of the
users which, during the previous twelve (12) months, were in significant noncompliance
(SNC) with applicable pretreatment standards and requirements. Significant Industrial
Users are subject to the SNC criteria listed in paragraphs (1) through (8) below. Group II
non -significant industrial users that have been issued a permit shall be subject to SNC
criteria listed in paragraphs (3) through (8) below. Group VI non -significant categorical
industrial users shall be subject to SNC criteria listed in paragraphs (3) through (8)
below. All other industrial users are subject to the SNC criteria listed in paragraphs (3),
(4) and (8) of this Section.
(b) Significant non-compliance shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six (66) percent or more of wastewater measurements taken for the same pollutant
parameter during a six-month period exceed a numeric pretreatment standard or
requirement, including instantaneous limits for the same pollutant parameter by any
amount;
(2) Technical review criteria (TRC) violations, defined here as those in which thirty-three
(33) percent or more of wastewater measurements taken for each pollutant parameter
during a six-month period equals or exceeds the product of the numeric pretreatment
standard or requirement including instantaneous limits multiplied by the applicable
criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except
pH);
(3) Any other discharge violation of a Pretreatment Standard or Requirement as defined
by 40 CFR 403.3(1) (Daily Maximum, long-term average, or a narrative standard) that
the director determines has caused, alone or in combination with other discharges,
interference or pass through, including endangering the health of POTW personnel or the
general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to the public or
to the environment, or has resulted in the director's exercise of his emergency authority to
halt or prevent such a discharge;
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(5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
(6) Failure to provide within forty-five (45) days after the due date, any required reports,
including baseline monitoring reports, reports on compliance with categorical
pretreatment standard deadlines, periodic reports (such as self -monitoring reports), and
reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s) which may include a violation of Best Management Practices,
which the director determines will adversely affect the operation or implementation of the
local pretreatment program.
Section 12.5-671.1. Publication of Users in significant noncompliance for facilities
discharging to the Trinity River Authority Wastewater Treatment Facility.
The Director shall have published annually, in the largest daily newspaper published in
the city, a list of the users which, during the previous twelve (12) months, were in
significant noncompliance with applicable pretreatment standards and requirements. The
term significant noncompliance shall mean:
(a) Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six (66) percent or more of wastewater measurements taken during a six-month
period exceed the daily maximum limit or average limit for the same pollutant parameter
by any amount;
(b) Technical review criteria (TRC) violations, defined here as those in which thirty-three
percent (33%) or more of wastewater measurements taken for each pollutant parameter
during a six-month period equals or exceeds the product of the daily maximum limit or
the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and
grease, and 1.2 for all other pollutants except pH);
(c) Any other discharge violation that the director believes has caused, alone or in
combination with other discharges, interference or pass through, including endangering
the health of POTW personnel or the general public;
(d) Any discharge of pollutants that has caused imminent endangerment to the public or
to the environment, or has resulted in the Director's exercise of his emergency authority
to halt or prevent such a discharge;
(e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
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(f) Failure to provide within thirty (30) days after the due date, any required reports,
including baseline monitoring reports, reports on compliance with categorical
pretreatment standard deadlines, periodic self -monitoring reports, and reports on
compliance with compliance schedules;
(g) Failure to accurately report noncompliance; or
(h) Any other violation(s) which may include a violation of Best Management Practices,
which the Director determines will adversely affect the operation or implementation of
the local pretreatment program.
Section. 12.5-677. Affirmative defenses to discharge violations for action in
municipal or state court.
(a) A person shall be entitled to an affirmative defense to violation of a pretreatment
standards or a permit under this Article if a cause of action is brought in municipal or
state court and that person can establish that an event that would otherwise be a violation
of a pretreatment ordinance or a permit issued under Article was caused solely by an Act
of God.
(b) To claim an Act of God, a User must control production of all discharges to the extent
possible until such time as the reduction, loss, or failure of it's treatment facility is
restored or an alternative method of treatment is provided.
Section. 12.5-677.1. Affirmative defenses to Upset only in federal court.
(a) A person shall be entitled to an affirmative defenses for a violation caused by an
Upset only if a cause of action is brought in federal court and the User demonstrates,
through properly signed, contemporaneous operating logs, or other relevant evidence
that:
(1) The User's facility was at the time of the Upset being operated in a prudent and
workman -like manner and in compliance with applicable operation and maintenance
procedures; and
(2) The User has submitted written notice with the information listed below to the
Director within twenty-four (24) hours of becoming aware of the Upset. If this notice is
provided orally, a written notice must be provided within five (5) days. The written notice
must state:
a. A description of the indirect discharge and cause of noncompliance;
b. The period of noncompliance, including exact dates and times or, if not corrected, the
anticipated time the noncompliance is expected to continue; and
c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the
noncompliance.
Section. 12.5-677.2. Other Affirmative defenses to specific prohibited discharge
standards only in federal court.
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A person shall be entitled to an affirmative defenses for a cause of action brought only in
federal court for noncompliance with the general prohibition of section 12.5-610(a), 12.5-
610.1(a) or 12.5-610.2(a) or a specific prohibition of section 12.5-610(b)(3), (5), (6), (7),
or (8), 12.5-610.1(b)(3), (4), (5), (6), or (7) or 12.5-610.2(b)(3), (4), (5), (6), or (7); or if
the User can show that the User did not know, or have reason to know, that its discharge,
alone or in conjunction with discharges from other sources, would cause pass through or
interference and that either:
(a) A local limit exists for each pollutant discharged and the user was in compliance with
each limit directly prior to, and during, the pass through or interference; or
(b) No local limit exists, but the discharge did not change substantially in nature or
constituents from the user's prior discharge when the city was regularly in compliance
with its NPDES permit, and in the case of interference, was in compliance with
applicable sludge use or disposal requirements.
Section 13.
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 where the provisions of this
ordinance are in direct conflict with the provision of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code are hereby repealed.
Section 14.
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
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 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.
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Section 15.
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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
Section 16.
All rights and remedies of the City of Fort Worth, Texas are expressly saved as to
any and all violations of the provisions of the ordinances amended and repealed in Section 1,
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 17.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption and Section 5 of this ordinance for two (2) days in the official newspaper of the
City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV, of the Charter of the
City of Fort Worth, Texas and by Section 52.013, Texas Local Government Code.
Section 18.
This ordinance will take effect �J :9�J/
APPROVED AS TO FORM AND LEGALITY:
Christa R. eynolds
Sr. Assistant City Attorney
Adopted: January 10, 2012
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/10/2012 •Ordinance No. 20043-01-2012
DATE: Tuesday, January 10, 2012
LOG NAME: 60INDUSTRIAL AMEND
SUBJECT:
Adopt Ordinance Amending City Code Chapter 12.5 Environmental Protection and Compliance Article 1,
Administration and Enforcement and Article VI, Industrial Wastewater Dealing with Commercial and
Industrial Users Discharging into the Village Creek Water Reclamation Facility, in Compliance with the
Environmental Protection Agency's Pretreatment Streamlining Rule, 40 CFR Part 403 Published on
October 14, 2005 and as Required by the Texas Commission on Environmental Quality (ALL COUNCIL
DISTRICTS)
REFERENCE NO.: G-17500
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the City Code, Chapter
12.5 Environmental Protection and Compliance Article 1, Administration and Enforcement and Article VI,
Industrial Wastewater dealing with commercial and industrial users discharging into the Village Creek
Water Reclamation Facility as required by the Environmental Protection Agency's Pretreatment
Streamlining Rule, 40 CFR Part 403 published on October 14, 2005 and by the Texas Commission on
Environmental Quality in order for the City to maintain compliance with the Water Pollution Control
Facility's Texas Pollutant Discharge Elimination System permit.
DISCUSSION:
On October 14, 2005, revisions were published to the Code of Federal Regulations, 40 CFR Part 403, and
the U.S. Environmental Protection Agency (EPA) adopted the Pretreatment Streamlining Rule. This rule
was designed to reduce the overall regulatory burden of pretreatment programs on both commercial and
industrial users of pretreatment programs and control authorities, such as the City, without adversely
affecting environmental protection. The streamlining rule is composed of both required and optional
regulatory changes. The rule provides the City with the ability to focus resources on industries whose
discharges have a greater potential to affect the wastewater treatment facility and allows for reduced
regulatory burden for industrial users that pose little or no threat.
Additionally, as part of the City's Texas Pollutant Discharge Elimination System (TPDES) permit, the City
is required to review the Pretreatment Streamlining Rules and make revisions to the City Code to
incorporate these changes. The Texas Commission on Environmental Quality (TCEQ) considers the
incorporation of the Pretreatment Streamlining Rules as a major modification to the Pretreatment
Program, which requires TCEQ's approval. On July 29, 2011, the City received notification from TCEQ
that the City's submission of its substantial modification to the City's Pretreatment Program to incorporate
the Pretreatment Streamlining Rule provisions by the attached ordinance was technically complete and
that the City must now adopt the ordinance to maintain compliance with its TPDES permit. In addition to
incorporating all required rule changes, some discretionary rule changes are included in this ordinance to
allow the program to be easily adapted to new industries and the program overall. City Staff has shared
details of the proposed revisions with our wholesale customers who currently participate in the program.
Logname: 60INDUSTRIAL AMEND Page 1 of 2
FISCAL INFORMATION / CERTIFICATION.:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manaaer's Office bv:
Oriainatina Department Head:,
Additional Information Contact:
Fernando Costa (6122)
S. Frank Crumb (8207)
Laly Joseph (8305)
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