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HomeMy WebLinkAboutOrdinance 12274 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986) , AS AMENDED, BY THE REPEAL OF THE FOLLOWING PROVISIONS OF SAID CODE: CHAPTER 14, "GARBAGE", IN ITS ENTIRETY; CHAPTER 16, "HEALTH AND SANITATION": SECTION 16-4, "CONNECTING PRIVATE WATER SUPPLY WITH CITY WATER SUPPLY; PERMIT REQUIRED, ETC. ," SECTION 16-5, "CROSS- CONNECTIONS - STANDARDS," SECTION 16-6, "SAME - INSPECTION," SECTION 16-7, "SAME - MAINTENANCE," SECTION 16-8, "SAME - PERMIT REQUIRED," SECTION 16-9, "SAME - ANNUAL PERMIT FEES," SECTION 16-10, "SAME - ABATEMENT OF HAZARDOUS CONNECTIONS," ARTICLE IX, "AMBIENT AIR" AND ARTICLE XI "LIQUID WASTE;" CHAPTER 18, "LAKE WORTH": ARTICLE II, "POLLUTION;" CHAPTER 20, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS": ARTICLE VII, DIVISION 4, "RECYCLERS;" CHAPTER 22, "MOTOR VEHICLES AND TRAFFIC": SECTION 22-120, "SPILLING LOADS;" CHAPTER 30, "STREETS AND SIDEWALKS": SECTION 30-7, "VEHICLES DROP- PING LOADS" AND ARTICLE V, "ENVIRONMENTAL USE AGREE- MENTS;" CHAPTER 35, "WATER AND SEWERS": SECTION 35-6, "DRINKING WATER ANALYSES; REPORTS," SECTION 35-7, "DRINKING WATER QUALITY," SECTION 35-15, "HAZARDOUS CROSS CONNECTIONS," ARTICLE IV, "REGULATIONS GOVERNING INDUS- TRIAL WASTEWATERS," AND ARTICLE VI, "CLEANING SEPTIC TANKS AND OTHER TYPES OF SEWAGE DISPOSAL SYSTEMS;" AND APPENDIX B, "DEPARTMENT OF CITY SERVICES": SECTION 11A- 32, "GRADING EROSION, OR IMPROPER DRAINAGE;" AND FURTHER AMENDING THE CODE OF THE CITY OF FORT WORTH (1986) , AS AMENDED, BY THE AMENDMENT OF THE FOLLOWING PROVISIONS: CHAPTER 16, "HEALTH AND SANITATION": SECTION 16-294, "DEPOSITING DEAD ANIMALS, RUBBISH, ETC. ,ON STREETS, ETC." AND RENAMING SAID SECTION, AND SECTION 16-295, "SAME-DUTY OF POLICE;" AND APPENDIX B, "DEPARTMENT OF CITY SERVICES": SECTION 11A-23, "DISCHARGE OF LIQUID WASTE ONTO STREETS, ETC. ," AND RENAMING SAID SECTION; AND FURTHER AMENDING THE CODE OF THE CITY OF FORT WORTH (1986) , AS AMENDED, BY THE ADOPTION OF A NEW CHAPTER 12 .5, "ENVIRONMENTAL PROTECTION AND COMPLIANCE," PROVIDING FOR GENERAL PROVISIONS, PROVIDING DEFINITIONS, PROVIDING FOR THE CREATION OF A DEPARTMENT OF ENVIRON- MENTAL MANAGEMENT, PROVIDING FOR A DIRECTOR OF SUCH DEPARTMENT AND STATING THE DIRECTOR'S AUTHORITY, PROVIDING FOR CRIMINAL, ADMINISTRATIVE, AND CIVIL ENFORCEMENT OPTIONS FOR THE DIRECTORS OF THE DEPARTMENTS OF ENVIRONMENTAL MANAGEMENT, WATER AND CITY SERVICES, PROVIDING GUIDELINES FOR THE CITY MANAGER TO ENTER INTO ENVIRONMENTAL USE AGREEMENTS, PROVIDING FOR THE REGULATION OF AIR QUALITY, PROVIDING FOR THE PROTECTION - 1 - ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986) , AS AMENDED, BY THE REPEAL OF THE FOLLOWING PROVISIONS OF SAID CODE: CHAPTER 14, "GARBAGE", IN ITS ENTIRETY; CHAPTER 16, "HEALTH AND SANITATION": SECTION 16-4, "CONNECTING PRIVATE WATER SUPPLY WITH CITY WATER SUPPLY; PERMIT REQIIIRED, ETC. ," SECTION 16-5, "CROSS- CONNECTIONS - STANDARDS," SECTION 16-6, "SAME - INSPECTION," SECTION 16-7, "SAME - MAINTENANCE," SECTION 16-8, "SAME - PERMIT REQIIIRED," SECTION 16-9, "SAME - ANNUAL PERMIT FEES," SECTION 16-10, "SAME - ABATEMENT OF HAZARDOUS CONNECTIONS," ARTICLE IX, "AMBIENT AIR" AND ARTICLE XI "LIQIIID WASTE;" CHAPTER 18, "LAKE WORTH": ARTICLE II, "POLLUTION;" CHAPTER 20, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS": ARTICLE VII, DIVISION 4, "RECYCLERS;" CHAPTER 22, "MOTOR VEHICLES AND TRAFFIC": SECTION 22-120, "SPILLING LOADS;" CHAPTER 30, "STREETS AND SIDEWALKS": SECTION 30-7, "VEHICLES DROP- PING LOADS" AND ARTICLE V, "ENVIRONMENTAL USE AGREE- MENTS;" CHAPTER 35, "WATER AND SEWERS": SECTION 35-6, "DRINKING WATER ANALYSES; REPORTS," SECTION 35-7, "DRINKING WATER QUALITY," SECTION 35-15, "HAZARDOUS CROSS CONNECTIONS," ARTICLE IV, "REGULATIONS GOVERNING INDUS- TRIAL WASTEWATERS," AND ARTICLE VI, "CLEANING SEPTIC TANKS AND OTHER TYPES OF SEWAGE DISPOSAL SYSTEMS;" AND APPENDIX B, "DEPARTMENT OF CITY SERVICES": SECTION 11A- 32, "GRADING EROSION, OR IMPROPER DRAINAGE;" AND FURTHER AMENDING THE CODE OF THE CITY OF FORT WORTH (1986) , AS AMENDED, BY THE AMENDMENT OF THE FOLLOWING PROVISIONS: CHAPTER 16, "HEALTH AND SANITATION": SECTION 16-294, "DEPOSITING DEAD ANIMALS, RUBBISH, ETC. ,ON STREETS, ETC." AND RENAMING SAID SECTION, AND SECTION 16-295, "SAME-DUTY OF POLICE;" AND APPENDIX B, "DEPARTMENT OF CITY SERVICES": SECTION 11A-23, "DISCHARGE OF LIQIIID WASTE ONTO STREETS, ETC. ," AND RENAMING SAID SECTION; AND FURTHER AMENDING THE CODE OF THE CITY OF FORT WORTH (1986) , AS AMENDED, BY THE ADOPTION OF A NEW CHAPTER 12.5, "ENVIRONMENTAL PROTECTION AND COMPLIANCE," PROVIDING FOR GENERAL PROVISIONS, PROVIDING DEFINITIONS, PROVIDING FOR THE CREATION OF A DEPARTMENT OF ENVIRON- MENTAL MANAGEMENT, PROVIDING FOR A DIRECTOR OF SUCH DEPARTMENT AND STATING THE DIRECTOR'S AUTHORITY, PROVIDING FOR CRIMINAL, ADMINISTRATIVE, AND CIVIL ENFORCEMENT OPTIONS FOR THE DIRECTORS OF THE DEPARTMENTS OF ENVIRONMENTAL MANAGEMENT, WATER AND CITY SERVICES, PROVIDING GUIDELINES FOR THE CITY MANAGER TO ENTER INTO ENVIRONMENTAL USE AGREEMENTS, PROVIDING FOR THE REGULATION OF AIR QUALITY, PROVIDING FOR THE PROTECTION - 1 - OF STORM WATER QUALITY AND THE REGULATION OF MOBILE COSMETIC CLEANERS, PROVIDING FOR THE PROTECTION OF GROUND WATER AND SURFACE WATER QUALITY, PROVIDING FOR THE PROTECTION OF PUBLIC DRINKING WATER AND THE LAKE WORTH WATERSHED AND REGULATING CROSS CONNECTIONS, PROVIDING FOR THE REGULATION OF INDUSTRIAL WASTEWATER, PROVIDING FOR THE REGULATION OF LIQUID WASTE TRANSPORTERS, PRODUCERS, AND DISPOSERS, AND PROVIDING FOR THE REGULATION OF THE COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE; 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 THAT THIS ORDINANCE MAY BE PUBLISHED IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the Code of the City of Fort Worth, Texas (1986) ,as amended, is amended through the repeal of the following provisions: Chapter 14, "Garbage, " in its entirety; Chapter 16, "Health and Sanitation, " Section 16-4, "Connecting private water supply with city water supply; permit required, etc. , " Section 16-5, "Cross- connections - Standards, " Section 16-6, "Same - Inspection, " Section 16-7, "Same - Maintenance, " Section 16-8, "Same - Permit required, " Section 16-9, "Same - Annual permit fee, " Section 16-10, "Same - Abatement of hazardous connections, " Article IX, "Ambient Air" in its entirety and Article XI, "Liquid Waste, " in its entirety; Chapter 18, "Lake Worth, " Article II, "Pollution, " in its entirety; Chapter 20, "Licenses and Miscellaneous Business Regulations, " Article VII, Division 4 , "Recyclers, " in its - 2 - entirety; Chapter 22 , "Motor Vehicles and Traffic, " Section 22-120, "Spilling loads;" Chapter 30, "Streets and Sidewalks, " Section 30- 7, "Vehicles dropping loads" and Article V, "Environmental Use Agreements" in its entirety; Chapter 35, "Water and Sewers, " Section 35-6, "Drinking water analyses; reports, " Section 35-7, "Drinking water quality, " Article IV, "Regulations governing industrial wastewaters" in its entirety, and Article VI "Cleaning septic tanks and other types of sewage disposal systems" in its entirety; and Appendix B, "Department of City Services, " Section 11A-32, "Grading, erosion, or improper drainage. " Further, the Code of the City of Fort Worth (1986) , as amended, is amended by the amendment of Chapter 16, "Health and Sanitation, " Section 16-294, "Depositing dead animals, rubbish, etc. , on streets, etc. , " and renaming said section, so that hereafter said section shall read as follows: "Section 16-294. Depositing filth on public and private property. (a) No person shall deposit or allow to accumulate on private property, or discharge from any place onto private or public property in the city any dead animal, human or animal waste, foul water, solid waste or any noxious liquid waste. (b) A person commits an offense if the person violates subsection (a) . (c) The application of this section does not include discharges to the City's municipal separate storm sewer system (MS4) , which are regulated by the City's Environment Code. " 3 - Further, the Code of the City of Fort Worth (1986) , as amended is hereby amended by the amendment of Chapter 16, "Health and Sanitation, " Section 16-295 "Same-Duty of Police, " so that hereafter said section shall read as follows: "In addition to the authority of the Health Department, the City's police department is authorized to enforce Section 16-294 . " Further, the Code of the City of Fort Worth, Texas (1986) , as amended, is amended by the amendment of Appendix B, "Department of City Services, " Section 11A-23 "Discharge of liquid waste onto streets, etc. , " and the renaming of said section, so that hereafter said section shall read as follows: "Section 11A-23 . Discharge of liquid waste. (a) No person shall deposit or allow to accumulate on private property, or discharge from any place onto private or public property in the city any human or animal liquid waste, foul water, or any noxious liquid waste. (b) A person commits an offense if the person violates subsection (a) . (c) The application of this section does not include discharges to the City's municipal separate storm sewer system (MS4) , which are regulated by the City's Environment Code. " Further, the Code of the City of Fort Worth, Texas (1986) , as amended, is amended by the adoption of a new Chapter 12.5, "Environmental Protection and Compliance, " to read as follows: - 4 - CHAPTER 12.5 ENVIRONMENTAL PROTECTION AND COMPLIANCE ARTICLE I - ADMINISTRATION AND ENFORCEMENT DIVISION 1. GENERAL PROVISIONS Section 12.5-100. Purpose. (a) The purpose of this chapter is the consolidation and update of the environmental regulations of the City of Fort Worth which come under the administrative authority of the Department of Environmental Management, the Department of Water, and the Department of City Services. (b) It is the objective of this chapter to make the city's environmental regulations more accessible and understandable by consolidating them and arranging them into a more logical order, by employing a format and. numbering system designed to facilitate citation of the regulations and to accommodate future expansion, and by providing a uniform system of enforcement. (c) The user of this chapter is cautioned, however, that not all of the City's environmental regulations are in this chapter. The user should continue to consult other provisions of the City Code, most notably: (1) the Zoning Code; (2) the Fire Code, including provisions on flammable and combustible liquids and hazardous materials, (3) the "Lake Worth" Chapter, regarding the regulation of marinas; and (4) the "Airports and Aircraft" Chapter, regarding noxious and corrosive substances and aircraft fueling. 5 Section 12.5-101. Numbering System. In this chapter the numbers of the sections begin with 12 .5-100. Each section number corresponds to the number of the Article in which the section is found. For example, all sections in Article I are numbered in the 12 .5-100s, all sections in Article II are numbered in the 12 .5-200s, and so on. Section 12.5-102. Short Title. This chapter may be cited as the Environment Code. Section 12.5-103. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated. Agricultural stormwater runoff means any stormwater runoff from orchards, cultivated crops, pastures, range lands, and other non-point source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 CFR Section 122 .23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR Section 122 .24. Agricultural waste means waterborne liquid, gaseous, or solid substances that arise from the agricultural industry and agricultural activities, including without limitation, agricultural animal feeding pens and lots, structures for housing and feeding agricultural animals, and processing facilities for agricultural products. The term "agricultural waste" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated range land, pasture land, and farmland. Air contaminant means any particulate matter, radioactive material, dust, fumes, gas, mist, smoke, vapor or odor, or any combination thereof, produced by processes other than natural processes. Air pollution means the presence in the atmosphere of one or more air contaminants or any combination thereof, in sufficient quantities and of such duration as are or may tend to be injurious to. or adversely affect human health or welfare, animal life, vegetation or property, or which - 6 - interferes with the normal use and enjoyment of animal life, vegetation or property. Aboveground storage tank means a nonvehicular device that is: (a) made of nonearthen materials; (b) located on or above the surface of the ground or on or above the surface of the floor of a structure below ground such as a mineworking, basement, or vault; and (c) designed to contain any petroleum substance, hazardous substance, hazardous waste, or any mixture of two or more hazardous substances, and/or petroleum substances, and/or hazardous waste. Ambient air means that portion of the atmosphere, external to buildings, to which the general public has access. Ambient air standards means the standards for the outdoor atmosphere, adopted by the Commission, which are established by the U.S. Environmental Protection Agency (EPA) and known as the National Ambient Air Quality Standards (NAAQS) . Approval Authority means the director of the state- s pretreatment program if the state has been delegated NPDES permit authority and has an approved pretreatment program. If the state has not been delegated NPDES permit authority, or if it has been delegated NPDES permit authority but does not have an approved pretreatment program, the term approval authority shall mean the EPA Region 6 Regional Administrator. Approved backflow prevention assembly (or backflow assembly or assembly) means an assembly to counteract backpressure or prevent backsiphonage. This assembly must appear on the list of approved assemblies issued by the City of Fort Worth Water Department. Aquatic monitoring organism means the Fathead minnow Pimephales promelas, the bacterium Photobacterium phosphoreum, or the daphnid Ceriodaphnia dubia. Authorized representative of the user means: (a) If the user is a corporation: 7 (1) 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 (2) The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars) , if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (b) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. (c) 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. (d) The individuals described in subsections (a) through (c) , above, may designate another authorized representative if the authorization is in writing, the authorization 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 the written authorization is submitted to the City. Auxiliary supply means any water source or system other than the public water system, that may be available in a building or on any property. AVB means atmospheric vacuum breaker. Averaae means the arithmetic mean of the values for samples collected over a designated period. Backflow means: (a) The flow in the direction opposite to the normal flow; or - 8 - (b) The introduction of any foreign liquids, gases, or substances into the public water system. Backf low assembly (see "Approved backflow prevention assembly") . Best management practices (BMP) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the MS4 and waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Bioremediation media means bacterial cultures, enzymes, or other media which are designed to eliminate or reduce the need for the mechanical cleaning of grease traps. BOD (Biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 200 centigrade, usually expressed as parts per million (ppm) by weight or in terms of milligrams per liter (mg/1) . Boresight (or boresight to daylight) means providing adequate drainage for backflow prevention assemblies installed in vaults through the use of an unobstructed drain pipe. Bypass means the intentional diversion of waste streams or wastewater from any portion of a user's wastewater treatment equipment or pretreatment equipment. Categorical pretreatment standard or categorical standard means limitations on the discharge of pollutants to the POTW, promulgated by EPA in accordance with Section 307 of the Act, that apply to specified process wastewaters of particular industrial categories (40 CFR 403 . 6 and Parts 405-471) . CERCLA means the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 USCA § 9601, et seq, as amended. CFR means the Code of Federal Regulations. City means the City of Fort Worth, Texas. 9 City sanitary landfill means a controlled area of land owned or operated by the City upon which municipal solid waste is disposed of in accordance with standards, rules, or orders established by the Commission. City solid waste facility means all contiguous land and its structures, other appurtenances, and improvements, used for processing, storing, or disposing of solid waste, and which is owned or operated by the City. Class 1 nonhazardous industrial solid waste means waste classified as such under 30 TAC § 335. 505. COD (chemical oxygen demand) means the measure of the oxygen-consuming capacity of inorganic matter present in the water or wastewater expressed in mg/L as determined by the amount of oxidant consumed from a chemical reflux as specified in Standard Methods. Such term does not, however, differentiate between stable and unstable organic matter, and therefore does not necessarily correlate with BOD. Collect, in Article VII of this chapter, means to remove liquid waste for transport elsewhere, or cause such to be done. Combined wastestream formula (CWF) means a procedure found at 40 CFR § 403 . 6 (e) for calculating alternative discharge limits at industrial facilities where a regulated wastestream from a categorical industrial user is combined with other wastestreams prior to treatment. Commercial garbage and rubbish means garbage and rubbish generated as a by-product of any commercial operation. The term does not include swills, slops, toxic or corrosive materials, manure or other material which is or might be harmful to collection personnel or equipment. Commercial waste container means a truck-loaded or truck- emptied non-disposable container, commonly referred to as a dumpster, used for the collection of commercial garbage and rubbish. Commission means the Texas Natural Resource Conservation Commission and its successor agencies. 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 10 - by mixing discrete sampling aliquots may be collected on a flow or time proportional basis: (a) flow proportional composite: (1) Composed of sampling aliquots collected at consistent time intervals and proportioned in volume according to stream flow; or (2) Composed of sampling aliquots of consistent volume that are collected at time intervals proportioned according to stream flow. (b) time proportional composite: Composed of discrete sampling aliquots of representative volume collected at consistent time intervals regardless of stream flow. Contaminated means containing a harmful quantity of any substance. Contamination means the presence of or entry into a public water supply system, the MS4, Waters of the State, or Waters of the United States of any substance which may be deleterious to the public health and/or the quality of the water. Cooling water• (a) Uncontaminated cooling water means water used for cooling purposes only which has no direct contact with any raw material, intermediate, or final product and which does not contain a level of contaminants detectably higher than that of the intake water. Also known as noncontact cooling water. (b) Contaminated cooling water means water used for cooling purposes only which may become contaminated either through the use of water treatment chemicals used for corrosion inhibitors or biocides, or by direct contact with process materials and/or wastewater. Cosmetic cleaning means cleaning done for cosmetic purposes. It does not include industrial cleaning, cleaning associated with manufacturing activities, hazardous or toxic waste cleaning, or any cleaning otherwise regulated under federal, state, or local laws. - ii - Cross connection means any physical arrangement where a potable water supply is actually or potentially connected with any non-potable water system, used water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, air conditioning unit, fire protection system, or any other assembly which contains, or may contain, contaminated water, domestic sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change over assemblies, or other temporary or permanent assemblies through which, or because of which, backf low may occur are considered to be cross connections. DC means double check valve backf low prevention assembly. DDC means double detector check valve assembly. Degree of hazard means the low or high hazard classification that shall be attached to all actual or potential cross connections. Discharge means to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of, or to allow, permit, or suffer any of these acts or omissions. Discharger means any person who causes, allows, permits, or is otherwise responsible for, a discharge, including, without limitation, any operator of a construction site or industrial facility. Disposal, in Article VII of this chapter, means discharging, depositing, injecting, dumping, spilling, leaking, or placing liquid waste into or onto land or water so that the waste or any constituent thereof may be emitted into the air, discharged into surface water or groundwater, or introduced into the environment in any other manner. Disposal system means any system for disposing of waste, including sewer systems and treatment facilities. Disposer, in Article VII of this chapter, means a person who receives and processes, or disposes of liquid waste. Domestic sewage (or sewage) means human excrement, gray water (from home clothes washing, bathing, showers, dish 12 - washing, and food preparation) , other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels) , office buildings, factories, and institutions, that is free from industrial waste. Double check valve backflow prevention assembly (or double check assembly or double check) means an assembly which consists of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a gate valve on each side of the checks, as well as test cocks to test the checks for tightness. Drinking water means water distributed for human consumption, for use in preparing food or beverages, or for use in cleaning a utensil or article used in preparing food or beverages for, or consuming food or beverages by, human beings. Earth and construction materials means earth, rocks, concrete, roofing materials, materials from demolished houses or other structures, trash and materials from an unimproved lot, and materials resulting from new residential and commercial construction and remodeling by a building contractor, roofing contractor or landscaping contractor. Emission means the release into the outdoor atmosphere of one (1) or more air contaminants or combinations thereof. Environmental Manager means the City's Director of the Department of Environmental Management and the Director's authorized representative. Environmental Protection Agency or EPA means the United States Environmental Protection Agency, or any duly authorized official of said agency. Existing source means any source of discharge to the POTW, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, 'ch will be applicable to such source if the standa thereafter promulgated in accordance with S 7 of the Federal Water Pollution Control d by the Clean Water Act, as amended (33 13 Extrajurisdictional user means a significant industrial user or monitored user, other than a local government, which is located outside the corporate limits of the City, and which discharges or plans to discharge to the POTW. . Facility means all contiguous property owned, operated, leased, or under the control of the same person. The contiguous property may be divided by a public or private right-of-way. Fire Code means the "Fire Prevention and Protection" chapter of the City Code. Fire Department means the Fire Department of the City of Fort Worth, or any duly authorized representative thereof. Fire protection water means any water, and any substances or materials contained therein, used by any person other than the Fire Department to control or extinguish a fire. Flow weighted average (FWA), means a procedure used to calculate alternative limits where wastestreams regulated by a categorical pretreatment standard and other wastestreams combine after treatment but prior to the monitoring point. Food establishment means any place where food is manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared, vended, or otherwise handled. The term includes any such place regardless of whether there is a charge for the food. The term does not include private homes where food is prepared or served for guests and individual family consumption. Garbacte means putrescible animal and vegetable waste materials and/or residue from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products. Generator, in Article VII of this chapter, means a person whose act or process produces a liquid waste or first causes it to be regulated. Grab sample means an individual sample which is collected over a period of time not exceeding fifteen minutes. 14 Gray water means wastewater from clothes-washing machines, showers, bathtubs, hand-washing lavatories, and sinks that are not used for disposal of chemical or chemical-biological ingredients. Grease trap means an interceptor placed in a drainage system to separate and retain grease prior to it entering the sanitary sewer, and includes such interceptors in hotels and motels, restaurants and other food establishments, schools, commercial kitchens, slaughter houses, meat packing plants, soap factories, fat rendering plants, and similar facilities. Grit trap (sand trap) means an interceptor placed in a drainage system at maintenance and repair shops, automobile service stations, car washes, laundries, and other similar facilities, to separate and retain undesirable matter and deleterious materials prior to it entering the sanitary sewer. Harmful quantity means the amount of any substance that will cause pollution of Waters of the State, Waters of the United States, or that will cause lethal or sub- lethal adverse effects on representative, sensitive aquatic monitoring organisms belonging to the City, upon their exposure to samples of any discharge into Waters of the State, Waters of the United States, or the MS4 . Hazardous substance (a) means: (1) a substance designated under Section 311(b) (2) (A) of the Federal Water Pollution Control Act, as amended (33 USC §1321) ; (2) an element, compound, mixture, solution, or substance designated under Section 102 of CERCLA, as amended (42 USC §§9601 et seq. ) ; (3) a hazardous waste having the characteristics identified under or listed under Section 3001 of the federal Solid Waste Disposal Act (42 USC §6921) , excluding waste, the regulation of which under the federal Solid Waste Disposal Act (42 USC §6901 et' seq. ) has been suspended by an Act of Congress; - 15 - (4) a toxic pollutant listed under Section 307 (a) of the Federal Water Pollution Control Act (33 USC §1317) ; (5) a hazardous air pollutant listed under Section 112 of the federal Clean Air Act, as amended (42 USC §7412) ; or (6) any imminently hazardous chemical substance or mixture with respect to which the administrator of the EPA has taken action under Section 7 of the Toxic Substances Control Act (15 USC §2606) . (b) The term does not include: (1) petroleum, which means crude oil or any fraction of crude oil that is not otherwise specifically listed or designated as a hazardous substance under (a) (1) through (a) (6) above; (2) natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel mixtures of natural gas and synthetic gas; or (3) waste materials that result from activities associated with the exploration, development, or production of oil or gas or geothermal resources or any other substance or material regulated by the Texas Railroad Commission under the Natural Resources Code, §91.01. Hazardous waste means any solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 USC §§6901 et seq. ) , as amended. High hazard means the classification assigned to a cross connection that could potentially allow a substance that may cause illness or death ,to a person to backflow into the potable water supply. Household brush and bulky waste means solid waste generated by single-family residences, duplexes, garage apartment units and mobile home units that is too large, heavy or bulky to be collected during normal garbage collection, including but not limited to trees, tree 16 - limbs, tree and shrub cuttings, refrigerators, stoves, water heaters, other large appliances, and materials resulting from minor remodeling by the householder except for roofing materials and materials generated by contractors. Household garbage and rubbish means garbage and rubbish generated by occupants of premises used exclusively for residential purposes. Household hazardous waste means any solid waste generated in single-family and multi-family dwellings by a consumer, which except for the exclusion provided in 40 CFR § 261.4(b) (1) , would be classified as a hazardous waste under 40 CFR, Part 261. Human consumption means uses by humans in which water can be ingested into or absorbed by the human body. Examples of these include, but are not limited to, drinking, cooking, brushing teeth, bathing, washing hands, preparing foods, 'and washing dishes, utensils, and other articles used in the preparation or consumption of food. Incompatible wastes means wastes which have different processing, storage, or disposal requirements. Industrial solid waste means solid waste resulting from or incidental to a process of industry or manufacturing, or mining or agricultural operations. Industrial waste means any waterborne liquid or solid substance that results from any process of industry, manufacturing, mining, production, trade, or business. Infectious waste means solid waste from health care, research and veterinary facilities that contains pathogens or biologically active material which, because of its type, concentration and quantity is capable of transmitting disease and which is comprised of any of the following: (a) Animal waste (includes carcasses, body parts, bedding and whole bulk blood or other blood components of animals intentionally exposed to pathogens) ; (b) Bulk blood and blood products (includes all waste bulk human blood, serum, plasma, and other blood components) ; - 17 (c) Microbiological waste (includes cultures and stocks of infectious agents and associated biologicals, cultures from laboratories, discarded vaccines, disposable culture dishes, and disposable devices used to transfer, inoculate and mix cultures) ; (d) Pathological wastes (includes, but is not limited to, human materials including body parts, tissues and/or fluids removed from a body, and anatomical remains) ; or (e) Sharps (includes the following materials when contaminated: hypodermic needles and syringes with attached needles; scalpels and razor blades used for medical procedures; pasteur pipettes; and broken glass from laboratories) . Interference means a discharge to the POTW, which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and: (a) causes a violation of the City's NPDES permit; or (b) prevents sewage sludge use or disposal in compliance with any of the following statutory/ regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA) ; any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. Lake Worth watershed means Lake Worth and its tributaries located between Lake Worth Dam and a point 4. 0 kilometers downstream from Eagle Mountain Dam. Lead-acid battery means a secondary or storage battery that uses lead as the electrode and acid as the electrolyte and is used to generate electrical current. Liquid waste means water-borne solids, liquids, and gaseous substances located in or removed from grease traps or grit traps, or septage located in or removed from septic tanks, cesspools, portable toilets, Type III - is - marine sanitation devices, or similar facilities. It does not include hazardous waste or Class 1 nonhazardous industrial solid waste. Liquid waste facility means a grease trap, grit trap, , septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar facility. Low hazard means the classification assigned to a cross connection that could potentially allow a substance that may be objectionable but not hazardous to a person's health to backflow into the potable water supply. 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. Maximum grab means the maximum concentration of a substance allowed in a discharge as determined from a laboratory test of a grab sample. Medical waste means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. mg/L (milligrams per liter) means an expression of concentration as a weight-to-volume ratio; the milligram- per-liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water. Mobile commercial cosmetic cleaning means power washing, steam cleaning, and any other mobile cosmetic cleaning operation, of vehicles and/or exterior surfaces, engaged in for commercial purposes. Monitoring well means an artificial excavation constructed to measure or monitor the quantity or movement of substances, elements, chemicals, or fluids below the surface of the ground. The term shall not include any monitoring well which is used in conjunction with the production of oil, gas, or any other minerals. Motor fuel means a petroleum substance which is typically used for the operation of internal combustion engines (including stationary engines and engines used in transportation vehicles and marine vessels) , and which is one of the following types of fuels: leaded or unleaded 19 gasoline, aviation gasoline, Number 1 diesel fuel, Number 2 diesel fuel, and any grades of gasohol. Motor vehicle fluid means any vehicle crankcase oil, antifreeze, transmission fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol blend, and any other fluid used in a motor vehicle. Municipal separate storm sewer system (MS4) means the system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the City and designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage. Municipal solid waste means solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial waste. Municipal waste means waterborne liquid, gaseous, or solid substances that result from any discharge from a publicly owned sewer system, treatment facility, or disposal system. New source, in Article VI of this chapter, means: (a) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants to the POTW, the construction of which commenced after the publication of proposed pretreatment standards under Section 307 (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 will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (1) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (2) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or 20 (3) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (a) (2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment. (c) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (1) Begun, or caused to begin, as part of a continuous on-site construction program A. any placement, assembly, or installation of facilities or equipment; or B. significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (2) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. Noncontact cooling water means water used for cooling which does not come into direct contact with any raw 21 material, intermediate product, waste product, or finished product. Non-point source means any source of any discharge of a pollutant that is not a "point source." Non-residential use shall include all uses not specifically included in "residential use. " NPDES permit means a permit issued by EPA (or by the State under authority delegated pursuant to 33 USC § 1342 (b) ) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Oil means any kind of oil in any form, including, but not limited to, petroleum, fuel oil, crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure, sludge, oil refuse, and oil mixed with waste. Operate means drive, conduct, work, run, manage, or control. Other waste, as that term is used in the definition of pollutant in this Section, means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals, salt water, or any other substance, other than sewage, industrial waste, municipal waste, recreational waste, or agricultural waste. Overload means the discharge of BOD/COD, solids or wastewater volume in excess of the POTW's capacity. Pass through means a discharge which exits the POTW into waters of the State or waters of the United States and which, alone or in conjunction with quantities or concentrations from other sources, cause a violation of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of a violation) . Person means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. 22 Petroleum substance means a crude oil or any refined or unrefined fraction or derivative of crude oil which is liquid at standard conditions of temperature and pressure. A petroleum substance shall be limited to one (1) or a combination of the substances or mixtures in the following list except for any listed substance regulated as a hazardous waste under RCRA: (a) basic petroleum substances - crude oils, crude oil fractions, petroleum feedstocks, and petroleum fractions; (b) motor fuels; (c) aviation gasolines - Grade 80, Grade 100, and Grade 100-LL; (d) aviation jet fuels - Jet A, Jet A-1, Jet B, JP-4, JP-5, and JP-8; (e) distillate fuel oils - Number 1-D, Number 1, Number 2-D, and Number 2; (f) residual fuel oils - Number 4-D, Number 4-light, Number 4, Number 5-light, Number 5-heavy, and Number 6; (g) gas-turbine fuel oils - Grade 0-GT, Grade 1-GT, Grade 2-GT, Grade 3-GT, and Grade 4-GT; (h) illuminating oils - kerosene, mineral seal oil, long-time burning oils, 300 oil, and mineral colza oil; (i) solvents - stoddard solvent, petroleum spirits, mineral spirits, petroleum ether, varnish maker's and painter's napthas, petroleum extender oils, and commercial hexane; (j) lubricants - automotive and industrial lubricants; (k) building materials - liquid asphalt and dust-laying oils; (1) insulating and waterproofing materials - transformer oils and cable oils; (m) used oils; and 23 (n) any other petroleum based material having physical and chemical properties similar to the previously listed materials and receiving approval by the executive director of the Commission for designation as a petroleum substance. pH means the logarithm to the base 10 of the reciprocal of the concentration in grams per liter of hydrogen ions; a measure of the acidity or alkalinity of a solution, expressed in standard units. Plumbing Code means the "Plumbing" Chapter of the City Code. Plumbing hazard means an internal or plumbing-type cross connection in a consumer's potable water system than may be either a pollution or a contamination hazard. Point of use isolation means the appropriate backflow prevention within a consumer's water system at the point at which a cross connection exists. Point source means any discernable, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff. Pollutant means dredged spoil; solid waste; incinerator residue; filter backwash; sewage (including sewage from boats) ; garbage; sewage sludge; munitions; medical wastes; chemical wastes; biological materials; toxic materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; industrial, municipal, recreational, agricultural and other waste; and certain characteristics of wastewater (e.g. , pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor) . It shall not mean sewage sludge, rock, sand, dredged spoil, or cellar dirt when said material is used by the City for fill or reuse. Polluted water, in Article V, Division 2 of this chapter, means water or liquid waste containing any of the following: 24 (a) Harmful quantities of free or emulsified grease or oil; (b) Phenols or other substances producing taste or odor in receiving water; (c) Harmful quantities of toxic or poisonous substances in suspension, colloidal state, or solution. (d) Noxious or otherwise obnoxious or odorous gases, liquids, or solids; (e) More than ten (10) mg/L of total suspended solids (TSS) , biochemical oxygen demand (BOD) , or both; (f) Color, either true or apparent, exceeding (50) units as measured by the Platinum-Cobalt Method; (g) More than 500 mg/L of dissolved solids, or more than 250 mg/L of chlorides or more than 250 mg/L sulfates; (h) A pH value of less than 6. 0 or greater than 9. 0; or (i) Any water or wastewater not approved for discharge into the waters of the State by the Commission or the EPA. Pollution means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any Water of the State or Water of the United States, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Pollution hazard, in Article V, Division 3, means an actual or potential threat to the physical properties of the public water system or the potability of the public or a consumer's potable water system but which would not constitute a health or system hazard. The maximum degree of intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances. Potable water supply means any water supply intended or used for human consumption or other domestic use. 25 - 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, 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. Premise isolation means the appropriate backflow prevention at the service connection between the public water system and the water user. Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Pretreatment requirements means any substantive or procedural requirement related to pretreatment imposed on a user of the POW, other than a pretreatment standard. 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. SS1251 et seq. ) , which applies to industrial users of the POTW. It includes prohibitive discharge limits established pursuant to 40 CFR Part 403 .5. Public trash receptacle means any can, box, tub or barrel placed on City right-of-way by the City, by a person at the City's direction, or - by a person through contract with the City, such receptacles being used for disposal of garbage or rubbish by the general public. Public water system means any public or privately owned water system which supplies water for human consumption. The system includes all services, reservoirs, facilities, and equipment used in the process of producing, treating, storing or conveying water for public consumption. - 26 Putrescible waste means organic wastes, such as garbage, wastewater treatment plant sludge, and grease trap waste, that is capable of being decomposed by microorganisms with sufficient rapidity as to cause odors or gases or is capable of providing food for or attracting birds, animals, and disease vectors. PVB means pressure vacuum breaker. RCRA means the federal Resource Conservation and Recovery Act, 42 USCA §§ 6901 et seq, as amended. Recreational waste means waterborne liquid, gaseous, or solid substances emanate from any public or private park, beach, or recreational area. Recyclables means material that has been recovered or diverted from the nonhazardous solid waste stream for purposes of recycling a substantial portion of which is consistently used in the manufacture of products which may otherwise be produced using raw or virgin materials. Recycling means a process by which materials that are scrapped, discarded, used, surplus, or obsolete, are collected, separated or processed and returned to use in the form of raw materials in the production of new products. Recycling container means the type of container specified by the Director of City Services used for the placement of recyclables for collection by the City. Recycling facility means a facility in which recyclables are collected or removed from the waste stream for transport off-site for recycling. It shall not include facilities within a residential, commercial or industrial premises for the collection of recyclables from solid waste generated on such premises. Reduced pressure principle backflow prevention assembly or (reduced pressure principle assembly or RP assembly or RP) means an assembly containing two independently acting approved check valves together with a hydraulically- operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located test cocks and tightly closing shut-off valves at the end of the assembly. 27 Regulated asbestos-containing material (RACM) shall having the meaning set forth in 40 CFR § 61. 141. Regulated substance, in Article I, Division 4 of this chapter, means an element, compound, mixture, solution, or substance that, when released into the environment, may present substantial danger to the public health, welfare, or the environment. A regulated substance shall be limited to any petroleum substance, hazardous substance, hazardous waste, and any mixture of two or more hazardous substances, and/or petroleum substances, and/or hazardous waste. Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into groundwater, subsurface soils, surface soils, the municipal separate storm sewer system (MS4) , the Water of the State, the Waters of the United States. Representative sample means a sample representative of the daily operations of a user of the POTW. It may be obtained using 24 hour composite sampling, either on a time proportional or a flow proportional basis. Grab samples may be used if the user demonstrates that this will provide a representative sample of the effluent discharged. Residential use means single family dwellings, duplexes, multiplex housing and apartments where the individual units are each on a separate meter; or, in cases where two or more units are served by one meter, the units are full-time dwellings. Roadway means that portion of City right-of-way designed for vehicular travel, exclusive of the shoulder. RP means reduced pressure principle backflow prevention assembly. Rubbish means nonputrescible solid waste, excluding ashes, that consists of: (a) combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; or (b) noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, 28 - and similar materials that do not burn at ordinary incinerator temperatures (1600 OF to 1800 OF). . Sanitary sewer (or sewer) means the system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to the City sewage treatment plant (and to which stormwater, surface water, and groundwater are not intentionally admitted) . Scrap tire means a tire that can no longer be used for its original intended purpose. Septage means either liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device or similar sewage treatment system. Service connection means the point of delivery of water to a customer at which the water purveyor loses control of the water. Severe property damage, in Article VI of this chapter, means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the event of a bypass. Severe property damage does not mean economic loss caused by delays in production. Significant change, in Article VI of this chapter, means an increase or decrease in the volume of wastewater discharged by 20 percent or greater from the data submitted in the permit application, or the deletion or addition of any pollutant regulated by this Article or a permit issued pursuant to this Article. Volumes shall be measured by the water service meter, a verifiable estimate, or a permanently installed effluent flow meter approved by the Director. Significant Industrial User (SIU): (a) Except as provided in subsection (b) of this definition, Significant Industrial Uses means: 29 (1) All industrial users subject to Categorical Pretreatment Standards under 40 CFR § 403. 6 and 40 CFR Chapter I, Subchapter N; and (2) Any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater) ; contributes a process wastestream which makes up 5 percent 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 (f) (6) ) . (b) Upon a finding that an industrial user meeting the criteria in subsection (a) (2) of this definition has no reasonable potential for adversely affecting the POTW's operation of for 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 (f) (6) , determine that such industrial user is not a significant industrial user. Site operating plan, in Article VIII of this chapter, means a document which provides guidance to City solid waste facility management and operating personnel in sufficient detail to enable them to conduct day-to-day operations throughout the life of the site in a manner consistent with the site development plan and the regulations established by the Commission. Slug (slugload) means any volume or pollutant, including oxygen demand parameters, discharged to the POTW at a flow rate or concentration which violates general discharge prohibitions or local limits or which overloads the POTW. Accidental spills and discharges not representative of daily operations shall be included within this definition. Solid waste means any garbage, rubbish, recyclables, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material including solid, liquid, semi- - 30 - solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations, and from community and institutional activities, but does not include: (a) Solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued pursuant to the Texas Water Code, Chapter 26; (b) Soil, dirt, rock, sand, and other natural or man- made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; or (c) Waste materials which result from activities associated with the exploration, development, or production of oil and gas and are subject to control by the Railroad Commission of Texas. Special waste means any solid waste or combination of solid wastes that because of its quantity, concentration, physical, or chemical characteristics, or biological properties requires special handling and disposal to protect the human health or the environment. If improperly handled, transported, processed, or disposed of or otherwise managed, it may pose a present or potential danger to the human health or the environment. Special wastes are: (1) hazardous wastes; (2) class 1 nonhazardous industrial solid wastes; (3) infectious wastes; (4) municipal wastewater treatment plant sludges, other type domestic sewage treatment plant sludges, and water-supply treatment plant sludges; (5) septic tank pumpings; (6) grease and grit trap wastes; (7) wastes from commercial or industrial wastewater treatment plants; air pollution control facilities; and tanks, drums, or containers used for shipping or storing any material that has been listed as a hazardous constituent in 40 CFR, Part 261, Appendix 31 - VIII, but has not been listed as a commercial chemical product in 40 CFR § 261.33 (e) or (f) ; (8) slaughterhouse wastes; (9) dead animals; (10) drugs, contaminated - foods, or contaminated beverages other than those contained in normal household waste; (11) pesticide (insecticide, herbicide, fungicide, or rodenticide) containers; (12) discarded materials containing asbestos; (13) incinerator ash; (14) soil contaminated by petroleum products, crude oils, or chemicals; (15) used oil; (16) light ballasts and/or small capacitors containing polychlorinated biphenyl (PCB). compounds; (17) waste from oil, gas, and geothermal activities subject to regulation by the Texas Railroad Commission when those wastes are to be processed, treated, or disposed of at a solid waste management facility permitted under Title 30, Chapter 330 of the Texas Administrative Code; (18) waste generated outside the boundaries of Texas that contains any industrial waste; any waste associated with oil, gas, and geothermal exploration, production, or development activities; or any special waste. (19) any waste stream other than household or commercial garbage, refuse, or rubbish; (20) lead-acid storage batteries; (21) used oil filters from internal combustion engines; (22) liquids; (23) automobile bodies and parts; 32 - (24) wastes in drums; (25) household hazardous wastes as follows: explosives, .paints, solvents, pesticides and household chemical products; and (26) used or scrap tires. Source, in Article II of this chapter, means a point of origin of air contaminants, whether privately or publicly owned or operated. State means the State of Texas. Storm water means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt. System hazard means an actual or potential threat of severe danger to the physical properties of the public or a consumer's potable water supply, or an actual or potential threat of pollution or contamination that would have a detrimental effect on the quality of the potable water in the system. TAC means the Texas Administrative Code. Tester, in Article V, Division 3, of this chapter, means a person that is a certified backf low prevention assembly technician approved by and registered with the Director of the Department of. Water. Thermal expansion means heated water that does not have the space to expand. Transfer station means a fixed facility used for transferring solid waste from collection vehicles to long-haul vehicles. Transport, in Article VII of this chapter, means to carry liquid waste by vehicle from one place to another, or to cause such to be done. Transporter, in Article VII of this chapter, means a person who collects or transports liquid waste, or causes such to be done. Treatment facility means any plant, disposal field, lagoon, incinerator, area devoted to sanitary landfills, - 33 - or other facility installed for the purpose of treating, neutralizing, or stabilizing waste. Treatment plant (see wastewater treatment plant) . TSS (total suspended solids) means solids that either float on the surface or, or are in suspension in, water, wastewater, or other liquids, and which are generally removable by a laboratory filtration device. TSS is expressed in milligrams per liter. Uncontaminated means not containing a harmful quantity of any substance. Underground storage tank means any one or combination of underground tanks and any connecting underground pipes used to contain an accumulation of regulated substances, the volume of which, including the volume of the connecting underground pipes, is 10 % or more beneath the surface of the ground. Upset, in Article VI of this chapter, 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. USC means United States Code. Used oil (or used motor oil) means any oil that has been refined from crude oil or a synthetic oil that, as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties. Used tire means any tire that has been mounted upon a wheel and utilized for any period of time, or any tire that cannot be legally described as new. Used water means water supplied by a public water system to a water user's system after it has passed through the service connection. User, in Article VI of this chapter, means a person who discharges or causes or permits the contribution of wastewater to the City's POTW. 34 - Vehicle means a every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway. Wastewater treatment plant or treatment plant means that portion of the POTW which is designed to provide treatment of domestic sewage and industrial waste. Waters of the State means any groundwater, streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof. Waters of the United States means all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of "waters of the United States" at 40 CFR § 122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal Clean Water Act. Wetland means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wholesale customer means a utility customer of the City which is a municipality, town, village, or other governmental entity, or a private firm contracting with a governmental entity for the provision of water and/or wastewater treatment service. 35 - Section 12.5-104. Abbreviations. The following abbreviations when used in this chapter shall have the following meanings: o AVB - atmospheric vacuum breaker o BMP - best management practices o BOD - biochemical oxygen demand o °C - degrees Celsius (centigrade) o CERCLA Comprehensive Environmental Response, Compensation and Liability Act o CFR - Code of Federal Regulations o COD - chemical oxygen demand o CWF - combined wastestream formula o DC - double check valve o DDC - double detector check valve o EPA - U.S. Environmental Protection Agency o OF - degrees Fahrenheit o FWA - flow weighted average o gpd - gallons per day o mg/1 - milligrams per liter o MS4 - municipal separate storm sewer system o NPDES- National Pollutant Discharge Elimination System o POTW - publicly owned treatment works o PVB - pressure vacuum breaker o RCRA - Resource Conservation and Recovery Act o• RP_ - reduced pressure principle o TAC - Texas Administrative Code o TOMP - toxic organic management plan o TRC - technical review criteria o TSS - total suspended solids o USC - United States Code Section 12.5-105. Incorporation of Federal and State Statutes, Rules, and Regulations. A reference within this Environment Code to a federal or state statute, rule, or regulation includes all amendments to such statute, rule, or regulation made after the adoption of the Environment Code. 36 DIVISION 2 . DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Section 12.5-106. creation of Department of Environmental Management. There is hereby created a Department of Environmental Management. Section 12.5-107. Authority of Director of Environmental Management. The Department of Environmental Management shall be headed by a person to be known as the Director of Environmental Management. The Director may also be referred to as the Environmental Manager. (a) With respect to the City's compliance with environmental laws, the Director and the Director's authorized representatives may do the following: (1) Monitor compliance with ambient air quality standards, and coordinate efforts with the North Central Texas Council of Governments, the Texas Natural Resource Conservation Commission, and the Environmental Protection Agency. (2) Inspect City properties for the presence of asbestos, polychlorinated biphenyls (PCBs) , and other hazardous substances, and develop and administer whatever remediation programs are required. (3) Audit City departments to determine whether the City is in compliance with federal and state environmental laws; whether the City has obtained all permits required by federal and state environmental laws; and whether the City is in compliance with the permits it has. (4) Audit use of hazardous substances and pesticides by City departments to determine compliance with environmental laws and to recommend alternative materials where practicable. (5) Register and monitor underground and aboveground storage tanks owned by the City, and implement any necessary remediation of - 37 - leaking tanks and contaminated soils and groundwater. (6) Administer the transportation, storage, treatment, and disposal of hazardous wastes generated by the City; maintain a central filing system for the manifests and other records created in response to such wastes; and monitor hazardous waste facilities which receive the City's RCRA hazardous waste for treatment or disposal. (7) Administer the City's compliance with its NPDES permit to discharge from the municipal separate storm sewer system. (8) Provide assistance to the Department of Water regarding the protection of drinking water and surface water bodies which are a source of the City's drinking water. (9) Provide assistance to the Department of City Services regarding the collection, transpor- tation and disposal of solid waste. (10) Monitor the City's compliance with all federal, state, and local environmental laws; except that: A. administering the City's compliance with state and federal laws relating to discharge from the POTW is the responsibility of the Department of Water; B. administering the City's compliance with state and federal laws relating to the production and distribution of drinking water is the responsibility of the Department of Water; C. administering the City's compliance with state and federal laws relating to the operation of the City landfill is the responsibility of the Department of City Services; and D. administering the alternate fuels program for the City's fleet vehicles is the 38 - responsibility of the Department of City Services. (11) Administer the storage and disposal of medical wastes generated by the City's Health and Fire Departments. (12) Perform such other administrative duties as may be assigned by the City Manager. (b) With respect to enforcement, the Director and his authorized representatives may do the following: (1) Investigate violations of and enforce the Texas Clean Air Act. (2) ;Investigate violations of and enforce those . aspects of the Texas Water Code, Chapter 26, which are within the authority of local governments. (3) Investigate violations of and enforce the Texas Litter Abatement Act. This, however, does not diminish the authority of the Director of City Services regarding litter abatement as set forth in Appendix B of the City Code. (4) Investigate violations of and enforce this chapter. (5) Investigate violations of and enforce those provisions of the "Fire Prevention and Protection Chapter" of the Code of the City of Fort Worth that relate to hazardous substances and underground storage tanks, although primary enforcement will remain with the Fire Chief. (6) Investigate all other violations of and enforce environmental laws within the City and within the city's extended jurisdiction. (7) Perform other unlimited environmental activities as may be required to ensure compliance of environmental regulations by City departments and others within the City of Fort Worth and its extended jurisdiction. 39 (c) With respect to other programs, the Director and his authorized representatives may do the following: (1) Monitor and coordinate with other City departments on the City's response to releases of hazardous substances. (2) Advise the Zoning Commission, Board of Adjustment, and Department of Development regarding the location of facilities which have a potentially significant impact on the City's environment. (3) Review and assess the environmental hazards of real property involved in City land: transactions. (4) Monitor the use of City rights-of-way, property, and easements by persons with use agreements for environmental monitoring. (5) Establish and supervise a program for the collection of household hazardous waste. (6) Create educational programs on environmental protection. [Sections 12.5-108 through 12.5-110 reserved] 40 - DIVISION 3. ENFORCEMENT Section 12.5-111. Enforcement Options. (a) In this Division term "Director" shall mean the Director of the Department of Environmental Management, the Director of the Department of Water, the Director of the Department of City Services, or the authorized representative of any of said directors. (b) The primary administration and enforcement of this chapter shall be divided as follows: (1) Department of Environmental Management: Article I, Division 4 - Environmental Use Agreements Article II - Air Quality; Article III - Stormwater; and Article IV - Groundwater and Surface Water Quality (2) Department of Water: Article V - Public Drinking Water; Article VI - Industrial Wastewater; and Article VII - Liquid Waste (3) Department of City Services: Article VIII - Solid Waste and Recycling (c) When a Director determines that a violation of this chapter over which the Director has jurisdiction has occurred._ or is occurring, the following . remedies are available .to such Director. The remedies provided for in this Section or elsewhere in this chapter are not exclusive. A Director may take any, all, or any combination of these actions against a violator, consecutively or concurrently: (1) Issuance of a warning notice; (2) Issuance of one or more citations; 41 - (3) Issuance of a notice of violation; (4) Execution of a consent order; (5) Issuance of a compliance order; (6) A show cause hearing; (7) A stop work order; (8) Nuisance abatement, if applicable; (9) Permit suspension or revocation proceedings, if applicable; (10) Suspension , .-of utility.. service or MS4 access as provided- in:Articles-III, V, and VI; (11) Request the City Attorney to institute suit for civil remedies as provided by this Article, or state or federal law; or (12) Any other remedy provided in this chapter. (d) Nuisances as defined under this chapter may be enforced by any of the above options with the exception of citations, unless the nuisance is also a defined criminal offense. (e) If two or more Directors have concurrent jurisdiction over the provisions of this chapter, they . shall strive to coordinate their enforcement efforts to the degree practicable. Section 12.5-112. criminal citation. A Director is authorized to issue citations for viola- tions of those provisions of this chapter over which he has enforcement,authority. A Director. is also authorized. to issue citations..for.:violations of state environmental laws which are punishable -only- by a fine not to exceed the jurisdictional limits of the Fort Worth Municipal Court, unless such authority is denied under state law. Section 12.5-113. Notice of Violation. (a) When a Director finds that any person has violated, or continues to violate, this chapter or any permit 42 or order issued hereunder, the Director may issue to such person a written notice of violation. (b) No later than the tenth day after receipt of the notice, the violator shall submit to the issuing Director an explanation of the violation and a plan for the satisfactory correction and prevention of a reoccurrence of the violation. Such plan shall include specific actions to be taken by the violator. (c) If the violator denies that any violation occurred, or contends that no corrective action is necessary, he shall submit to the Director no later than the tenth day after receipt of the notice, a written explanation­.of- .the basis-of any such denial or . contention. (d) Submission of an explanation and/or plan in no way relieves a violator of liability for any violations occurring before or after receipt of the notice of violation. (e) Issuance of a notice of violation shall not be a bar against, nor a prerequisite for, taking any other action against a violator. Section 12.5-114. Consent Order. (a) A Director may enter into a consent order, assurance of voluntary compliance, or similar agreement with any person responsible for noncompliance with any provision of this chapter or any permit or order issued hereunder. (b) Such agreement may include specific action to be taken by the violator to correct the noncompliance within a time period specified by the agreement. (c) Such. agreements have..the . same force and effect of compliance- orders - and remediation, abatement, and restoration orders, and shall be judicially enforceable. Section 12.5-115. Compliance Order. (a) When a Director finds that any person has violated, or continues to violate, any provision of this 43 - chapter, or any permit or order issued hereunder, such Director may issue a compliance order to the violator, directing the violator to come into compliance within a specified time limit. (b) Compliance orders may contain other requirements to address noncompliance, including additional management practices and self-monitoring to minimize the amount of pollutants discharged. (c) A Compliance order may not extend the deadline for compliance established by a state or federal standard or requirement. (d) A Compliance order shall not relieve a violator of liability. for, any violation, including any continuing violation. (e) A person receiving a compliance order may file a written notice of appeal with the Director, no later than the tenth day after receipt of the order. . Such notice of appeal shall include an explanation as to why the person believes the enforcement action should not be taken. (f) Issuance of a compliance order shall not be a bar against, nor a prerequisite for, taking any other action against a violator. Section 12.5-116. Show cause Hearing. (a) A Director may order any person- .who has violated or who-_continues to violate any provision of this chapter or any permit or order issued hereunder, to appear and show cause why . a proposed enforcement action should not be taken. (b) A hearing shall not be a bar against, or a prerequisite .;for, . taking any other action :against the violator.. Section 12.5-117. [reserved] Section 12.5-118. Stop Work Order. (a) Whenever a Director finds that any operator of a construction site has violated, or continues to 44 violate, any provision of this chapter, or any permit or order issued thereunder, such Director may order that a stop work order be issued to the operator, posted at the construction site, and distributed to all City departments and divisions whose decisions affect any activity at the site. (b) Unless express written exception is made by such Director, the stop work order shall prohibit any further construction activity at the site and shall bar any further inspection or approval by the City associated with a building permit, grading permit, subdivision plat approval, site development plan approval, or any other City approval necessary to commence or continue construction or to assume occupancy at the site. (c) A person receiving an order under this Section may - file a written notice of appeal with the Director who issued it, no later than the tenth day after receipt of the order. Such notice shall include an explanation as to why the person believes the enforcement action should not be taken. (d) Issuance of a stop work order shall not be a bar against, or a prerequisite for, taking any other action against the violator. Section 12.5-119. Reconsideration and Hearing. (a) Reconsideration. (1)- Any person subject to: a denial of a permit issued under this chapter; a compliance order; a stop work order; an emergency suspension of utility service; or any other enforcement action in this chapter which allows for reconsideration and hearing under this section, may petition the Director who took such action to reconsider the basis for the action. In order for the petition to be considered, it shall be filed with such Director no later than the tenth day after receipt of the notice/order. (2) Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or reviews of the action. 45 (3) In its petition, the petitioner shall indicate the provisions of the action objected to, and the reasons for the objection(s) , any facts that are contested, the evidence that supports the petitioner's view of the facts, any alternative terms of an order that the petitioner would accept, and whether the petitioner requests a hearing on its petition. (4) The effect of a compliance order or stop work order shall .be stayed pending the Director's reconsideration of the petition, and any hearing thereon, unless the Director expressly makes a written determination to the contrary. The effect of an emergency suspension of utilities shall not be stayed pending the Director's reconsideration or any hearing, unless the Director expressly and in writing stays the emergency order. (5) Within a reasonable time of the submittal of a petition for reconsideration, the Director shall either grant the petition and withdraw or modify the order or modify or grant the permit accordingly; deny the petition if no material issue of fact is raised; or if a hearing has been requested and a material issue of fact has been raised, set a hearing on the petition. (b) Hearings. (1) A Director may also set. a hearing if the Director determines that a show cause hearing should be conducted, if grounds exist to revoke or suspend a permit issued under this chapter, or if grounds exist to terminate utilities on a non emergency basis. (2) Written notice of the hearing shall be served on the petitioner/violator at least ten days prior to the hearing. Notice shall be served in person or by certified mail, return receipt requested. (3) Notice shall specify the date, time and place of the hearing. (4) Notice that is mailed shall be deemed received five (5) days after it is placed in a mail 46 receptacle of the United States Postal Service. (5) No decision may be rendered at a hearing by reason of the petitioner/violator's failure to appear unless proof of actual service is shown. (6) For purposes of this section, a Director shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing. (7) Whenever any deadline specified in this Section falls upon a Saturday, Sunday or a City-recognized holiday, the deadline shall be the next regular City business day. (8) The date of an order or ruling required to be made under this Section shall be deemed to be the date it is signed. (9) Decisions shall be based on a preponderance of the evidence. The City shall have the burden of proof in all hearings except permit denial hearings. In permit denial hearings the burden of proof shall be on the petitioner. (10) The Director shall act as the hearings officer. (11) After the conclusion of the hearing, the Director shall make written findings of fact and conclusions of law and shall issue a written decision without undue delay. (12) A hearing shall exhaust all administrative remedies of the petitioner/violator. Section 12.5-120. Nuisance Abatement. (a) Unless specifically stated otherwise, any nuisance as defined within this chapter is hereby declared a nuisance if it exists within the corporate limits of the City or within 5,000 feet of such limits. (b) A Director may give notice to cease, abate, remove or otherwise remedy a nuisance immediately to: - 47 (1) the owner of property upon which a nuisance is located or from which a nuisance originated or is emanating. If the person creating, allowing, or maintaining the nuisance is not the owner of the property, notice shall also be given to such person. (2) any person creating, allowing, or maintaining a nuisance. (c) The notice must be given: (1) personally to the owner/person in writing; or (2) by letter addressed to the owner/person at the owner's/person's .post: office address and sent certified mail, return receipt - requested. However, if personal or certified mail service cannot be obtained or the owner's/person's post office address is unknown, notice may be given: A. by publication in the official newspaper of the City at least twice within ten (10) consecutive days; B. by posting the notice on or near the front door of each building on the property to which the nuisance relates; or C. by posting the notice on a placard attached to a stake driven into the ground on the property to which the nuisance relates, if the property contains no buildings. (d) The notice may order the owner/person to undertake and implement any appropriate action (1) to remediate and/or - abate any adverse .effects . of the nuisance upon the MS4, the Waters of the State, the Waters of the United States, or any other aspect of the environment; and/or (2) to restore any part of the MS4, the Waters of the State, the Waters of the United States, or any other aspect of the environment that has been harmed. - 48 - (e) Such remedial, abatement, and restoration action may include, but not be limited to: (1) monitoring, assessment, and evaluation of the adverse effects and determination of the appropriate remedial, abatement, and/or restoration action; (2) confinement, removal, cleanup, treatment, and disposal of any discharged or released pollution or contamination; (3) prevention, minimization, and/or mitigation of any damage to the public health, welfare, or the environment that may result from the nuisance; and (4) restoration or replacement of City property or natural resources damaged by the nuisance. (f) The notice may direct that the remediation, abatement, and/or restoration be accomplished on a specified compliance schedule and/or be completed within a specified period of time. An order issued under this section does not relieve the violator of liability for any violation, including any continuing violation. (g) If the owner/person does not comply with the notice within ten (10) days of service, the Director may enter any public or private property containing the nuisance and do any work necessary to abate the nuisance, except the demolition of buildings. (h) If the immediate abatement of the nuisance is deemed necessary by a Director to protect the environment or the public health, safety, or welfare from an imminent and substantial endangerment, such Director may, without complying . with. the . notice °provisions of this Section or without waiting the ten-day period, enter the. subject property and do or cause . to be done any work necessary to abate the nuisance and remediate and restore the environment. (i) After abating the nuisance, the Director may inform the owner/person in a notice sent certified mail, return receipt requested, that if the owner/person commits another violation of the same kind or nature that poses a danger to the environment or to 49 the public health and safety on or before the first anniversary date of the original notice, the City may without further notice correct the violation at the owner's expense and assess the expense against the owner's property. (j) All costs incurred by the City to abate a nuisance and remediate and restore the environment, including the cost of giving notice as required, shall be initially paid by the City and charged to the owner of the property. (k) To obtain a lien against the property, the Director causing the abatement shall file a statement of expenses with the County Clerk for the County in which the property is located. The lien statement shall state the- name of the owner, if known, and the legal , description of the property. The lien shall be security for the costs incurred and interest accruing at the rate of ten (10) percent on the amount due from the date of payment by the City. (1) The lien is inferior only to: (1) tax liens; and (2) liens for street improvements. (m) A lien may not be filed against real estate protected by the homestead provisions of the Texas Constitution. Section 12.5-121. Right of Entry. (a) A Director may enter premises or vehicles regulated by this chapter at all reasonable times, whenever it is necessary to make an inspection to enforce any of the. provisions of this chapter, to inspect permits and records required by this chapter, to collect air, water, waste, or wastewater samples, or whenever probable cause exists to believe that a violation of this chapter or other environmental laws exists on such premises. (b) A Director shall first present his credentials and demand entry if the premises are occupied. If the premises are unoccupied, he shall first make a 50 - reasonable attempt to locate the owner or person in control of the premises and demand entry. (c). Where premises have security measures in force which require proper identification and clearance before entry into its premises, the person in control of the premises shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities. (d) If entry is denied or if a person in control cannot be located, the Director shall have every recourse provided by law to secure entry. Such recourse shall include the right to obtain a search warrant under the guidelines of the Texas Code of Criminal Procedure; and for the purposes of same, any person with enforcement authority under this chapter is hereby declared to be a "health officer. " Section 12.5-122. Confidentiality of Records. (a) Information and data obtained from reports, surveys, permit applications, permits, and monitoring programs, and from a Director's inspection and sampling activities, shall be available to the public without restriction, unless the owner, operator, or permittee specifically requests, and is able to demonstrate to the satisfaction of the City, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under the Texas Public Information Act. (b) A person making an assertion of confidentiality shall do so at the time the information or data is submitted as follows: (1) A cover sheet, stamped or typed legend, or other form of written notice shall be placed on or attached to the information, denoting it as "trade secret, " "proprietary, " or "confidential. " (2) If only portions of a document are alleged to be confidential, such portions shall be 51 clearly identified, and may be submitted separately to facility handling and identification by a Director. (3) If the submitter wants the information to remain confidential only to a certain date or until the occurrence of a certain event, this shall also be clearly provided for. (c) All submitted records will be made available immediately upon request to governmental agencies for uses related to the City's NPDES programs or pretreatment program, and in enforcement proceedings involving the person furnishing the report. (d) Wastewater constituents and characteristics and other effluent- data will not be recognized as confidential information and will be available to the public without restriction. Section 12.5-123. Judicial Remedies and Penalties. (a) Criminal Remedies (1) An offense as defined under this chapter is a misdemeanor punishable by a fine not to exceed $2, 000.00. Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. (2) If an offense defined under this chapter does not include a culpable mental state, then one is not needed and the offense shall be one of strict liability. (3) An offense is so defined in this code by the phrase: "A person commits an offense. . . . " (b) Civil Remedies (1) The City may invoke Sections 54.011 - 54.017 of the Texas Local Government Code and petition the state district court or the applicable county court at law, through the City Attorney, for either injunctive relief, civil penalties, or both injunctive relief and civil penalties, whenever it appears that a 52 person has violated, or continues to violate, any provision of this chapter that relates to: A. the preservation of public safety, relating to the materials or methods used in construction of any structure or improvement of real property; B. the preservation of public health or to the fire safety of a building or other structure or improvement; C. the establishment of criteria for land subdivision or construction of buildings, including street design; D. dangerously damaged or deteriorated structures or improvements; E. conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; or F. point source effluent limitations or the discharge of a pollutant from a point source into the Publicly Owned Treatment Works (POTW) or MS4. (2) Pursuant to Section 54. 016 of the Texas Local Government Code, the City may obtain against the owner or the operator of a facility, a temporary or permanent injunction, as appropriate, that: A. prohibits any conduct that violates any provision of this chapter that relates to any matter specified in subsection (b) (1) above; or B. compels the specific. performance of any action that is necessary for compliance with any provision of this chapter that relates to any matter specified in subsection (b) (1) above. (3) Pursuant to Section 54. 017 of the Texas Local Government Code, the City may recover a civil penalty of not more than $1,000 per day for each violation of any provision of this - 53 chapter that relates to any matter specified in Subsection (b) (1)A.- E. above, and a civil penalty of not more than $5, 000 per day for each violation of any provision of this chapter that relates to any matter specified in Subsection (b) (1)F. above, if the City proves that: A. the defendant was actually notified of the provisions of the chapter; and B. after the defendant received notice of the chapter provisions, the defendant committed acts in violation of the chapter or failed to take action necessary for compliance with the chapter. (4) The City may also institute suit to recover the cost of any actual damages incurred by the City, and any costs of response, remediation, abatement, and restoration incurred by the City as allowed under state or federal laws, or at common law. (5) In determining the amount of civil liability, the court should take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, and any other factors as justice requires. (6) Whenever it appears that a violation or a threat of violation of any provision of Texas Water Code § 26.121, or any rule, permit, or order of the Commission has occurred or is occurring within the jurisdiction of the City of Fort Worth, exclusive of its extraterritorial jurisdiction, the City, in the same manner as the Commission, may have a suit instituted in a state district court through its City Attorney for the injunctive relief or civil penalties, or both, authorized in Texas Water Code § 26. 123 (a) , against the person who committed or is committing or threatening to commit the violation. This 54 power is exercised pursuant to Texas Water Code § 26. 124. In any suit brought under this subsection, the Commission is a necessary and indispensable party. (7) Filing a suit for civil penalties or other remedies shall not be a bar against, or a prerequisite for, taking any other action against a violator. [Section 12.5-124 through 12.5-135 reserved] 55 DIVISION 4. ENVIRONMENTAL USE AGREEMENTS Subdivision I. General Provisions Section 12.5-136. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Division, shall have the meanings hereinafter designated. Property owner means the owner of property upon which or from which there has been a release or suspected release. Section 12.5-137. Purpose. (a) The purpose of this Division is to establish guidelines and rules whereby, pursuant to Chapter XXVII, Section 13, of the Charter of the City of Fort Worth, the City Manager may execute use agreements with property owners to allow sub- surface environmental sampling and the placement of monitoring wells in City right-of-way, other City property, and in City easements, without the prior approval of the City Council. These guidelines and rules shall not be interpreted as creating any rights in any property owners to do such sub- surface environmental monitoring or placement of monitoring wells. (b) It is further the purpose of this Division to protect the lives and safety of the traveling public, to protect the health, safety and welfare of the residents of the City of Fort Worth, and to protect City property. Section 12.5-138. Authority of City Manager. (a) The City Manager or the City Manager's designee may enter into use agreements with property owners to allow such owners to perform sub-surface environmental monitoring and place monitoring wells in City right-of-way, other City property, and in City easements, if such sampling or wells are required by the Commission or the EPA, or requested by the property owner, and no reasonable alternative site exists. - 56 - (b) The City Manager may establish rules and procedures for the administration of this Division that are not inconsistent with the provisions of this Division, and which are necessary to protect City property interests and the public health, safety or welfare. (c) For the purpose of making sub-surface environmental sampling or installing monitoring wells on City easements, rights-of.-way, or other property, the provisions of this Division supersede any similar provisions in the "Buildings" Chapter of the City Code or other similar provisions in the City Code. Section 12.5-139. Minimum Requirements for Use Agreements. Any use agreement approved by the City Manager as allowed by this Division shall at a minimum provide for: (a) An insurance policy or policies naming the City as an additional insured, with policy types and limits determined by the City's Risk Manager. When factors so warrant, and the Risk Manager believes the City will be properly protected, the ' Risk Manager may approve self-insurance; (b) The indemnification of the City by the property owner for all claims and damages arising from use agreement activities; (c) The relocation of monitoring wells if required for street and utility repair and maintenance; (d) Minimal disturbance of traffic; (e) Minimal disturbance of the peace of nearby residential neighborhoods; (f) The protection of the City's municipal separate storm sewer system and the City's sanitary sewer from use agreement activities; (g) The proposed drilling depth for soil borings and monitoring wells, locking caps on wells, and restoration of City property following completion or abandonment of contract activities; 57 - (h) Barricading during sampling and drilling of monitoring wells; (i) Inspection of operations by the Environmental Manager and City Traffic Engineer, and authority of same to halt use agreement activities when necessary to protect the environment or traveling public; (j) Drilling to be performed by a contractor licensed and bonded to work in the public right-of-way, and licensed under Chapter 32 of the Texas Water Code; (k) Certification of utility clearance prior to drilling; and (1) Fees to offset the City's cost of regulating and monitoring use' agreement activities as determined . by a schedule set by the City Council. Section 12.5-140. Priority of Placement. It is the City's position that the placement of sub- surface environmental sampling sites and monitoring wells shall follow the order of priority set forth below, and that sampling sites and monitoring wells be permitted on City roadways or in stormwater drainage channels only as a last resort. In declining order of priority, sampling sites and monitoring wells shall be placed: (a) On the property owner's property, not within a public easement; (b) On adjacent private property, not within a public easement; (c) On the property owner's property, within a public easement; (d) On adjacent private property, within a public easement; (e) On City-owned property, excluding rights-of-way; (f) Within City right-of-way, excluding roadways, sidewalks, and stormwater drainage channels; 58 - (g) Within City right-of-way, including roadways and sidewalks, but excluding stormwater drainage channels; (h) Within City right-of-way, including stormwater drainage channels. [Sections 12.5-141 through 12.5-144 reserved] Subdivision II. Sub-surface Environmental Sampling Section 12.5-145. Informal Request for Sub-Surface Environmental Sampling. (a) A property owner seeking permission to conduct sub- surface environmental sampling on City right-of- way, property, or easements shall submit an informal written request to the Environmental Manager. (b) The informal request shall include: (1) A complete history of the release prompting the request; (2) A scale drawing detailing: all adjacent property and improvements within one hundred feet (1001) of the proposed sampling site(s) ; and the location of other soil borings made and monitoring wells placed in response to the release; (3) The preliminary location, scope, and details of all proposed sampling operations; and (4) Documentation which shows the Commission's .or EPA's directive necessitating the request, if applicable. (c) After receiving the request, the Environmental Manager shall review it and either: (1) Approve it for further processing and notify the requestor; (2) Return it to the requestor for more information; or 59 - (3) Deny the request. Section 12.5-146. Formal Request for Sub-Surface Environmental Sampling. (a) If a preliminary request is approved for further processing, the requestor shall submit a formal written request plus seven (7) copies of same to the Environmental Manager. (b) The formal request shall: (1) Document contacts with the following persons regarding the release: A. T.U. Electric Company; B. Lone Star Gas Company; C. Southwestern Bell Telephone Company; D. Sammons Cable; E. Any other utility company with a City franchise or license; F. Texas Department of Transportation (if applicable) ; G. Tarrant County Water Control and Improvement District (if applicable) ; H. Tarrant County Department of Transportation and Public Works (if applicable) ; I. • Trinity River Authority (if applicable) ; and J. The adjacent private property owner (if applicable) ; and (2) Contain detailed information regarding the proposed sampling, including: A. The exact location of all sampling sites, the type and depth of the samples, the hours of operation, and barricading; 60 - B. The equipment to be used in the sampling; C. The names and qualifications of the businesses involved in the sampling, and the name, title and phone number of the project manager who will oversee the sampling; and D. The timetable for all sampling operations. (c) After receiving the formal request, the Environmental Manager shall send copies of the request to the following City officials / departments: (1) City Attorney; (2) Department of Risk Management; (3) City Fire Chief; (4) City Traffic Engineer; (5) Department of Water, Engineering Services Division; (6) Department of Engineering; (7) Department of Development; and (8) Department of Parks and Recreation (if the request will involve use of City parks land) . (d) The officials/departments listed in (c) above may provide the Environmental Manager with requirements to be imposed on the requestor, and other recommendations including alternate sites. The Environmental Manager shall review such requirements ' and recommendations and shall incorporate them into the use agreement to the degree practicable, but shall have the approval authority of the formal request. However, any sampling which will be done in City right-of-way shall also require the approval of the City Traffic Engineer on matters of traffic safety. 61 - Section 12.5-147. Use Agreement for Sub-Surface Environmental Sampling. (a) If the Environmental Manager and City Traffic Engineer (if applicable) approve the formal request, the Environmental Manager shall prepare a written use agreement setting forth the City's requirements, and shall deliver it to the requestor. (b) After the requestor returns the signed use agreement to the Environmental Manager, along with the required fee and appropriate proof of insurance or self-insurance and certification of utility clearance for all city-franchised utility companies, and when applicable, of the other persons listed. in Section 12 . 5-146 (b) (1) , the Commission, and the EPA, the Environmental Manager shall present it to the City Manager for final review. The City Manager may then approve or reject the use agreement. (c) The use agreement shall take the place of any permits required by the City elsewhere in this Code, to do the work allowed by the agreement. [Sections 12.5-148 through 12.5-154 reserved] Subdivision III. Monitoring Wells Section 12.5-155. Necessity of Monitoring Wells. If sub-surface environmental sampling or other tests indicate the possibility of soil or groundwater contamination within City rights-of-way, property, or easements, and either the City, the Commission, or the EPA requires the installation of monitoring wells, the City Manager may enter into a use agreement with a property owner for the placement of monitoring wells and additional sub-surface environmental sampling. Section 12.5-156. Informal Request for Monitoring Wells. (a) A property owner seeking to place monitoring wells on City right-of-way, property, or easements shall - 62 - submit an informal written request to the Environmental Manager. (b) The informal request shall: (1) provide documentation of the need for the well (s) ; (2) provide documentation of the requestor's efforts to locate the well(s) on property other than City right-of-way, property and easements; and (3) include a preliminary plan for the location of the well(s) . (c) If the Environmental. Manager determines that the request should be-approved for further processing, the requestor shall be so notified. If the Environmental Manager determines that the request should be denied, the requestor shall be so notified. The requestor shall have ten days from the date of the notice of denial to appeal the decision to the City Manager. Section 12.5-157. Formal Request for Monitoring Wells. (a) If the preliminary request is approved, the requestor shall submit a formal request and seven (7) copies to the Environmental Manager. (b) The formal request shall include: (1) Documentation of coordination with: A. T.U. Electric Company; B. Lone Star Gas Company; C. Southwestern Bell Telephone Company; D. Sammons Cable; E. Other holders of City utility franchises or licenses; F. Texas Department of Transportation (if applicable) ; - 63 G. Tarrant County Water Control and Improve- ment District (if applicable) ; H. Tarrant County Department of Public Works and Transportation (if applicable) ; I. Trinity River Authority (if applicable) ; and J. The adjacent private property owner (if applicable) ; (2) A detailed scale drawing showing all property and improvements located within one hundred feet (1001) of the proposed well installation; (3) The scope and details of .all well improvements, including but not limited to location and depth of the well(s) , the size of the well(s) , ' the hours of operation, and the construction details of the well(s) ; (4) All equipment to be used in the construction, operation and maintenance of the wells; (5) The names, addresses, phone numbers, and qualifications of all businesses involved in the construction, operation, and maintenance of the well(s) and; (6) The length of time the well will be in service; (7) The procedure to remove the well after they are no longer needed, including restoring the property to its original condition; and (8) The monitoring procedures to be used, including frequency and time of monitoring. (c) After receiving the formal request, the Environmental Manager shall forward copies to the following City officials/departments for review: (1) City Attorney; (2) Department of Risk Management; (3) City Fire Chief; 64 - (4) City Traffic Engineer; (5) Department of Water, Engineering Services Division; (6) Department of Engineering; (7) Department of Development; and (8) Department of Parks and Recreation (if the request will involve use of the City parks land) . (d) The officials/departments listed in subsection (c) may provide the Environmental Manager with requirements to be imposed. on the requestor, and other recommendations . including alternate sites. The Environmental Manager shall review such requirements and recommendations and shall incorporate them into the use agreement to the degree practicable, but will have approval authority over the formal request. However, any wells which will be placed in City rights-of-way shall also require the approval of the City Traffic Engineer on matters of traffic safety. Section 12.5-158. Use Agreements for Monitoring Wells. (a) If the formal request is approved, the Environmental Manager shall prepare a written use agreement setting forth the City's requirements, and shall deliver it to the requestor. (b) After the requestor returns the signed use agreement to the Environmental Manager, along with the required fee and certification of utility clearance for all city-franchised utility companies, and when applicable, the other persons named in Section 12 .5-157 (b) (1) , the Commission, and the EPA, the Environmental Manager shall present it to the City Manager for final review. The City Manager may then approve or reject the use agreement. (c) The use agreement shall take the place of any permits required by the City elsewhere in this Code, to do the work allowed by the agreement. 65 - [sections 12.5-159 through 12.5-164 reserved] Subdivision IV. Mitigation of Contaminated Soil Section 12.5-165. Confirmation of Contaminated Soil. (a) If sub-surface environmental sampling and/or monitoring wells confirm contamination of soil within City right-of-way, property, or easements, the property owner shall notify the Environmental Manager in writing within ten (10) days after learning of the confirmation of contamination. (b) The property. owner shall cooperate with the City in mitigating. the contamination as necessary. [sections 12.5-166 through 12.5-199 reserved]. 66 - ARTICLE II AIR QUALITY DIVISION 1. GENERAL PROVISIONS Section 12.5-200. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, . shall have the meanings hereinafter designated. Act means the Texas Clean Air Act, as amended, codified as Chapter 382, Health. and. Safety Code, Vernon's Texas Codes Annotated. Director means the Director of the Department of Environmental Management or the Director's authorized representative. Section 12.5-201. Purpose. The purpose of this Article is to safeguard the City's air from pollution, by monitoring, controlling or abating air pollution and emission of air contaminants, in order to protect the health, safety, and welfare of the residents of the City of Fort Worth. Section 12.5-202. Authority of the Director. The Director is authorized to do the following: (a) Enforce the provisions of this Article and the Act, using either the enforcement mechanisms found in Article I of this chapter, those found in the Act and 'the rules promulgated,�pursuant to the Act,- or any combination thereof; (b) Conduct surveys of ambient air quality; (c) Evaluate the affect of proposed zoning changes on air pollution and endeavor to coordinate the Director's activities with those of the City Plan Commission and Zoning ' Board in order to achieve optimum management of the air resources of the City; 67 (d) Cooperate with other governmental agencies concerned with air pollution; (e) Disseminate information on air pollution, inform and encourage voluntary cooperation by persons and affected groups in the preservation and regulation of the purity of the outdoor atmosphere; (f) Require the owner, lessee, or operator of any source or suspected source to submit air pollution emission data for the purpose of evaluating the air pollution potential of such source or suspected source; (g) Make recommendations to the Commission concerning a rule, determination, variance, or order of the . . Commission that affects the City; and (h) Establish rules and procedures for enforcing this Article that are not inconsistent with this Article. Section 12.5-203. Right of Entry. The Director may enter public or private property, other than property designed for and used exclusively as a private residence housing not more than three families, at a reasonable time to inspect and investigate conditions relating to emissions of air contaminants in the atmosphere. The right of entry is further subject to the requirements of §122.5-121 of this chapter. [Sections 12.5-203 through 12.5-209 reserved] 68 DIVISION 2. AMBIENT AIR AND EMISSIONS STANDARDS Section 12.5-210. Adoption of State Regulations. The following regulations, in their current form and as they may hereafter be amended, are adopted and incorporated into this Article as if they were set forth at length: (a) 30 TAC, Chapter 101, General Rules; (b) 30 TAC, Chapter 111, Air Pollution from Visible Emissions and Control of Particulate Matter; (c) 30 TAC, .Chapter:::112, .Control of Air Pollution from Sulfur Compounds; (d) 30 TAC, chapter 113, Toxic Materials; (e) 30 TAC, Chapter 114, Control of Air Pollution from Motor Vehicles; (f) 30 TAC, Chapter 115, Control of Air Pollution from Volatile Organic Compounds; (g) 30 TAC, Chapter 116, Control of Air Pollution by Permits for New Construction or Modification; (h) 30 TAC, Chapter 117, Control of Air Pollution from Nitrogen Compounds; (i) 30 TAC, Chapter 118; Control of Air Pollution Episodes; (j) 30 TAC, Chapter 119, Control of Air Pollution from Carbon Monoxide; (k) 30 TAC, Chapter 120, Control of Air Pollution from Hazardous Waste or Solid Waste Management Facilities; (1) 30 TAC, Chapter 121, Control of Air Pollution from Municipal Solid Waste Facilities; (m) 30 TAC, Chapter 122, Federal Operating Permits; and (n) Any other regulations, including any amendments, as may be promulgated by the Commission. 69 Section 12.5-211. Nuisance. (a) An emission of an air contaminant in violation of the regulations adopted under this Division, in violation of the Act, or in violation of any permit issued thereunder, is hereby declared to be a nuisance. (b) An emission of one or more air contaminants, in such concentration and duration that is or may tend to be injurious to or that does or may affect human health or welfare, animal life, vegetation, or property, or that interferes with the normal use and enjoyment of animal life, vegetation, and property, is hereby declared to be a nuisance. (c) The. operation..:of:.a..motor vehicle which. is required by federal motor vehicle laws to have an emissions control system is hereby declared to be a nuisance if the system is not working properly or if the system has been removed or rendered inoperable . (d) The operation of a motor vehicle is hereby declared to be a nuisance if the vehicle emits air contaminants: (1) as dark or darker in shade than that shade designated as number one (1) on the Ringlemann Chart; or (2) of twenty percent (20 %) or greater opacity for longer than five (5) consecutive seconds. [Sections 12 .5-212 through 12.5-299 reserved] 70 - ARTICLE III - STORMWATER PROTECTION DIVISION 1. GENERAL PROVISIONS THIS ARTICLE IS INTENDED AS AN INTERIM ORDINANCE FOR THE PROTECTION OF THE MUNICIPAL SEPARATE STORMWATER SEWER SYSTEM (MS4) PENDING THE EPA'S ISSUANCE TO THE CITY OF AN NPDES PERMIT AND THE CITY'S ADOPTION OF A FINAL STORMWATER ORDINANCE. Section 12.5-300. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated. Director means the Director of the Department of Environmental Management or the Director's . authorized representatives. Discharge means any addition or introduction of any pollutant, stormwater, or any other substance whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United States. Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility. Section 12 .5-301. Administration. The Director of the Department of Environmental Management and the Director's authorized representatives are authorized to administer, implement, and enforce the provisions of this Article. Section 12.5-302 . Discharge to M84 Prohibited. (a) A person commits an offense if the person introduces or causes to be introduced into the MS4 any discharge that is not composed entirely of stormwater. (b) It is an affirmative defense to any enforcement action for a violation of subsection (a) that the discharge was composed entirely of one or more of the following categories of discharges: 71 (1) A discharge authorized by, and in full compliance with, an NPDES permit (other than the NPDES permit for discharges from the MS4) ; (2) A discharge or flow resulting from fire fighting by the Fire Department; (3) A discharge or flow of fire protection water that does not contain oil or hazardous substances or materials that the Fire Code requires to be contained and treated prior to discharge, in which case treatment adequate to remove harmful quantities of pollutants must have occurred prior to discharge; (4) Agricultural stormwater runoff; (5) A discharge or flow from water line flushing or disinfection that contains no harmful quantity of total residual chlorine (TRC) or any other chemical used in line disinfection; (6) A discharge or flow from lawn watering, or landscape irrigation; (7) A discharge or flow from a diverted stream flow or natural spring; (8) A discharge or flow from uncontaminated pumped groundwater or rising groundwater; (9) Uncontaminated groundwater infiltration (as defined at 40 C.F.R. § 35.2005(20) ) to the _.--MS4 ; (10) Uncontaminated discharge or flow from a foundation drain, crawl space pump, or footing drain; (11) A discharge or flow from a potable water source not containing any harmful substance or material from the cleaning or draining of a storage tank or other container; (12) A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of pollutant; 72 (13) A discharge or flow from individual residential car washing; (14) A discharge or flow from a riparian habitat or wetland; (15) A discharge or flow from cold water (or hot water with prior permission of the Director) used in street washing or cosmetic cleaning that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance; or (16) Drainage from a private residential swimming ,pool containing. no. harmful quantities of. . chlorine or other chemicals. Drainage:. from swimming pool filter backwash is prohibited. (c) No affirmative defense shall be available under subsection (b) if: (1) the discharge or flow in question has been determined by the Director to be a source of a pollutant or pollutants to the waters of the United States or to the MS4; (2) written notice of such determination has been provided to the discharger; (3) and the discharge has continued after the expiration of the time given in the notice to cease the discharge. (d) A person commits an offense if the person introduces or causes to be introduced into the MS4 any harmful quantity of any substance. Section- 12.5-303. Connection of Sanitary_ . Sewer Prohibited.. A person commits an offense if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. 73 Section 12.5-304. Nuisances. (a) An actual or threatened discharge to the MS4 that violates or would violate this Article is hereby declared to be a nuisance. (b) A line conveying sewage or designed to convey sewage that is connected to the MS4 is hereby declared to be a nuisance. Section 12.5-305. Emergency suspension of Utility Service and MS4 Access. (a) The City may, without prior notice, suspend water service, sanitary sewer service, and/or MS4 discharge access to a person discharging to . the MS4, Waters- of the United States, or POTW when such suspension is necessary to stop an actual or threatened discharge which: (1) presents or may present imminent and substantial danger to the environment or to the health or welfare of persons.; or (2) presents or may present imminent and substantial danger to the MS4 or Waters of the United States. (b) When the Director determines that City-provided water and/or sanitary sewer service needs to be suspended pursuant to subsection (a) , the Director shall request the Director of the Department of Water-to do so. (c) As soon as is practicable after the suspension of service or MS4 discharge access, the Director shall notify the violator of the suspension in person or by certified mail, return receipt requested, and shall . orderY:>.the violator- .to cease the _. discharge .. immediately. When time permits, the Director should also attempt to notify the violator prior to suspending service or access. (d) If the violator fails to comply with an order issued under subsection (c) , the Director may take such steps as the Director deems necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. - 74 (e) The City shall not reinstate suspended services or MS4 access to the violator until: (1) The violator presents proof, satisfactory to the Director, that the noncomplying discharge has been eliminated and its cause determined and corrected; (2) The violator pays the City for all costs the City incurred in responding to abating, and remediating the discharge or threatened discharge; and (3) The violator pays the City for all costs the City will incur in reinstating service or access. (f) A violator whose service or access: has been suspended or disconnected may appeal such enforcement action to the Director, in writing, within ten days of notice of the suspension in accordance with Section 12.5-119 of this chapter. (g) The City may obtain a lien against the property to recover its response costs pursuant to the procedure set out in Section 12 .5-120 of this chapter. (h) The remedies provided by this Section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator. Section 12.5-306. Non-emergency suspension of Utility Service and MS4 Access. (a) The City may terminate the City-provided. water supply, sanitary sewer connection,.:, and/or. MS4; access any person discharging to the MS4 in violation of this Article, if such termination would abate or reduce the illicit discharge. (b) The Director will notify a violator of the proposed termination of its water supply, sanitary sewer connection, and/or MS4 access. The violator may petition the Director for a reconsideration and hearing pursuant to Section 12 .5-119 of this chapter. 75 (c) The City shall not reinstate suspended services or MS4 access to the discharger until: (1) The violator presents proof, satisfactory to the Director, that the noncomplying discharge has been eliminated and its cause determined and corrected; and (2) The violator pays the City for all costs the City will incur in reinstating service or MS4 access. (d) The remedies provided by this Section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar •.against, . nor_ a .prerequisite for, taking .other action against a violator. (e) A person commits an offense if the person reinstates water service, sanitary sewer service, and or MS4 access to premises terminated pursuant to this Section., without the prior approval of the Director. [Sections 12.5-306 through 12.5-314 reserved] 76 DIVISION 2 . COSMETIC CLEANING Section 12.5-315. ' Permit and Registration Required. (a) A person commits an offense if the person knowingly engages in mobile commercial cosmetic cleaning without a valid permit issued by the Director. (b) A person commits an offense if the person knowingly operates or causes to be operated a mobile commercial cosmetic cleaning vehicle which is not registered with the Director. Section 12.5-316. . Permit Application Procedures. (a) A person required - by section 12.5-315 to have a permit shall complete and file a permit application on a form prescribed by the Director. (b) The Director may require any information on an application that the Director believes is necessary to ensure that best management practices are implemented by the permittee. (c) The application shall include a description and the vehicle license registration number of each vehicle to be registered under the permit. All motor vehicles and trailers used to transport cosmetic cleaning rigs shall be registered. However, a motor vehicle which is used to tow a trailer registered with the Director and which is not used to transport a cosmetic cleaning rig itself, shall not be required to be registered. (d) Any applicant who utilizes wash water recycling units shall list all sanitary sewer discharge locations and , other..,disposal sites the applicant intends to use. Section 12.5-317. Issuance of Permit and Registration Certificates. (a) The Director may issue a permit and registration certificates after the applicant pays all applicable fees, unless the Director has cause to deny such permit, as specified in Section 12 . 5-320. 77 The Director shall provide for procedures to add registered vehicles to a permit during its term. (b) A permit shall be valid for one year from the date of its issuance, unless suspended or revoked. Registration certificates shall be valid for the term of the permit. (c) Neither a permit nor a registration certificate shall be transferable. (d) The City Council shall set an annual fee for a permit and each registration certificate issued under this Division. (e) The Director, will. _issue: a. registration number to . each .vehicle::registered under a permit, and listed on the permit. A registration number is not transferable. (f) The Director will issue a registration certificate for each vehicle registered under a permit. The certificate shall be of a size and design determined by the Director. Section 12.5-318. Display of Registration Numbers and Certificates. (a) A permit holder shall have the registration numbers permanently displayed on each of its vehicles registered under the permit as follows: (1)---The registration number shall be placed on both sides of , the vehicle in a location approved by the Director. (2) The registration number shall be in numerals of a minimum height of three (3) inches, in a color:,.contrasting.to::,their background, . and in: a visible location. (b) A permit holder shall place a registration certificate on each registered vehicle in a location approved by the Director. (c) A person commits an offense if the person operates or causes to be operated a mobile commercial cosmetic cleaning vehicle which does not properly 78 - display the registration number assigned to that vehicle by the Director. (d) A person commits an offense if the person operates or causes to be operated a mobile commercial cosmetic cleaning vehicle which does not properly display a valid registration certificate. Section 12.5-319. Permit conditions. As a condition of receiving and maintaining a permit under this Division a permit holder shall comply with the following: (a) A.- permit a..holder shall . .immediately ....notify. . .the. Director_ of. .any.-:management. changes inr.:.the :l-business during. the -time the permit is in effect. : (b) A permit holder shall submit samples of wash water and/or waste water to the Director or to an authorized representative of the Director of the Department of Water, immediately upon their demand. (c) A permit holder who utilizes wash water recycling units shall: (1) notify the Director in writing of all changes in disposal sites it wants to use during the permit period; (2) discharge wash water into the sanitary sewer only at those sites listed in its permit application and its notices under subsection (c) (1) ; and (3) before the end of each permit period: A. test or cause to be tested a . repre- sentative. sample of its recycled .wash.. water discharge: todetermine. compliance with the discharge limits and prohibi- tions of Section 12 .5-610 of this chapter; B. report the results of such tests in writing to the Industrial Waste Section of the Wastewater Treatment Division of the Department of Water, and send a copy - 79 - to the Department of Environmental Management; and C. sign and certify the report as required by Section 12.5-633 of this chapter. (d) A permit holder shall immediately notify the Director when it sells or otherwise disposes of a vehicle registered under its permit. (e) A permit holder shall ensure that all of its employees engaged in mobile commercial cosmetic cleaning are knowledgeable of the discharge prohibitions to the MS4 under this Article, and shall require all its employees to use best management; practices when engaging., in mobile commercial - cosmetic cleaning. For exterior ,. cleaning; best management ..practices shall include, but not be limited to, the following: (1) Accumulations of oil and grease which have not dried shall be precleaned with absorbent clay (kitty litter) or a similar material and properly disposed of prior to washing. (2) Storm sewer entrances which will receive the wash water shall be screened to catch leaves and other debris. Wash water discharge shall comply with Section 12.5-302 (b) (15) . (3) Wash water discharged to the MS4 shall first pass through an oil absorbent boom or pad to absorb hydrocarbons so that no oil sheen is present on the discharge. Wash water discharge shall comply with Section 12.5- 302 (b) (15) . (4) Wash water which does not comply with -Section 12 .5-302 (b) (15) shall be discharged into the sanitary sewer -system. Discharge shall be at the job site when possible. Wash water from recycle rigs which does not comply with Section 12 . 5-302 (b) (15) shall be disposed of in compliance with. subsection (c) of this section. Grit and sludge shall not be disposed of through the sanitary sewer. (f) A permit holder shall ensure that all of its vehicles registered under the permit display the registration numbers and certificates as required S0 - by this Division, and shall not allow unregistered vehicles to engage in mobile commercial cosmetic cleaning. (g) A permit holder shall not discharge to the MS4 in violation of this Article. (h) A permit holder shall not discharge wastewater to the sanitary sewer system in violation of Section 12.5-610 of this chapter. (i) A permit holder shall not discharge wastewater into the sanitary sewer, either on a job site or off a job site, without the permission of the owner of the property upon which the sewer inlet is located. The :.:.permit- holder. shall:'-.provide proof of such . permission to :the Director upon demand. (k) A permit holder shall not create or maintain a nuisance in violation of Section 12.5-321. Section 12.5-320. Permit Denial and Revocation. (a) The Director may deny a permit, or after notice and hearing revoke a permit if: (1) The permit application contains a false statement of a material fact; (2) If the .person engages in operations that do not consist solely of cosmetic cleaning; or (3) If the permit holder or an employee of the _. permit holder has violated a permit condition. (b) An applicant whose permit is denied will be notified by the Director, in writing, of the denial and the grounds therefore. Such notice will be sent certified mail, return receipt requested, to the .mailing-address. listed .on the application- (c) An applicant whose permit is denied may request a reconsideration no later than the tenth day after receipt of the notice of denial, in accordance with Section 12.5-119 of this chapter. (d) A permit may be suspended or revoked under the procedures of Section 12.5-119 (b) of this chapter. 81 Section 12.5-321. Nuisances. (a) A vehicle transporting cosmetic cleaning wash water or wastewater which is leaking or spilling from such vehicle is hereby declared to be a nuisance. (b) Any premises upon which cosmetic cleaning wastewater has accumulated and which is emitting noxious or offensive odors, or which is creating an unsanitary condition, or which is injurious to the public health or the environment is hereby declared to be a nuisance. [Sections 12.5-322 through 12.5-399 reserved. ] 82 ARTICLE IV GROUNDWATER AND SURFACE WATER QUALITY Section 12.5-400. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated. Act means. the Texas Water Quality Control Act, as amended, codified as Chapter 26, Texas Water Code. Director means the Director of the Department of Environmental .Management-; or . the - Director's authorized representative. Permit (n. ) means an order issued by the Commission in accordance with the procedures prescribed in the Act establishing the treatment which shall be given to wastes being discharged into or adjacent to any water in the state to preserve and enhance the quality of the water and specifying the conditions under which the discharge may be made. Section 12.5-401. Declaration of Policy and Purpose. It is the policy of the City and the purpose of this Article to maintain the quality of water in the City consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, the operation of existing industries, and the economic development of the City; and to require the use of all reasonable methods to implement this policy. Section 12.5-402. Authority of the Director. The Director . of the Department of Environmental Management and the Director's authorized representatives are authorized to administer, implement, and enforce the provisions of this Article and: (a) Disseminate information on water pollution, inform and encourage voluntary cooperation by persons and affected groups in the preservation and regulation of the purity of the water; and - 83 - (b) Conduct water quality surveys. Section 12.5-403. Inspection Authority (a) The Director is authorized to inspect the public water and to enter public or private property in accordance with §26. 014 of the Act, to determine whether: (1) The quality of the water meets the State water quality standards adopted by the Commission; (2) Persons discharging effluent into the public water located within the City and within 5,000 feet of the City have obtained permits for discharge of .the effluent; and (3) Persons who have permits are discharging in compliance with the requirements of the permits. (b) The Director may require the owner, lessee, or operator of any pollution source or suspected source to sample all parameters as designated by the Director for compliance with local, state, and federal water pollution standards. All such data shall be submitted to the Director upon request. (c) The Director may require the owner or operator of a facility to produce for the Director's inspection any permit to discharge effluent into the water issued by the Commission. (d) A person commits an offense if the person fails to submit water pollution data .to the Director as required by this Section. (e) A person commits an offense if the person fails to produce.a discharge permit. for the Director's inspection as required .by this Section. Section 12.5-404. Nuisance A discharge of any pollutant into or adjacent to water in violation of the Act, regulations promulgated pursuant to the Act, or a permit issued pursuant to the Act is hereby declared to be a nuisance. [Sections 12.5-405 through 12.5-499 reserved] - 84 - ARTICLE V PUBLIC DRINKING WATER DIVISION 1. GENERAL PROVISIONS Section 12.s-s00. Definitions. (a) Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated. Department means the Department of Water of the City of Fort Worth. Director means the Director of the Department of Water or the Director's authorized representative. In Division 2 of this Article, the term shall also mean the Director of the Department of Environmental Management or the Director's authorized representative. Inspector means a person that is a certified cross connection inspector employed by or under contract with the City. (b) If a word or term used in Division 3 of this Article is not defined in this chapter, it shall have the definition provided for such word or term in the 9th (ninth) edition of the Manual of Cross Connection Control published by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern California. Section 12.5-501. Purpose. The purpose of this Article is the protection of the quality of City-provided drinking water in furtherance of the health, safety, and welfare of the residents of the City of Fort Worth. Section 12.5-s02. Drinking Water Facility Standards. - 8s - The physical condition of any plant furnishing water to the public for human consumption in the City shall meet all drinking water standard requirements set by the United States Public Health Service, the EPA, and the Commission. Section 12.5-503. City Drinking Water Analysis. The Director shall perform analyses of water entering City distribution lines and shall maintain records of such analyses, in compliance with regulations promulgated by the Commission. Section 12.5-504. Connection of Private Water Supply to City system. (a) A person commits an offense if the person connects any well, tank, cistern, or any other private water supply with the City's water supply system without written permission of the Director. (b) A well, tank, cistern, or other private water supply connected to the City's water supply shall at all times meet all water hygiene standards established by the Commission. All connections shall comply with the "Plumbing" Chapter of the City Code and with Division 3 of this Article, regulating cross-connections. (c) The Director shall not be required to turn water on through a meter to a private supply that does not meet the standards of this Section. [Sections 12.5-505 through 12.5-510 reserved] 86 - DIVISION 2 . PROTECTION OF LAKE WORTH Section 12.5-511. Authority of Director. (a) Pursuant to Texas Local Government Code § 401.002, the Director is authorized to safeguard and inspect the Lake Worth watershed. (b) The Director is further authorized to: (1) Inspect premises discharging into the Lake Worth watershed; (2) Order persons to cease discharging pollutants and/or polluted water into the Lake Worth watershed; (3) Inspect discharge permits issued by the EPA or the Commission for discharge into the Lake Worth watershed, and inspect any records maintained by dischargers pursuant thereto; (4) Take samples of water from the Lake Worth watershed, and samples of any substances discharging into same, for analysis of their physical, bacterial, and chemical content; (5) With the approval of the City Council, protest the issuance of a permit allowing discharge into the Lake Worth watershed; (6) With the approval of the City Council, request that the agency issuing a permit to discharge into the Lake Worth watershed impose discharge restrictions that are more stringent than those required by law; and (7) With the approval of the City Council, oppose the location of any nonpoint source of pollution, mining operations, or any landfill, compost facility, or other solid waste processing or disposal facility which could adversely impact the Lake Worth watershed. 87 Section 12.5-512. Pollution of Lake Worth Watershed. (a) A person commits an offense if the person discharges or introduces any pollutant or polluted water into the Lake Worth watershed. (b) A person commits an offense if the person discharges or introduces any harmful quantity of any substance into the Lake Worth watershed. (c) It is an affirmative defense to an enforcement action of subsections (a) or (b) that the discharge was authorized by and in compliance with a discharge permit issued by the Commission or the EPA. (d) A person commits an offense if the person is in control of premises with a permit issued by the EPA or the Commission to discharge into the Lake Worth watershed and knowingly fails or refuses to allow the Director to inspect such permit or any records maintained pursuant thereto. Section 12.5-513. Extended Municipal Court Jurisdiction. Pursuant to Texas Government Code § 30.143 (b) , the Fort Worth Municipal Court has jurisdiction over violations of this Article arising outside of the territorial limits of the City. Section 12.5-514. Nuisance. The discharge of a pollutant, polluted water, or a harmful quantity of any substance into the Lake Worth watershed is hereby declared to be a nuisance. [Sections 12.5-515 through 12.5-524 reserved] 88 - DIVISION 3 . CROSS CONNECTION CONTROL Subdivision I General Provisions Section 12.5-525. Purpose. Pursuant to Title 30, Texas Administrative Code, Section 290.44, it is the responsibility of the City of Fort Worth to protect its drinking water supply by instituting and enforcing a cross connection program. The purpose of this Division, therefore, is to comply with the above- cited regulatory requirements and to protect the water supply of the City of Fort Worth from contamination or pollution due to any cross connections. Section 12.5-526. Cost of Compliance.. The cost of complying with these regulations shall be the responsibility of the property owners and their lessees. These costs include but are not limited to purchasing, installation, testing and repair of the assembly. These costs shall also include point-of-use and premise isolation assemblies. Any cost incurred by the City to enforce this Division is the responsibility of the property owners and their lessees. Section 12.5-527. Responsibilities of Owners and Renters. (a) It is the responsibility of all property owners and lessees to abide by the conditions of this Division. If changes are made to a premises' plumbing system, the property owner shall notify the Director. (b) The owner._of leased premises is responsible ..for.the. installation, testing and repair of all backflow assemblies on the premises. When the lessee changes, the owner shall immediately notify the City. 89 Section 12.5-528. Backflow Prevention Assembly Requirements. (a) A certified cross connection inspector employed by or under contract with the City shall determine the type and location of backflow assembly to be installed within the City's water service area. This does not include wholesale customers or their water users. (b) At a minimum, a backflow prevention assembly will be required in each of the following circumstances: (1) When the nature and extent of any activity at a premises, or the materials used in connection with any activity at a premises, or materials stored at a premises, could contaminate or pollute the potable water supply. (2) When a premises has one or more cross connections. (3) When internal cross connections are present that are not correctable. (4) When intricate plumbing arrangements are present that make it impractical to ascertain whether cross connections exist; (5) When a premises has a repeated history of cross connections being established or re- established. (6) When entry to a premises is unduly restricted so that inspections for cross connections cannot be made with sufficient frequency to assure that cross connections do not exist. (7) When materials are being used such that, if backflow should occur, a health hazard could result. (8) When installation of an approved backflow prevention assembly is deemed by an Inspector to be necessary to. accomplish the purpose of these regulations. - 90 (9) When an appropriate cross connection survey report form has not been filed with the Director. (10) When a fire sprinkler system using non-potable piping material is connected to the City's water system. (11) In all new nonresidential construction there shall be installed an approved backflow assembly at the service connection. The type of the assembly will be commensurate with the degree of hazard as determined by an Inspector. (12) When a building is constructed on commercial premises, and the end use of such building is not determined or could change, a reduced pressure principle backflow prevention assembly shall be installed at the service connection to provide protection of the public water supply in the event of the most hazardous use of the building. (13) If a premises is required to have backflow prevention assemblies, but water cannot be turned off during the testing of such assemblies, the premises shall be equipped with dual backflow prevention assemblies of the same type so that testing, repair and maintenance can be performed. (14) Any used water return system that has received approval from the Director. (15) If a point-of-use assembly has not been tested or repaired as required by this Division, a premise isolation assembly shall be required. (16) If an Inspector determines that additions .or rearrangements have been made to the plumbing system without the proper permits as required by the Plumbing Code, premise isolation shall be required. (17) All multistory buildings or any building with a booster pump or elevated storage tank. - 91 - (18) Retrofitting shall be required on all high hazard connections and wherever else the Director deems retrofitting necessary. (c) Any premises requiring multiple service connections for adequacy of supply and/or fire protection shall have a backflow assembly on each service connection. The assembly shall be commensurate with the degree of potential hazard that could occur in the event of an interconnect between any of the buildings on the premises. (d) A person commits an offense if the person owns or is in control of any premises and knowingly fails to install and maintain backflow prevention assemblies on said premises as required by this section. (e) A person commits an offense if the person owns, operates or manages any premises and backflow from the premises enters the public water supply system. Section 12.5-529. Residential Service Connections. If the Director determines that residential premises have a cross connection, said premises shall be equipped with an approved backflow prevention assembly installed in accordance with this Division. Section 12.5-530. Plumbing Code. As a condition of water service, customers shall install, maintain, and operate their piping and plumbing systems in accordance with the Plumbing Code. If there is a conflict between this Article and the Plumbing Code, the more restrictive provision shall apply. Section 12.5-531. Installation Requirements. (a) Backflow prevention assemblies shall be installed in accordance with the following requirements, to ensure their proper operation and accessibility: (1) Backflow prevention assemblies shall be installed in accordance with the Plumbing Code and this Division. The assembly installer shall obtain the required plumbing permits 92 prior to . installation and shall have the assembly inspected by a certified cross connection inspector and as required by the Plumbing Code. (2) No part of a reduced pressure principle backflow prevention assembly shall be submerged in water or installed in a location subject to flooding. If a double check valve assembly is installed in a. vault, brass plugs shall be maintained in the test ports at all times and adequate drainage shall be provided. (3) Assemblies shall be installed at the point of delivery of the water supply, before any branch in the. line, and on private property located just inside the boundary of the City's right-of-way. An Inspector may specify other areas for installation of the assembly. (4) The assembly shall be protected from freezing and other severe weather conditions. (5) All backflow prevention assemblies shall be of a type and model approved by the Director. (6) All vertical installations shall be approved in writing by the Director prior to installation. (7) The assembly shall be readily accessible with adequate room for maintenance and testing. Assemblies two (2) inches and smaller shall have at least a six (6) -inch clearance on all sides of the assembly. All assemblies larger than two (2) inches shall have a minimum clearance of twelve (12) inches on the back side, twenty-four (24) inches on the test cock side, twelve (12) inches below the assembly and thirty-six (36) inches above the assembly. "Y" pattern double check valve assemblies shall be installed so that the checks are horizontal and the test cocks face upward. (8) If the Director grants written permission to install the backflow assembly inside of a building, the assembly shall be readily accessible between 8:00 a.m. and 5:00 p.m. , Monday through Friday. 93 (9) If an assembly is installed pursuant to subsection (a) (8) , and is four (4) inches or larger and is installed five (5) feet or higher above the floor, it shall be equipped with a rigidly and permanently installed scaffolding acceptable to the Director. This installation shall also meet all applicable requirements set out by the U.S. Occupational Safety and Health Administration and the State of Texas occupational safety and health laws. (10) RP assemblies may be installed in a vault only if relief valve discharge can be drained to daylight through a boregight type drain. The drain shall be of adequate capacity to carry the full rated flow of the assembly and shall be screened on both ends. (11) An approved air gap shall be located at the relief valve orifice of RP assemblies. This air gap shall be at least twice the inside diameter of the incoming supply line as measured vertically above the top rim of the drain and in no case less than one (1) inch. (12) Upon completion of installation, the property owner shall notify the Director to test and inspect the assemblies. The property owner shall register all backflow assemblies with the Director. Registration shall consist of date of installation, manufacturer, model, serial number of the backflow prevention assembly, and initial test report. (b) A person commits an offense if the person installs a backflow prevention assembly in violation of this Section. (c) A person commits an offense if the person fails to notify the Director to inspect a backflow prevention assembly after its installation as required by this Section. (d) A person commits an offense if the person fails to register a backflow prevention assembly as required by this Section. 94 Section 12.5-532. Testing of Assemblies. (a) The Director will inspect and test, or cause to be inspected and tested, all assemblies in each of the following circumstances: (1) immediately after installation; (2) whenever the assembly is moved; (3) a minimum of once a year for all double check assemblies and pressure vacuum breakers; (4) any premise that has RP assemblies as point- of-use protection without high hazard premise isolation protection must be tested every six months; (5) any premise that has an RP assembly as premise isolation without high hazard point-of-use protection must be tested every six months; and (6) immediately after repair. (b) Assemblies may be required to be tested more frequently if the Director deems necessary. (c) All assembly testing shall be performed by a certified and registered backflow prevention assembly tester, in accordance with City-approved test procedures. (d) It is the responsibility of the property owner and the person in control of the premises to have all assemblies tested in accordance with this Division. (e) A person commits an offense if. the person owns or is in control of any premises and knowingly fails or refuses to have the backflow prevention assemblies installed on said premises inspected or tested as required by this Section. (f) The City shall not be liable for damage to an assembly that occurs during testing, when such damage results from metal fatigue or deteriorated metal, or when such damage occurs under standard testing procedures. 95 - Section 12.5-533. Maintenance of Assemblies. (a) A person who owns, operates, or manages premises in which required backflow prevention assemblies are installed, shall maintain such assemblies in proper working order at all times, including repair as required. All maintenance and repair of assemblies shall be done in accordance with all applicable regulations of the Commission and this chapter. (b) Backflow prevention assemblies shall be maintained in a manner that allows them to be tested by a method that has been approved by the Director. (c) A person commits an offense if the person knowingly fails to maintain backflow prevention assemblies in compliance with this section. (d) A person commits an offense if the person knowingly fails to comply with a repair order issued by the Director. Section 12.5-534. Thermal expansion. It is the responsibility of the property owner to eliminate the possibility of thermal expansion, if a closed system has been created by the installation of a backflow assembly. Section 12.5-535. Pressure Loss. Any water pressure drop caused by the installation of a backflow assembly shall not be the responsibility of the City. The Department may give reasonable assistance to a property owner regarding information on adequate sizing of assemblies and proper plumbing practices to provide for required pressure and flows for fire protection. Section 12.5-536. Mobile Units. (a) A person who owns or operates any vehicle that uses water from the City's public water system shall obtain a use permit from the Director before accessing the public water system. The Director may require a fixed air gap or backflow assembly mounted either on the vehicle or piping. 96 - (b) The failure of the owner or operator of the vehicle to comply with this Division shall be grounds for the City to revoke any permit or license required under the City Code to operate the vehicle or the business for which such vehicle is used. (c) The Director may deny a use permit to any person who is not in compliance with this Division or who has a history of violating the requirements of this Section. (d) A person commits an offense if the person operates or causes to be operated a vehicle in violation of this Section. Section 12.5-537. Wholesale Customers. Every wholesale customer that has a contract for water services with the City shall have an active, ongoing cross connection program approved by the Director. The City reserves the right to require a reduced pressure principle assembly or air gap at the interconnect. Section 12.5-538. Right-of-Way Encroachment. (a) No person shall install or maintain a backflow prevention assembly upon or within any City right- of-way except as provided by this Section. (b) No encroachment agreement as required by the "Buildings" Chapter of the City Code will be necessary, but all other permits required by the City Code to perform work in the right-of-way shall be obtained. (c) A backflow prevention assembly required by this Division may be installed upon or within any City right-of-way only if the owner proves to the City that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with traffic or utilities. The City retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly prior to its installation. - 97 - (d) Any assembly or portion of an assembly which extends aboveground shall be located no closer than eighteen (18) inches to the face of the curb. (e) A property owner shall, at the request of the City and at the owner's sole expense, relocate a backflow prevention assembly which encroaches upon any City right-of-way when such relocation is necessary for street or utility construction or repairs or for purposes of public safety. (f) A person commits an offense if the person installs or maintains a backflow prevention assembly in violation of this Section. (g) A person commits an offense if .the person fails .to relocate: a backflow prevention assembly located_in or upon any City right-of-way after-. receiving a written order from the City to do so. (h) A backflow prevention assembly installed or maintained in City right-of-way in violation of this Section or an order issued pursuant to this Section is hereby declared to be a nuisance. [Sections 12.5-539 through 12.5-542 reserved] Subdivision II Cross Connection Inspectors Section 12.5-543. Certification of Cross Connection Inspectors. Inspectors performing cross connection control duties within the City of Fort Worth must be certified by the Director and shall meet the following requirements: (a) Be employed - by or under contract with the City of Fort Worth; (b) Attend a City of Fort Worth cross connection control inspectors certification training course; and (c) Successfully pass a written examination conducted by the City of Fort Worth. 98 [Sections 12.5-544 through 12.5-547 reserved] Subdivision III Backflow Prevention Assembly Testers Section 12.5-548. Certification of Backf low Prevention Assembly Testers. (a) All backflow assembly testers operating within the City shall be certified in accordance with all applicable regulations of the Commission and this chapter. No person shall operate as a backflow prevention assembly tester within the City without first being annually certified by the Director. (b) At the time of certification, recertification, and upon the Director's request, each person certified as a backflow prevention assembly tester shall furnish evidence to show that he/she is insured and bonded to perform services on private property, and has current all licenses required by the State of Texas and the City to perform the contemplated services. (c) Persons certified as backflow prevention assembly testers shall meet the following requirements: (1) High school diploma, or equivalent; (2) Attend a City of Fort Worth backflow assembly tester certification training course. Alternatively, if the tester holds a current certification accepted by the Commission, the tester must attend a refresher course in the City of Fort Worth and meet all other requirements of this Section; (3) Successfully pass a written examination :conducted° by the- City or its designee; (4) Successfully pass a hands-on proficiency examination conducted by the City or its designee; (5) Submit a completed application form for "The City of Fort Worth Certified Backf low Assembly Tester" to the Director; - 99 - (6) Receive confined space entry training certification; and (7) Maintain general commercial liability insurance and automobile liability insurance with the following minimum limits: $250,000.00 per person and $500,000.00 per accident for bodily injury and $100,000.00 per accident for property damage, or $500,000.00 if combined. (d) A person commits an offense if the person knowingly operates as a backflow prevention assembly tester within the City without a valid certification issued by the Director. Section 12.5-549. Certified Backflow Prevention Assembly Tester Responsibilities. (a) No certified backflow assembly tester shall operate within the City without first registering with the Director. The Director shall determine whether an applicant is eligible for registration. (b) A registration shall remain in effect provided: (1) The tester maintains eligibility for registration and certification; (2) The tester tests a minimum of 15 assemblies a year in the City; (3)._ The tester annually attends and successfully completes a recertification training course approved by the Director; and (4) Registration is not revoked by the Director. (c) Upon recertifying, a. tester shall renew his/her registration with the Director. If a certification remains expired for a period of one year, the tester shall reestablish registration eligibility. (d) Each applicant for registration shall: (1) Provide evidence to the Director to establish that the applicant has available the necessary tools and equipment to properly test backflow prevention assemblies. - 100 - (2) Provide evidence to the Director that the applicant has successfully completed "Permit Confined Space Entry Training" as specified by Federal Occupational Safety and Health Agency's 29 CFR 1910.146; and (3) Identify all test gauges the applicant will use in testing backflow prevention assemblies. (e) A registered backflow prevention assembly tester shall: (1) File the serial number of each of his/her test kits with the Director; (2) Annually have each recorded test kit tested for accuracy and calibrated to maintain a 2% accuracy factor; (3) Perform competent and accurate certifications of each backflow prevention assembly tested and shall submit complete reports thereof to the Director; (4) List registered serial numbers of test gauges on tests and maintenance reports prior to submitting them to the Director; and (5) Shall not change the design or operation characteristics of a backflow prevention assembly. (f) After notice and hearing pursuant to Section 12.5- 119.. of this chapter, the Director may revoke a registration if the Director determines that the tester: (1) Has made false, incomplete, or inaccurate assembly testing reports; (2) Has used inaccurate gauges; (3) Has used improper testing procedures; (4) Has expired insurance; (5) Is not in compliance with safety regulations; (6) Has failed to register the serial numbers of his/her test kits or failed to calibrate 101 - gauges annually as required by subsection (e) ; or (7) Has violated any other provision of this Section. (g) A person commits an offense if the person operates as a backflow prevention assembly tester within the City without a valid registration issued by the Director. [sections 12.5-550 through 12.5-554 reserved] Subdivision IV. Installation Standards and Specifications Section 12.5-555. Reduced Pressure Principle Backflow Prevention Assembly (RP) . (a) RPs may be utilized at premises where a substance is handled that would be hazardous to the public health if introduced into the potable water system. An RP is normally used in locations where an air gap is impractical. An RP is effective against both backsiphonage and backpressure. (b) RPs shall be sized to provide an adequate supply of water and pressure for the premises being served. Flow characteristics are not standard. Consult manufacturer's specifications for specific performance data. (c) Premises where interruption of water supply is critical shall be provided with two assemblies installed in parallel. They shall be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum flow required. (d) Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line shall not be installed. (e) (1) The assembly shall be readily accessible for testing and maintenance and shall be located in an area where water damage to buildings or furnishings will not occur from relief valve - 102 - discharge. An approved air gap funnel assembly may be used to direct minor discharges away from the assembly; this assembly will not control flow in a continuous relief situation. Drain lines to accommodate full relief valve discharge flow should be considered. (2) RPs are typically installed above grade in well drained areas, but may be installed below grade if an adequate drain to daylight is provided. (3) Enclosures shall be designed for ready access and sized to allow for the minimum clearances established below. Removable protective enclosures are typically installed on the smaller assemblies. Daylight drain ports shall be provided to accommodate full pressure discharge from the assembly. (4) All assemblies larger than two (2) inches shall have a minimum of twelve (12) inches on the back side, twenty-four (24) inches on the test cock side, and the relief valve opening shall be at least twelve (12) inches plus nominal size of assembly above the floor or highest possible water level. Headroom of six (6) feet is required in vaults without a fully removable top. A minimum access opening of twenty-four (24) inches square is required on all vault lids. (5) Assemblies installed more than five (5) feet above floor level must have a suitable platform for use by testing or maintenance personnel. (f) The assembly must be protected from freezing and other severe weather conditions. (g) Vertical installation is prohibited. (h) Lines shall be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly. (i) The property owner assumes all responsibility for leaks and damage. The owner shall also see that 103 - the vault is kept reasonably free of silt and debris. (j) All RP assemblies shall be tested in accordance with this Division. Any premises that have RP assemblies that are point-of-use protection without high hazard premise isolation protection shall be tested every six months. Any premises that have an RP' assembly as premise isolation without high hazard point-of-use protection assembly shall be tested every six months. Tests are the responsibility of the assembly owner. The owner shall notify the Director upon installation of any backflow prevention assembly. (k) Variances . from these specifications will be evaluated_on:a .case-by-case basis. Any deviations shall be prohibited without prior written approval of the Director. 104 i Test Cocks A (4 req.)� �—Ladder ! 2�^ min. _ f1/ / \ 12^m1n. N'Re I is Valve Provide Ile at or Insulation TOP VIEW Access Door 7^ min, when valve is fully open shutotf Valves (2 req.) u 1 — 3^ min. O 12^min. Dr., n� — Support U SIDF VIEW REDUCED PRESSURE PRINCIPLE LARGE ASSEMBLY Standard Detail No. 12.5-555.1 NOTES: 1) LARGE ASSEMBLIES ARE THOSE THAT ARE 2 1/2" AND LARGER. 2) ASSEMBLY SHALL NOT BE SUBJECT TO FLOODING. 3) DRAIN LINES SHALL BE SIZED TO ACCOMMODATE FULL RELIEF VALVE DISCHARGE FLOW. SEE FLOW CHART 12.5- 555.2 4) REDUCED PRESSURE BACKFLOW ASSEMBLIES ARE TYPICALLY INSTALLED ABOVE GRADE IN WELL DRAINING AREAS,BUT MAY BE INSTALLED BELOW GRADE IF AN ADEQUATE DRAIN TO DAYLIGHT IS PROVIDED. 5) THE INSTALLATION ON THE SUPPLY LINE(AHEAD OF ASSEMBLY)OF A STRAINER WITH TAPPING BLOWOUT MAY BE REQUIRED. SEE STANDARD DETAIL 12.5-555.3. -105- 175 n, D co 150co r Ov 125Cb a 100 U) U) 75 a TYPICAL FLOW RATES z AS SIZED BY FLOOR O 50 DRAIN MFG. 2" 55 GPM 3" 112 GPM 25 4" 170 GPM 5" 350 GPM 6" 450 GPM 0 8" 760 GPM 0 100 200 300 400 500 600 700 800 900 FLOW RATE (GPM) RELIEF VALVE DISCHARGE RATES Standard Detail 12.5-555.2 FOR REDUCED PRESSURE BACKFLOW ASSEMBLIES -106- . "4r STRAINERS Standard Detail No. 12.5-555.3 One of the most common causes of backflow prevention assembly failure is the accumulation of sand, scale, or debris trapped in the assembly. This debris can cause the assembly to fail its required testing and can contribute to a shorter working life span of the assembly. -107- ENCLOSURE WITH 3"MIN. REMOVABLE COVER 3 MIN T >- r J p a a T � I 'n DRAIN TO 12"MIN. DAY LIGHT opaa 00( 0 0 • O• o'0o 1000/� o pp c eo o�o0. o $��Oo o�oo$ �o•�: Yo'u2'�� •a�o Ao;• • �3..MIN REDUCED PRESSURE PRINCIPLE SMALL ASSEMBLY Standard Detail No. 12.5-555.4 NOTES: 1) ASSEMBLY MUST BE PROTECTED FROM FREEZING. 2) REMOVABLE INSULATED COVERS CAN BE USED. 3) ENCLOSURES SHALL BE IN AN AREA NOT SUBJECT TO FLOODING. 4) THE INSTALLATION ON THE SUPPLY LINE (AHEAD OF ASSEMBLY)OF A STRAINER WITH TAPPING BLOWOUT MAY BE REQUIRED. SEE STANDARD DETAIL NO. 12.5-555.3. -108- Section 12.5-556. Double Check Valve Backflow Prevention Assembly (DC) . (a) Double check valve assemblies may be utilized at premises where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable water system. (b) DCs shall be sized to provide an adequate supply of water and pressure for the premises being served. Flow characteristics are not standard. Consult manufacturer's specifications for specific performance data. (c) Premises where interruption of water supply is critical shall be provided with two assemblies installed in parallel. They shall be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum flow required. (d) Bypass lines are prohibited. Pipe fittings which could be used for connecting a bypass line shall not be installed. (e) (1) The assembly shall be readily accessible with adequate room for testing and maintenance. DCs may be installed below grade, providing all test cocks are fitted with brass pipe plugs. All vaults shall be well drained, constructed of suitable materials, and sized to allow for the minimum clearances established below. (2) Assemblies two .(2) inches and smaller shall have at least a three (3) -inch clearance below and on both sides of the assembly, and if located in a vault, the bottom of the assembly shall be not more than twenty-four (24) inches below grade. All assemblies larger than two (2) inches shall have a minimum clearance of twelve (12) inches on the back side, twenty-four (24) inches on the test cock side, and twelve (12) inches below the assembly. Headroom of six (6) feet is required in vaults without a fully removable top. A minimum access opening of twenty-four (24) inches square is required on all vault lids. 109 - (3) Assemblies installed more than five (5) feet above floor level shall have a suitable platform for use by testing or maintenance personnel. (f) Vertical installations are allowed on sizes up to and including four (4) inches that meet the following requirements: (1) Internally spring-loaded check valves; (2) Flow is upward through assembly; (3) Manufacturer states their assembly can be used in a vertical position; and (4) Approved by Director.. (g) The assembly shall be protected from freezing and other severe weather conditions. (h) Lines shall be thoroughly flushed prior to installation. A strainer with blowout tapping may be required ahead of the assembly. (i) The property owner assumes all responsibility for foundation or basement wall penetration, leaks, and damage. The owner shall also see that the vault is kept reasonably free of silt and debris. (j) All DCs shall be tested in accordance with this Division. Tests are the responsibility of the assembly owner. The owner shall notify the Director upon installation of any backflow prevention assembly. (k) Variances from these specifications will be evaluated on a case-by-case basis. No deviations shall be permitted without prior written approval of the Director. - 110 - Ladder 24' min. Test Cocke (4 req.)• 6 min. UA 6"min. 121min. . . . . . ...... ..... TOP VIE Access Door----\,,, 3" min. when valve Ground Level is fully open Shutoff Valves (2 req.) Support 12"m n. z SIDE VIEW DOUBLE CHECK VALVE LARGE ASSEMBLY Standard Detail No. 12.5-556.1 NOTES: 1) LARGE ASSEMBLIES ARE THOSE THAT ARE 2 1/2" AND LARGER. 2) INSTALLATIONS REQUIRE THE USE OF BRASS PLUGS IN ALL TEST PORTS. 3) THE INSTALLATION ON THE SUPPLY LINE(AHEAD OF ASSEMBLY)OF A STRAINER WITH TAPPING BLOWOUT MAY BE REQUIRED. SEE STANDARD DETAIL NO. 12.5-556.3 F7��,7 6"min. I ..`.. c rz 1 TOP VIEW Ground Level � c Shutoff -+ Valves e Testregc;s Varies + (2 re q.) Unions OPT/ov.)C 6" min. I ' Gravel Q (12" min.). QO ° QQooOo� A00 g QQ p�p°� Q Q Q Q0OQ00 0 OM 00°0� CPQO�Q9O0 SIDE VIEW DOUBLE CHECK VALVE SMALL ASSEMBLY Standard Detail No. 12.5-556.2 NOTES: 1) ADEQUATE SPACE MUST BE ALLOWED FOR TESTING AND MAINTENANCE. 2) AREA AROUND ASSEMBLY MUST DRAIN WELL. 3) TEST COCKS MUST BE EQUIPPED WITH BRASS PIPE PLUGS. 4) 'Y' PATTERN ASSEMBLIES MUST BE INSTALLED SO THAT THE TEST COCKS ARE POINTED UP(SEE DRAWING ABOVE). 5) THOROUGHLY FLUSH THE LINES PRIOR TO INSTALLATION OF THE ASSEMBLY. 6) STRAINERS MAY BE REQUIRED. SEE STANDARD DETAIL NO. 12.5-556.3 -ll2- i i STRAINERS Standard Detail No. 12.5-556.3 One of the most common causes of backflow prevention assembly failure is the accumulation of sand, scale, or debris trapped in the assembly. This debris can cause the assembly to fail its required testing and can contribute to a shorter working life span of the assembly. -113- Section 12.5-557. Double Detector Check Valve Assembly (DDC) . Double detector check valve assemblies may be utilized in all installations requiring a double check valve assembly and detector metering. DDCs shall comply with the installation requirements applicable for double check valve assemblies (DCs) . 114 DOUBLE CHECK VALVE ASSEMBLY(APPROVED) r— — — — F 12- MIN. I 124'• MIN. FROM TEST COCK(I 3 MIN - SUPPLY I I -� -- BALL VALVE I FIRE SERVICE 6 Qo Q _I I FLOW 1 i 12 MIN. RESETTER SUPPLIED BY CONTRACTOR �- 3"MIN. 3' MIN. FLANGED PIPELINE 3 0:S'•8 Y. COVER MIN GATE VALVES SUPPLY d_`' °:�e:T� �Jc.•....�(3 FLOW 12 MIN FLANGED COUPLING ADAPTER (TYP.) DOUBLE DETECTOR CHECK Standard Detail No. 12.5-557.1 NOTES: 1) BRASS PLUGS TO BE INSTALLED IN ALL TEST COCKS. 2) IF DOMESTIC SERVICE IS INSTALLED OFF THE FIRE SERVICE,A SECOND GATE VALVE MUST BE INSTALLED OUTSIDE THE VAULT. JOINT RESTRAINT MUST BE PROVIDED BETWEEN THIS VALVE AND THE MAIN. 3) STRAINER MAY BE REQUIRED. SEE STANDARD DETAIL NO. 12.5-557.2 -115- q,llj::• 11•: STRAINERS Standard Detail No. 12.5-557.2 One of the most common causes of backflow prevention assembly failure is the accumulation of sand, scale, or debris trapped in the assembly. This debris can cause the assembly to fail its required testing and can contribute to a shorter working life span of the assembly. -116- Section 12.5-558. Pressure Vacuum Breaker (PVB) . (a) PVBs may be utilized at point-of-use protection only and where a substance is handled that would be objectionable but not hazardous to health if introduced into the potable water system. PVBs protect against backsiphonage only and shall not be installed where there is potential for backpressure. (b) The assembly shall be installed a minimum of twelve (12) inches above the highest use outlet or overflow level downstream from the assembly. (c) PVBs shall not be installed in an area subject to flooding or where damage would occur from water discharge. (d) The assembly shall be protected from freezing. (e) The assembly shall be readily accessible for testing and maintenance, with a minimum clearance of twelve (12) inches all around the assembly. (f) PVBs shall be located between twelve (12) inches and sixty (60) inches above ground level. (g) A strainer with blowout tapping may be required ahead of the assembly. (h) All PVBs must be tested in compliance with this Division. Tests are the responsibility of the assembly owner. The owner shall notify the Director upon installation of any backflow prevention assembly. (i) Variances from these specifications will be evaluated on a case by case basis. No deviations shall be permitted without prior written approval of the Director. - 117 - SEE NOTE SEE NOTE 3 2 III / I 11 N ( Y A 1 1 I f 1 ii l ' o � 0 FLOW n PRESSURE VACUUM BREAKER Standard Detail No. 12.5-558.1 NOTES: 1) DOWNSTREAM CONTROL VALVES OR SHUTOFFS ARE ALLOWED. 2) INSTALL ASSEMBLY AT NO MORE THAN 60" ABOVE GROUND LEVEL. 3) INSTALL ASSEMBLY AT LEAST 12" ABOVE HIGHEST USE OUTLET. 4) NO PUMPS OR BACKPRESSURE SOURCE ALLOWED. 5) NO CHEMICAL ADDITION INTO SYSTEM ALLOWED. 6) PRESSURE VACUUM BREAKERS MUST BE TESTED BY A CERTIFIED BACKFLOW PREVENTION ASSEMBLY TESTER UPON INSTALLATION AND ANNUALLY THEREAFTER;ALSO WHEN MOVED OR REPAIRED. -118- Section 12.5-559. Atmospheric Vacuum Breaker (AVB) . (a) AVBs provide minimal protection and are approved for very low hazard application only. AVBs protect against backsiphonage only and are prohibited where there is potential for backpressure. (b) The assembly shall be installed a minimum of six (6) inches above the highest use outlet or overflow level downstream from the assembly. (c) Shutoff valves downstream from the assembly are prohibited. (d) AVBs shall be allowed only for those applications where there is less than twelve (12) hours per day continuous use. (e) AVBs shall not be installed in an area subject to flooding or where damage may occur from water discharge. (f) AVBs shall be allowed for point-of-use protection only in accordance with the Plumbing Code. AVB's are not recognized as adequate protection by the Director, so additional protection may be required. 119 SEE NOTE SEE NOTE 3 1( ( ��*)"MIN )i I�lu/�lll (�IU / M(� d1�� 0 i 0 ° V o FLOW a o , o p ATMOSPHERIC VACUUM BREAKER Standard Detail No. 12.5-559.1 NOTES: 1) NO CONTROL VALVES OR SHUTOFFS ALLOWED DOWNSTREAM. 2) INSTALL ASSEMBLY AT NO MORE THAN 60" ABOVE GROUND LEVEL. 3) INSTALL ASSEMBLY AT LEAST 6" ABOVE HIGHEST DOWNSTREAM USE PIPING. 4) NO PUMPS OR BACKPRESSURE SOURCE ALLOWED. 5) NO CHEMICAL ADDITION INTO SYSTEM ALLOWED. -120- Section 12.5-560. Air Gap Separation. (a) Air gap separations provide maximum protection from backf low hazards and may be utilized at premises where a substance is handled that would be hazardous to health if introduced into the potable water system. (b) An air gap separation shall be at least twice the diameter of the supply pipeline measured vertically above the top rim of the receiving vessel — in no case less than one (1) inch. If splashing is a problem, tubular screens may be attached or the supply line may be cut at a 450 angle. The air gap distance is measured from the bottom of the angle. Hoses shall not be allowed. (c) Air gap separations shall not be altered in any way without prior approval from the Director, and shall be available for inspection at all reasonable times. (d) Side walls, ribs or similar obstructions do not affect air gaps when spaced from the inside edge of the spout opening a distance greater than three times the diameter of the effective opening for a single, or a distance greater than four times the effective opening for two intersecting walls. (e) In cases where there are three or more side walls, ribs or similar obstructions extending from the water surface to or above the horizontal plane of the spout opening other than as specified in (d) above, the air gap shall be measured from the top of the wall. (f) The effective opening shall be the minimum cross- sectional area at the seat of the control valve or the supply pipe or tubing which feeds the assembly or outlet. If two or more lines supply one outlet, the effective opening shall be the sum of the cross-sectional areas of the individual supply lines or the area of the single outlet, whichever is smaller. 121 Potable Water Supply Overflow Rim Air Gap To Non-Potable 2xD - 1" Minimum Water System Overflow -- Pipe ------------------- ------------------- ------------------- Pump ---------------------- ----------------------------- 111171 AIR GAP SEPARATION Standard Detail No. 12.5-560.1 NOTES: 1) PROVIDES MAXIMUM PROTECTION. 2) THE VERTICAL, PHYSICAL SEPARATIONS MUST BEAT LEAST TWICE THE DIAMETER OF THE INLET PIPE BUT NEVER LESS THAN ONE INCH. -122- Section 12.5-561. Fire Systems. An approved double check valve assembly shall be the minimum protection for fire sprinkler systems using piping material that is not approved for potable water use and/or that does not provide for periodic flow- through during each twenty-four (24) hour period, unless a variance has been issued in writing from the Director. An RP assembly shall be installed if any solution other than the potable water can be introduced into the sprinkler system. Section 12.5-562. Offense. A person commits an offense if the person knowingly installs or maintains backflow, prevention assemblies or air gaps in violation of this subdivision. [Sections 12.5-563 through 12.5-569 reserved] Subdivision V. Enforcement. Section 12.5-570. Access to Premises. (a) Every person provided water service by the City directly or indirectly shall during the hours of 8:00 a.m. through 5:00 p.m. permit the Director to enter their premises and buildings for the purpose of inspecting pipes and fixtures and the manner in which the water is used to determine compliance with this Division. (b) If any water user refuses access to a premises during said times for inspection by an Inspector, the water user shall install a reduced pressure principle assembly at the service connection to that premise. (c) Any temporary or permanent obstruction to safe and easy access to the premises to be inspected shall be promptly removed by the water user at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the user. - 123 - - 2� - !� �!, { ?© ! ��• � � . 2 - �'-� - §y 7 fps 41 . - »_ ate ` . -- -� �m � Mt s . \ ! go _ , �G<, . - m. a •f =® . / 4 R . � 7� ;z to- . ion r@ . �' -■z � � _ = (d) A person commits an offense if the person knowingly fails to install- a reduced pressure principle assembly in accordance with this subsection after receiving notice from the Director to do so. Section 12.5-571. Emergency Suspension of Utility service. (a) The Director may, without prior notice, suspend water service to any premises when such suspension is necessary to stop an actual or threatened backflow which: (1) presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or (2) presents or may present imminent and substantial danger to the City's public water supply. (b) As soon as is practicable after the suspension of service, the Director shall notify the owner of person in charge of the premises of the suspension in person or by certified mail, return receipt requested, and shall order such person to correct the cross connection which allowed the backflow to occur. When time permits, the Director should also notify the owner or person in charge prior to suspending water service. (c) If the person fails to comply with an order issued under subsection (b) , the Director may take such steps -as the Director deems necessary to prevent or minimize damage to the public water supply or to minimize danger to persons. (d) The Director shall not reinstate suspended services until: (1) The person presents proof, satisfactory to the Director, that the backflow has been eliminated and its cause determined and corrected; (2) The person pays the City for all costs the City incurred in responding to the backflow or threatened backflow; and - 124 - (3) The person pays the City for all costs the City will incur in reinstating service. (e) A person whose service has been suspended may appeal such enforcement action to the Director, in writing, within ten days of notice of the suspension in accordance with Section 12 .5-119 of this chapter. (f) A person commits an offense if the person reinstates water service to premises suspended pursuant to this Section, without the prior approval of the Director. (g) The City may obtain a lien against the property to recover, :its response, abatement, and remediation costs pursuant to the procedure set out in Section 12 .5-120 of this chapter. (h) The remedies provided by this Section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator. Section 12.5-572. Non-emergency Termination of Water supply. (a) The Director may terminate the City-provided water supply of any water user who violates the following conditions: (1) Refusing the Director reasonable access to the water user's premises for the purpose of inspection; (2) Hindering or denying the Director access to backflow prevention assemblies; (3) Failing to install a reduced pressure principle assembly as required by Section 12 :5-570; (4) Failing to install and maintain backflow prevention assemblies in compliance with this Division; or 125 - (5) Failing to install, maintain, and operate their piping and plumbing systems in accordance with the Plumbing Code. (b) The Director will notify a water user of the proposed termination of its water supply. The water user may petition the Director for a reconsideration and hearing pursuant to Section 12.5-119 of this chapter. (c) Exercise of this enforcement option by the Director shall not be a bar to, nor a prerequisite for, taking any other action against the water user. (d) The Director shall not reinstate suspended services until: (1) The person presents proof, satisfactory to the Director, that the backflow has been eliminated and its cause determined and corrected; and (2) The person pays the City for all costs the City will incur in reinstating service. (e) A person commits an offense if the person reinstates water service to premises terminated pursuant to this Section, without the prior approval of the Director. Section 12.5-573. Nuisance. Backf low- entering or threatening to enter the public water supply from any premises is hereby declared to be a nuisance. [Sections 12.5-574 through 12.5-599 reserved] 126 - ARTICLE VI INDUSTRIAL WASTEWATER DIVISION 1. GENERAL PROVISIONS Section 12.5-600. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article and in any wastewater discharge permit issued pursuant to this Article shall have the meanings hereinafter designated. Act means the Federal Water Pollution Control Act, as amended by the Clean Water Act, as amended (33 , U.S.C. §§1251 et seq. ) . Director means the Director of the Department of Water or the Director's authorized representative. When used in the context of inspections and enforcement actions, the term also means the Director of the Department of Environmental Management or the Director's authorized representative. Discharge means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307 (b) , (c) , or (d) of the Act. Wastewater means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings_, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. Section 12.5-601. Purpose and Policy. This Article sets.forth uniform requirements for users of the POTW, to enable the City to comply with all applicable state and federal laws, including the Federal Water Pollution Control Act, as amended by the Clean Water Act, as amended (33 USC §§1251 et seq. ) and the General Pretreatment Regulations (40 CFR Part 403) . The objectives of this Article are: (a) To prevent the introduction of pollutants into the POTW that will interfere with its operation; 127 - (b) To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW; (c) To protect the health and safety of both POTW personnel and the general public; (d) To promote the reuse and recycling of industrial wastewater and sludge from the POTW; (e) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW; (f) To provide for wastewater contracts between the City and other municipalities or extrajurisdictional users who discharge to the POTW; and (g) To enable the City to comply with its NPDES permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the POTW is subject. Section 12.5-602. Administration. (a) The Director of the Department of Water and the Director's authorized representatives are authorized to administer, implement, and enforce the provisions of this Article. Additionally, the Director of the Department of Environmental Management and the Director's authorized representatives are authorized to make inspections pursuant to this Article and to take enforcement action against violators. (b) For the purpose of promoting consistency of enforcement throughout the City's jurisdiction and service area, the Director shall promulgate an enforcement response plan. (c) The Director shall have the authority to promulgate administrative regulations which are consistent with this Article and which are necessary for the proper administration and enforcement of this Article. 128 Section 12.5-603. Fees. The City Council may adopt a schedule of reasonable fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include: (a) Fees for wastewater discharge permit applications and applications, including the cost of processing such applications; (b) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users; (c) Fees for reviewing and responding to accidental discharge procedures and construction; (d) Fees for filing appeals; and (e) Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Article and are separate from all other fees, fines, and penalties chargeable by the City. Section 12.5-604. Incorporation of EPA Standards. All categorical pretreatment standards, sewage pretreatment rules, lists of toxic pollutants, industrial categories, and other applicable regulations promulgated by the EPA, including all future amendments of same, are hereby incorporated into this Article. [Sections 12.5-605 through 12.5-609 reserved] 129 - DIVISION 2. DISCHARGE PROHIBITIONS AND LIMITS Section 12.5-610. Discharges to the POTW. (a) General Prohibitions No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW regardless of whether they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements. (b) Specific Prohibitions No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: (1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140OF (60°C) using the test methods specified in 40 CFR 261.21; (2) Wastewater having a pH less than 5.0 or more than 12.01 or otherwise causing corrosive or structural damage to the POTW or equipment; (3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than one-half (1/2) inch in any dimension; (4) Pollutants, including oxygen-demanding pollutants (BOD, etc. ) , released. in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW; (5) Wastewater having a temperature greater than 150OF (650C) , or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction - 130 - into the treatment plant to exceed 1040F (40°C) ; (6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; (8) Trucked or hauled industrial waste. Trucked or hauled septage and chemical toilet waste except at discharge points designated by the Director; (9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; (10) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions; (11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations; (12) Storm water, surface - water, ground water, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Director; (13) Sludges, screenings, or other residues from the pretreatment of industrial wastes; (14) Medical wastes, except as specifically authorized by the Director in a wastewater discharge permit; (15) Wastewater causing, alone or in conjunction with other sources, -the treatment plant's effluent to fail a toxicity test; - 131 - (16) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW; or (17) Swimming pool drainage from private residential pools. Swimming pool drainage from public and semi-public swimming pools may be discharged to the POTW with the prior consent of the Director. Swimming pool filter backwash may be discharged to the POTW. (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 using the combined wastestream formula in 40 CFR 403. 6 (e) or by a flow weighted average. (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 place of, the concentration-based limitations. All concentrations for metallic substances are for total metal unless indicated otherwise. No person shall discharge wastewater containing: (1) Metals in the form of compounds or elements with total concentrations exceeding the following: - 132 - METAL MAXIMUM DAILY MAXIMUM GRAB AVERAGE mg/L mg/L Arsenic 0. 1 0.3 Cadmium 0. 3 0.9 Chromium 5.0 15.0 Copper 3 .0 9.0 Lead 2.9 8.7 Mercury 0.01 0.03 Nickel 2.0 6.0 Silver 0. 1 0. 3 Zinc 5. 0 15. 0 (2) Cyanide or cyanogen compounds (expressed as total CN-) in excess of 1.0 mg/L. (3) Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of 10 parts per million. (4) Oil and Grease A. Fats, oils, or greases of animal or vegetable origin in concentrations greater than 500 mg/L. B. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in concentrations greater than 200 mg/L. C. In no case shall discharges in amounts which cause interference or operational problems with the POTW be allowed. (e) 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. - 133 - Section 12.5-611. City's Right of Revision. The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW than those set forth above. Section 12.5-612. Dilution. (a) No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable .pretreatment standard or requirement._ . . (b) The Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. Section 12.5-613. upset. (a) When 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. This requirement applies in the situation where, among other things, the primary source of power of the treatment equipment is reduced, lost, or fails. (b) Section 12.5-656 of this Article contains requirements for reporting upsets. Section 12.5-614. Bypass. (a) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (b) and (c) of this section. - 134 - (b) (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten (10) days before the date of the bypass, if possible. (2) A user shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by- case basis if the oral report has been received within twenty-four (24) hours. (c) (1) Bypass is prohibited, and the Director may take an enforcement action against a user for a bypass, unless: A. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; B. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The user submitted notices as required under subsection (b) of this section. (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet 135 the three conditions listed in subsection (c) (1) of this section. [Sections 12.5-615 through 12.5-619 reserved] 136 - DIVISION 3 . PRETREATMENT OF WASTEWATER Section 12.5-620. Pretreatment Facilities. (a) Users shall provide wastewater treatment as necessary to comply with this Article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Division 2 of this Article within the time limitations specified by EPA, the State, or the Director, whichever is more stringent. (b) The user shall provide, operate, and maintain any facilities necessary- for, compliance at the .user's expense. (c) The Director may require a user to submit detailed plans describing such facilities and operating procedures to the Director for review. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Article. Section 12.5-621. Additional Pretreatment Measures. (a) When necessary to prevent interference, pass through, or sanitary sewer overflow the Director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and to determine the user's compliance with- the requirements of this Article. (b) The Director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control structure to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. - 137 (c) A user shall provide grease traps and/or grit traps when, in the opinion of the City, they are necessary for the proper handling of wastewater. (1) Grease and grit traps shall not be required for residential users. (2) Grease and grit traps shall be of a type and a capacity approved by the City and shall be located so that they are easily accessible for cleaning, maintenance, and inspection. The installation of grease traps and grit traps shall comply with the requirements of the Plumbing Code. (3) Grease and grit traps shall be inspected, cleaned, and repaired regularly, as needed, by the user at the user's expense. (4) Article VII of this chapter provides additional requirements for the use, servicing, and maintenance of grease and grit traps. The wastes regulated by Article VII do not include hazardous waste and Class 1 nonhazardous industrial solid waste. (d) The Director may require users with the potential to discharge flammable substances to install and maintain an approved combustible gas detection meter. Section 12.5-622. Accidental Discharge/Slug Control Plans. At least once every two (2) years, the Director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Director may develop such a plan for any user. An accidental discharge/slug .control plan shall address, at a minimum, the following: (a) Description of discharge practices, including nonroutine batch discharges; (b) Description of stored chemicals; - 138 - (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 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 12.5-623. Hauled Septage and Industrial Waste. (a) Septage and Chemical Toilet Waste. (1) Hauled septage and chemical toilet waste shall not be discharged into the POTW except at such locations as are designated by the Director, and at such times as are established by the Director. (2) The Director may collect samples of each hauled load to ensure compliance with applicable standards. The Director may require the hauler to provide a waste analysis of any load prior to discharge. (b) Article VII of this chapter provides additional regulations for the generation, transportation, and disposal of liquid waste. (c) Industrial Solid Waste. (1) In order to ensure that trucked industrial solid waste is not being discharged into the POTW, the Director may require any user who generates; such waste . to report the type and amount of the waste, and the location and manner of its disposal. (2) A person commits an offense if the person generates industrial solid waste and knowingly fails to make reports as required by the Director pursuant to subsection (c) (1) . [Sections 12 .5-624 through 12.5-629 reserved] - 139 - DIVISION 4. WASTEWATER DISCHARGE PERMIT APPLICATION Section 12.5-630. Wastewater Analysis. When requested by the Director, a user shall submit information on the nature and characteristics of its wastewater. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information. 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 Small Industrial Users. 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. (b) No Group I, Group IV or Group V user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Director. - 140 - (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 not discharge to the POTW without a wastewater discharge permit. (d) Any violation of the terms and 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. An application for this shall be filed with the Director at least ninety (90) days prior to the date upon which any discharge will begin or recommence. Incomplete or inaccurate applications will-not be processed and will be returned to the user for revision. (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 ordinance; (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; 141 - (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. Section 12.5-633. Signatories and certification. 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. " [Sections 12.5-634 through 12.5-638 reserved] 142 - DIVISION 5. WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS Section 12.5-639. Wastewater Discharge Permit Decisions. (a) The Director will evaluate the data furnished by a user"s permit application, and may require additional information. (b) Within a reasonable period of time following receipt of a complete wastewater discharge permit application, the Director will determine whether to issue a wastewater discharge permit. (c) The Director may deny any application for a wastewater discharge permit. A permit denial may be appealed in accordance with the procedures set forth in Section 12.5-119 of this chapter. Section 12.5-640. Wastewater Discharge Permit Duration. (a) A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. (b) Each wastewater discharge permit will indicate a specific date upon which it will expire. (c) Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. (d) All wastewater discharge permits issued, to a particular users are void upon the issuance of a new wastewater discharge permit to that user. 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 - 143 - 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 based on applicable pretreatment standards; (4) Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and (5) A statement of applicable civil and 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. (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; 144 (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; (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 1.2.5-642. [Reserved] 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; 145 - (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) Violation of any terms or conditions of the wastewater discharge permit; (f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (g) To correct typographical . or other errors in the wastewater discharge- permit; or (h) To reflect a transfer of the facility ownership or operation to a new owner or operator. Section 12.5-644. Permit Transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Director and the Director approves the permit transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. The notice shall include a written certification by the new owner or operator which: (a) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes; (b) Identifies the specific date on which the transfer is to occur; and (c) Acknowledges full responsibility for complying with the existing wastewater discharge permit. 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 146 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 ordinance; (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; (8) Failure to pay fines; (9) Failure to pay sewer charges; (10) Failure to meet compliance schedules; (11) Failure to complete a wastewater survey or the wastewater discharge permit application; (12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or (13) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit, this Article, or Article Vzz. (b) Petitions and hearings are subject to the requirements set forth in Section 12.5-119 of this chapter. - 147 Section 12.5-646. Permit Reissuance. (a) A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 12.5-632 of this Article, a minimum of ninety (90) days prior to the expiration of the users existing permit. (b) If the user submits an application in compliance with subsection (b) , and the failure of the Director to reissue a permit prior to the expiration of the previous permit is not due to any act or omission of the user, the expired permit shall continue to be effective and enforceable until reissued. Section 12.5-647. Regulation of Wastes from Other Jurisdictions. (a) A municipality which contributes wastewater to the POTW, shall enter into an interlocal agreement with the City prior to contributing such wastewater. (b) Prior to the City entering into an interlocal agreement as provided in subsection (a) , the Director may request the following information from the contributing municipality: (1) A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality; (2) An inventory of all. users located within the contributing municipality that are discharging to the POTW; and (3) Such other information as the Director may deem necessary. Section 12.5-648. Extrajurisdictional Users. (a) An extrajurisdictional user shall apply for a permit in accordance with this Article at least ninety (90) days prior' to discharging to the POTW. - 148 (b) This section does not apply to extrajurisdictional users in jurisdictions which have an agreement with the City pursuant to Section 12 .5-647. (c) A wastewater discharge permit issued to an extrajurisdictional user shall be in the form of a contract and shall require the approval of the City Council. An extrajurisdictional user shall agree to all the terms of this Article, the terms of Article I, Division 3 of this chapter, and the terms of its wastewater discharge permit prior to discharging into the POTW. [sections 12.5-649 through 12.5-650 reserved] 149 - DIVISION 6 - REPORTING REQUIREMENTS Section 12.5-651. Baseline Monitoring Reports. (a) Deadlines for submission or reports: (1) Existing Categorical Users. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403 .6(a) (4) , whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in subsection (b) , below. (2) New Sources and New Categorical Users. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director a report which contains the information listed in subsection (b) . A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow __._.and quantity of pollutants to be discharged. (b) Users described above shall submit the information set forth below. (1) Identifying Information The name and address of the facility, including the name of the operator and owner. (2) Environmental Permits A list of any environmental control permits held by or for the facility. C3) Description of Operations - 150 - A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points -of discharge to the POTW from the regulated processes. (4) Flow Measurement Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403. 6 (e) . (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. C. Sampling shall be performed in accordance with procedures set out in Section 12 .5- 661 of this Article. (6) Certification A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. 151 - (7) Compliance Schedule If additional pretreatment 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. 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 ordinance. (8) Signature and Certification All baseline monitoring reports shall be .signed and certified in accordance with Section 12.5-633 of this Article. Section 12.5-652. compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Section 12.5-651(b) (7) of this Article: (a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation) ; (b) Ho increment . referred to above shall exceed nine (9) months; (c) The user shall submit a progress report to the Director no later than fourteen (14) days following each date in the schedule and the f inal date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and - 152 - (d) In no event shall more than nine (9) months elapse between such progress reports to the Director. Section 12.5-653. Reports on Compliance with Categorical Pretreatment Standard Deadline. (a) Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in Section 12.5-651(b) (4)- (b) (6) of this Article. (b) For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6 (c) , this report shall contain a reasonable measure of the user's long-term production rate. (c) For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation) , this report shall include the user's actual production during the appropriate sampling period. (d) All compliance reports shall be signed and certified in accordance with Section 12 . 5-633 of this. Article. Section 12.5-654. Periodic Compliance Reports. (a) All significant industrial users shall, at a frequency determined by the Director but,. in no. case less than twice .per year (once in June covering ithe six-month period December 1st through May 31st and once in December covering the six-month period June 1st through November 30th) , submit a report containing at a minimum: (1) The nature and concentration of pollutants in the discharge which are limited by pretreatment standards; - 153 (2) The measured or estimated average and maximum daily flows for the reporting period; and (3) 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, 12.5-661, and 12 . 5-663 of this Article, the results of this monitoring 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. (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 permitapplication 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 154 - 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. Section 12.5-555. Reports of Accidental Discharges. (a) In the case of any discharge, including upset, accidental discharges, discharges of a nonroutine, episodic nature, a nonroutine batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if .known, and corrective actions taken by the.user. (b) Within five (5) days following such discharge, the user shall, unless waived by the Director, submit to the Director a detailed written report which specifies: (1) A description and cause of the discharge, including location of the discharge, type, concentration, and volume of water; (2) Duration of noncompliance including exact dates and times of noncompliance and, if the noncompliance is continuing, an immediate response to cause the noncompliant discharge to cease; and (3) All steps taken or to be taken to reduce, eliminate, and prevent continuation or recurrence of such an upset, slug load, or accidental . discharge, spill, or other conditions of noncompliance. (c) Such notification shall not .relieve the user of any expense, . loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this ordinance. (d) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge - 155 - described in subsection (a) . Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. Section 12.5-657. Reports from Non-permitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as the Director may require. 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 immediately of the violation; (b) Within thirty (30) days submit to the Director a report which addresses: (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. - 156 - Section 12.5-659. Notification of the Discharge of Hazardous Waste. (a) Pursuant to 40 CFR §403 . 12 (p) , any user who commences the discharge of hazardous waste shall notify the Director, the EPA Region VI Waste Management Division Director, and the TNRCC, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. (1) Such notification shall include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other) . (2) If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. (3) All notifications shall take place no later -than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions shall be submitted under Section 12.5-655 of this -ordinance. The•.notification requirement in this sectiondoes; not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 12.5-651, 12 .5-652, and 12.5-653 of this Article. (b) Dischargers are exempt from the requirements of subsection (a) during a calendar month in which they discharge no more than fifteen (15) kilograms - 157 - of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261. 33 (e) . Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33 (e) , requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification. (c) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user shall notify the Director, the EPA Region VI Waste Management Division Director, and the TNRCC of the discharge of such substance within ninety (90) days of the effective date of such regulations. (d) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. (e) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law. 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, 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, sampling and analyses shall be performed in accordance with procedures approved by EPA. Section 12.5-661. sample Collection. (a) Except as indicated in subsection (b) , the user shall collect wastewater samples using flow proportional composite collection techniques. In 158 - 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. 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. Section 12.5-662. Date Reports- Deemed Received. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail receptacle serviced by the United States Postal Service, the date of receipt of the report shall govern. Section 12.5-663. 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. (b) Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. (c) These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention. period by the Director. [Sections 12.5-664 through 12.5-669 reserved] - 159 - DIVISION 7. COMPLIANCE MONITORING AND ENFORCEMENT Section 12.5-670. Inspection and sampling. (a) Users shall 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. (b) 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. (c) 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 by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated as determined by the Director to ensure their accuracy. (d) 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. (e) Unreasonable delays in allowing the Director 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, 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 percent (66%) or more of wastewater measurements taken 160 - 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; (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 the Director determines will adversely affect the operation or implementation of the local pretreatment program. 161 - Section 12.5-672. Emergency Suspension of Water Supply and/or Discharge. (a) The Director may immediately and without hearing suspend a user's City-provided water supply and/or wastewater discharge when such suspension is necessary in the opinion of the Director to stop an actual or threatened discharge which: (1) Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; (2) Presents or may present imminent and substantial danger to the POTW; or (3) Causes or will cause pass through or interference of the POTW. (b) If time permits, the Director should notify the user prior to the suspension. (c) As soon as is practicable after the suspension of the water supply/discharge, the Director shall notify the user of the suspension in person or by certified mail, return receipt requested, and shall order the user to cease the discharge immediately. (d) Any user notified of a suspension of its water supply/discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to comply immediately and voluntarily with the suspension order, the Director may-.take such steps as deemed necessary to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. Such steps may include immediate severance of the user's water service and sewer connection. (e) The user shall not recommence its water service/discharge until. the Director so authorizes and: (1) The user presents proof satisfactory to the Director that the noncomplying discharge has ceased; (2) The user presents proof satisfactory to the Director that the conditions creating the 162 - threat of imminent and substantial danger have been eliminated; (3) The user pays the City for all costs incurred by the City in responding to the discharge or threatened discharge; and (4) The user pays the City for all costs the City will incur in reinstating services. (f) A user may appeal the suspension in accordance with the procedures for reconsideration and hearing set forth in Section 12 .5-119 of this chapter. (g) The City may obtain a lien against the property to recover its response costs pursuant to the procedures set out in Section 12 . 5-120 of this chapter. (h) The remedies provided by this Section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against nor a prerequisite for, taking other action against a violator. Section 12.5-673. Non-emergency Termination of Water Supply and/or Discharge. (a) A user who violates the following conditions is subject to the termination of its City-provided water supply and/or its discharge: (1) ___Violation of wastewater discharge permit conditions; (2) Failure to accurately report the wastewater constituents and characteristics of its discharge; . (3) Failure to report significant changes in. operations or wastewater volume, constituents, and characteristics prior to discharge; (4) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or (5) Violation of the pretreatment standards of this Article. 163 (b) The user will be notified of the proposed termination of its water supply and/or discharge, and may petition for a reconsideration and hearing pursuant to Section 12.5-119 of this chapter. (c) The user shall not recommence its discharge until the Director so authorizes and: (1) The user presents proof satisfactory to the Director that the noncomplying discharge has ceased; (2) The user presents proof satisfactory to the Director that the conditions creating the threat of imminent and substantial danger have been eliminated; (3) The user pays the City for all costs the City will incur in reinstating services. (d) Exercise of this option by the Director shall not be a bar to, nor a prerequisite for, taking any other action against the user. Section 12.5-674. Performance Bonds. The Director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Article, a previous wastewater discharge permit, or order issued pursuant to this chapter, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance. Section 12.5-675. Liability Insurance. The Director may decline to issue or reissue a wastewater. discharge permit to any user who has failed to comply with any provision of this Article, a previous wastewater discharge permit, or order issued pursuant to this chapter, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. 164 - Section 12.5-676. Additional Criminal Offenses. (a) A person commits an offense if the person owns, operates, or is in control of any facility and there occurs a discharge from such facility to the POTW in violation of this Article, a permit issued pursuant to this Article, or any' pretreatment standards. (b) A person commits an offense if the person owns, operates, or is in control of any facility and fails to make any report to the Director as required by this Article or a permit issued pursuant to this Article. (c) Other than subsections (a) or (b) above, a person commits an offense if the person owns, operates, or is in control ' of any facility and knowingly violates a provision of this Article, a provision of a permit issued pursuant to this Article, or any order issued by the Director under authority of this chapter. Section 12.5-677. Affirmative Defenses to Discharge violations. (a) Upset It is an affirmative defense to an enforcement action brought for noncompliance with categorical pretreatment standards that the noncompliance was caused by upset, if the user demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and the user can identify the cause(s) of the upset; (2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (3) The user has submitted the following information to the Director within twenty-four (24) hours of becoming aware of the upset. If this information is provided orally, a written submission shall be provided within five (5) days: 165 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. (b) Prohibited Discharge Standards It is an affirmative defense to an enforcement action brought against a user for noncompliance, with the general prohibition of Section 12.5-610(a) or a specific prohibition of Section 12.5-610(b) (3) , (4) , (5) , (6) , or (7) , 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: (1) 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 (2) 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 12.5-678. Nuisance. A discharge to the POTW in violation of any provision of this Article, a wastewater discharge permit, or any other pretreatment standard or requirement is hereby declared to be a public nuisance. [Sections 12.5-678 through 12.5-699 reserved] - 166 ARTICLE VII LIQUID WASTE DIVISION 1. GENERAL PROVISIONS Section 12.5-700. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated. Director means the Director of the Department of Water or the Director's authorized representative. When used in the context of inspections and enforcement actions, the term shall also mean the Director of the Department of Environmental Management or the Director's authorized representative. Section 12.5-701. Administration. The Director of the Department of Water and the Director's authorized representatives are authorized to administer, implement, and enforce the provisions of this Article. Additionally, the Director of the Department of Environmental Management and the Director's authorized representatives, are quthorized to make inspections pursuant to this Article and to take enforcement actions against violators. Section 12.5-702. Purpose. The purpose of this Article is the regulation of the generation, transportation and disposal of grease trap waste, grit trap waste, and septage, for the protection of the sanitary sewer system and the environment.. The wastes regulated by this Article do not include hazardous wastes or Class 1 nonhazardous industrial solid wastes. [Sections 12.5-703 through 12.5-704 reserved] 167 - DIVISION 2. GENERATION, TRANSPORTATION, AND DISPOSAL Section 12.5-705. Permit Required. (a) A person commits an offense if the person collects or transports liquid waste without a valid permit issued by the Director. (b) It is an affirmative defense to an enforcement action for a violation of subsection (a) , that: (1) the person was disposing of the person's own waste from the person's own recreational vehicle, boat, or travel trailer; or (2) the person was transporting liquid waste through the City that was collected outside of the City and which was disposed of outside of the City. Section 12.5-706. Permit Application Procedures. A person required by Section 12.5-705 to have a permit shall do the following: (a) Complete and file a permit application on a form prescribed by the Director; (b) Submit with the application a photocopy of applicant's driver's license. If applicant is a person other than an individual, the driver's license shall be that of applicant's chief operating officer or manager; (c) Submit with the application a copy of the applicant's current registration issued by the Commission, pursuant to 30 TAC § 312. 142 , to collect and transport liquid wastes; (d) Submit with the application a copy of the state registration license receipt issued to each vehicle that applicant wants to register under the permit; (e) Submit with the application a list of all disposers the applicant proposes to use; (f) Submit to the Director proof that applicant's vehicles which will be registered under the permit - 168 - are insured in at least the minimum amounts as required by state law, or are self-insured as provided by state law to secure payment of all lawful and proper claims arising out of the operation of each vehicle. A written statement from an authorized agent of the applicant's insurance carrier verifying the issuance of such insurance shall be filed with the Director before a permit is issued. All such verifications of insurance shall provide for a thirty (30) day cancellation notice to the Director; (g) Provide any additional information requested by the Director; (h) Demonstrate to the Director that applicant and applicant's drivers have sufficient knowledge of the vehicles they will be operating and the liquid waste facilities they will be servicing, to collect and transport liquid waste in a safe and competent manner; and (i) Submit for inspection by the Director each vehicle the applicant proposes to register under the permit. Each vehicle shall meet the following requirements: (1) The business name, telephone number, and address of applicant shall be permanently displayed on both sides of the vehicle in letters of a minimum height of three (3) inches, in a color contrasting to their background. An address is sufficient if it states city and state. If applicant's business is not within a municipality, the name of the county and state will be sufficient. (2) The vehicle shall display current state vehicle registration tags and inspection certificate. (3) The vehicle shall display the Commission - assigned registration number in accordance with state regulations. (4) The vehicle shall have a single waste tank which shall be of a minimum 1, 000 gallon capacity, permanently mounted on the vehicle, and designed to transport wastes. Portable - 169 - tanks or other containers temporarily installed in vehicles are prohibited. This paragraph does not apply to vehicles used solely to transport chemical toilet wastes. (5) The vehicle's engine which powers its movement, drive train, and emissions system shall not be modified for the purpose of creating vacuum to empty liquid waste facilities. (6) The vehicle shall have a power take off (PTO) unit to create vacuum sufficient to remove the entire contents of the liquid waste facilities it services. (7) The vehicle shall be clean and odor free. (8) All piping, valves and connectors shall be permanently attached to the tank or vehicle. (9) The tank shall be liquid tight. (10) The tank shall be constructed so that every interior and exterior portion can be easily cleaned. (11) All piping, valves, and connections shall be accessible and easy to clean. (12) Any inlet, or opening of the tank shall be constructed so that collected waste will not spill during filling, transfer, or during transport. (13) All outlet connections shall be constructed so that no waste will leak, run, or spill out of the vehicle. (14) All outlets shall be of a design and type suitable for the waste handled and capable of controlling flow or discharge without spillage or undue spray on or flooding of immediate surroundings while in use. (15) All pumps, valves, cylinders, diaphragms and other appurtenances shall be of a design and type suitable for the type of waste handled; be capable of being easily disassembled for 170 cleaning; and operate without spillage, spray, or leakage. (16) All tank valves shall have a safety plug or cap. (17) All closed vehicles, tanks, or containers used to transport liquid wastes regulated by this Division shall have sight gauges installed and maintained in such a manner that they can be used to determine whether a vehicle is loaded and the approximate capacity of the load. Gauges are not required to read in gallons or liters, but shall show what percentage of the tank capacity is filled. An alternate method to measure actual volumes may be utilized if the transporter has received prior written approval from the Commission's executive director and has provided a copy of that approval to the Director. (18) All discharge valves and ports shall be prominently marked. All discharge ports shall be visible and readily accessible. Section 12.5-707. Issuance and Display of Permit. (a) The Director may issue a permit after the applicant pays all applicable fees, unless the Director has cause to deny such permit, as specified in section 12.5-708. (b) A permit shall be valid for one year from the date of its issuance, unless suspended or revoked. (c) A permit shall not be transferable. (d) The City Council shall set a base annual fee for a permit which shall include one registered vehicle. For each additionalvehicle registered under the permit, .there , shall be an additional fee as set by the City Council. (e) The Director shall issue a vehicle registration number to each vehicle registered under a permit, and shall list these numbers on the permit. A vehicle registration number is not transferable. (f) A permit holder shall cause to be permanently displayed on both sides of each of the vehicles - 171 - registered under the permit the numbers assigned such vehicles by the Director. Such numbers shall be displayed prior to the vehicles being operated under the permit. (g) The vehicle registration number, preceded by the letters FW shall be placed on both side of the vehicle in numerals of a minimum height of three (3) inches and in a color contrasting to their background. (h) The permit holder shall cause a copy of the permit to be kept in each vehicle at all times and presented to the Director or any peace officer upon demand. A copy of the permit holder's transporter registration issued by the Commission shall be kept in each vehicle at all times and presented to the Director or any peace officer upon demand. (i) A person commits an offense if the person operates or causes to be operated a liquid waste transportation vehicle without the vehicle registration number assigned to that vehicle by the Director displayed as required by subsection (g) above. (j) A person commits an offense if the person operates or causes to be operated a liquid waste transportation vehicle which is not registered under a City permit. (k) A person commits an offense if the person operates a liquid waste transportation vehicle and fails to display to the Director or any peace officer upon demand, a copy of a valid City permit. (i) A person commits an offense if the person operates a liquid waste transportation vehicle and fails to display to the Director or any peace officer upon demand, a copy of a valid liquid waste transporter registration issued by the Commission. Section 12.5-708. Grounds for Permit Denial. (a) The Director may deny the issuance of a permit if: (1) The applicant, a partner of the applicant, a principal in the applicant's business, or applicant's manager or operator has: 172 - A. within the five (5) years preceding the date of the application been convicted of a misdemeanor that is punishable by confinement and/or by a fine exceeding $500. 00, and which relates directly to the duty or responsibility in operating a liquid waste transportation business; or B. been convicted of a felony which relates directly to the duty or responsibility in operating a liquid waste transportation business; (2) The applicant fails to provide evidence of liability insurance or self insurance as required by this Article; (3) The applicant had a permit, that was issued under this Article or its predecessor, suspended or revoked within the twelve (12) months preceding the date of the application; (4) The application contains a false statement of a material fact; (5) The application or all required other information is incomplete; (6) The applicants vehicles submitted for inspection do not meet the criteria of Section 12.5-706 (i) . However, the Director may issue a permit but exclude from registration those vehicles not meeting said criteria; (7) The applicant has not shown proof that the applicant and the applicant's drivers are qualified under Section 12.5-706 (h) ; (8) The applicant has violated a provision of this Article within the preceding twelve (12) months; or (9) The applicant does not have a valid liquid waste transporter registration issued by the Commission. (b) An applicant whose permit is denied will be notified by the Director, in writing, of the denial and the grounds therefore. Such notice will be 173 - sent certified mail, return receipt requested, to the mailing address listed on the application. (c) An applicant whose permit is denied may request a reconsideration within (10) days after service of the notice of denial, in accordance with Section 12.5-119 of this chapter. Section 12.5-709. Permit conditions. A person who has been issued a permit by the Director shall comply with the following: (a) A permit holder shall immediately notify the Director of any management changes in the business during the time the permit is in effect, and shall . provide the Director with a photocopy of the new manager's or chief operating officer's driver's license; (b) The permit holder shall notify the Director of all changes in disposal sites it wants to utilize during the permit period, and shall use only those disposal sites permitted or approved by the Commission and the Director; (c) The permit holder shall maintain insurance required by Section 12.5-706(f) and immediately notify the Director of any changes in its insurance carrier or policy, and insured status or self-insured status; (d) The permit holder shall maintain all vehicles registered under the permit in compliance with the requirements of Section 12.5-706 (i) ; (e) The permit holder shall immediately notify the Director when it sells or otherwise disposes of a vehicle registered under the permit; (f) The permit holder shall maintain vehicle registration numbering in compliance with Section 12.5-707 (f) ; (g) The permit holder shall immediately notify the Director when the permit holder's liquid waste transporter registration issued by the Commission expires or is suspended or revoked; - 174 - (h) A permit holder shall ensure that all of the permit holder's employees collecting and transporting liquid waste in vehicles registered under the permit remain sufficiently knowledgeable of such vehicles and of the liquid waste facilities they service, so that they are able to collect and transport liquid waste in a safe and competent manner; and (i) The permit holder shall ensure that none of the vehicles registered under a permit exceed state weight limits while transporting liquid waste. Section 12.5-710. Permit Modification. (a) The permit holder may request a modification to the. permit during the permit year to register additional liquid waste transportation vehicles. (b) A request to register additional vehicles shall be made to the Director in a manner determined by the Director. (c) Additional vehicles shall be submitted to the Director for inspection, and shall meet the requirements of Section 12.5-706(i) . (d) The permit holder shall provide to the Director proof of liability insurance or self insurance for such additional vehicles in accordance with Section 12 .5-706 (f) . (e) Before the Director modifies the permit, the permit holder shall remit a permit fee for each additional vehicle in an amount set by the City Council. (f) All additional vehicles are subject to the requirements of this Article. (g) A permit modification shall not extend the term of the permit. Section 12.5-711. Transporter Responsibilities. (a) Before accepting a load of liquid waste, a transporter shall determine the nature of the liquid waste and whether the transporter's equipment is sufficient to properly handle the - 175 - transportation without spillage, leaks, or release of toxic, odorous or harmful gasses. Upon delivery of the waste to the disposer, the transporter shall inform the disposer of the nature of the waste. (b) A transporter pumping waste from a liquid waste facility shall remove one hundred percent (100%) of the contents of such facility. However, in the case of septic tanks, a small residual of sludge may be left for seeding purposes. (c) A transporter operating under a City permit shall not transport hazardous waste or Class 1 nonhazardous industrial solid waste in a vehicle registered under the permit. (d) A transporter operating under a City permit shall not commingle hazardous waste or Class 1 nonhazardous industrial solid waste with liquid waste. (e) A transporter shall not mix incompatible wastes within the same container. A transporter shall not use the same container or pumping equipment to collect or transport liquid waste which is incompatible with previously handled waste, without first emptying and cleaning the container and equipment. A transporter may mix wastes with different characteristics if the disposer to which the waste is being transported is authorized to store, process, or dispose of such mixed wastes. (f) A transporter shall handle and dispose of grease trap_ wastes or grit trap wastes commingled with septage at an authorized, licensed, disposal site. This waste shall not be disposed of in a Publicly Owned Treatment Works. (g) A transporter shall not operate a vehicle that fails to meet the requirements of Section 12.5- 706 (i) . (h) A transporter shall allow the Director and any peace officer to inspect vehicles registered under a permit, upon their request. (i) A transporter shall allow the Director and any peace officer to obtain samples of liquid waste from the transporter's vehicle, upon their request. 176 - (j) A transporter shall not empty liquid wastes into a generator's solid waste receptacles. (k) A transporter operating under a City permit shall use a manifest system book consisting of five-part trip tickets, purchased from the Director for a fee established by the City Council, in the following manner: (1) Each manifest system book shall be used exclu- sively for a single vehicle. (2) A transporter will complete one (1) trip ticket for each individual collection, with the exception of chemical toilet companies servicing their own units. Such companies shall be exempt from trip ticket requirements, but shall be required to submit to the Director a monthly total of volumes disposed of and the locations of such disposal, no later than the tenth (loth) day of the month following the month in which the disposal occurred. (3) The transporter shall sign the original part of a trip ticket and request the generator to do the same at the time of liquid waste collection. The transporter shall not remove liquid waste from the generator's premises until the generator 'signs the trip ticket. The transporter shall leave the first copy (yellow) of the trip ticket with the generator. (4) The transporter shall have the disposer sign the original part of the trip ticket at the time the waste is disposed of, and shall leave the second copy (pink) of the trip ticket with the disposer. (5) The transporter shall retain the third copy (green) of the trip ticket for the transporter's own records. (6) The transporter shall return the fourth copy of the trip ticket to the generator within fifteen (15) days after the waste is received at the disposal facility. - 177 (7) The transporter shall deliver to the Director all completed original trip tickets no later than the tenth (loth) day of the month following the month in which they were completed. (8) The transporter shall retain its copies of all trip tickets for a period of five years, and shall make such copies available to the Director, upon request, for inspection at all reasonable times. (1) A person commits an offense if the person engages in the transportation of liquid waste and fails to comply with any provision of this Section. Section 12.5-712. Suspension or Revocation of Permit. After notice and hearing the Director may suspend for up to six (6) months or may revoke a permit if the Director determines that: (a) The permit holder, a partner of the permit holder, a principal in the permit holder's business, permit holder's manager or operator, or an officer of permit holder: (1) has within the five (5) years preceding the date of the hearing been convicted of a misdemeanor that is punishable by confinement and/or by a fine exceeding $500.00, and which relates directly to the duty or responsibility in operating a liquid waste transportation business; or (2) has been convicted of a felony which relates directly to the duty or responsibility in operating a liquid waste transportation business; (b) The permit holder failed to comply with any of the permit conditions stated in Section 12.5-709; (c) The permit holder or an employee failed to use the manifest system book in compliance with this Article, or to maintain manifests for five years, or to allow the Director to inspect the manifests; 178 - (d) The permit holder or an employee improperly disposed of liquid waste; (e) The permit holder or an employee commingled liquid waste with hazardous waste or Class 1 nonhazardous industrial solid waste in a City-permitted vehicle; (f) The permit holder or an employee refused or failed to allow the Director or a peace officer to inspect a liquid waste transportation vehicle or obtain liquid waste samples from such vehicle; (g) The permit holder or any employee thereof, within the twelve months preceding the hearing, was convicted of violating this Article; or (h) The permit holder's liquid waste transporter registration issued by the Commission expired, or was suspended or revoked. Section 12.5-713. Generator Responsibilities. (a) A generator shall have liquid waste removed from its liquid waste facilities only by a transporter holding a valid permit issued by the Director to do SO. (b) Prior to liquid wastes being removed from its premises a generator shall determine whether the disposer who will be disposing of the waste is permitted or approved for such by the Commission. (c) A generator shall determine whether its liquid waste contains hazardous waste or Class 1 nonhazardous industrial solid waste, and shall not have hazardous wastes, Class 1 nonhazardous industrial solid waste, or hazardous wastes or Class 1 nonhazardous industrial solid wastes combined with liquid wastes removed from its premises by a transporter operating under a City permit. (d) Prior to a transporter leaving a generator's premises with a load of liquid waste, a generator shall sign the original of a City of Fort Worth trip ticket prepared by the transporter. (e) A generator shall keep a copy of all City of Fort Worth trip tickets for liquid waste collected from - 179 - equipment as necessary to ensure the proper operation and function of the liquid waste facilities. (h) A generator shall supervise the servicing of the generator's liquid waste facilities, and shall ensure that they are completely emptied by the transporter during such servicing. (i) A generator shall maintain records of liquid waste facility inspections for three .(3) years, and shall make such records available to the Director for inspection at all reasonable times. (j) A generator shall report all spills occurring during collection to the Director within 24 hours. v (k) A generator shall immediately clean up or cause to be cleaned up all spills of liquid waste and shall have the waste properly disposed of by a transporter. (1) A person commits an offense if the person is a generator of liquid waste and fails to comply with any provision of this Section or any order of the Director authorized by this Section. (m) A person commits an offense if the person is a generator of liquid waste and allows liquid waste that emits noxious odors or offensive odors, or that is creating an unsanitary condition or which is injurious to the public health to accumulate upon premises under the person's control. Section 12.5-714. Disposer Responsibilities. (a) A disposer shall sign the original of a City of Fort Worth trip ticket prepared by a transporter operating under a City permit for all liquid waste received on the disposer's premises from such transporter. (b) The disposer shall note any significant discrepancies on each copy of the trip ticket. (1) Trip ticket discrepancies are differences between the quantity of type of waste designated on the trip ticket, and the 181 quantity or type of waste a disposer actually received. (2) Significant discrepancies in type are -obvious differences which can be discovered by inspection or waste analysis. Significant discrepancies in quantity are: A. for bulk weight, variations greater than ten percent (10%) in weight; and B. for liquid waste, any variation greater than fifteen percent (15%) in gallons. (c) A person commits an offense if the person disposes of liquid waste in violation of subsection (a) or (b) this Section. (d) In order to retain City approval of its disposal site, a disposer shall comply with subsections (a) and (b) of this Section, and shall: (1) Maintain all valid federal, state, and local permits required to operate a disposal site; (2) Comply with all federal, state, and local laws pertaining to the operations of the disposal site; (3) Accept only those classes of liquid waste authorized under federal, state, and local laws; and (4) . -Dispose of liquid waste in accordance with federal, state, and local laws. Section 12.5-715. Additional Permit Holder Responsibilities. (a) A permit holder shall immediately notify the Director in writing when the liquid waste transportation business is sold or ceases to operate . (b) In addition to the written notification required in subsection (a) , the permit holder shall immediately deliver to the Director: 182 - (1) All completed original trip tickets in permit holder's possession; (2) All unused trip tickets in permit holder's possession; and (3) Permit holder's permit. (c) The permit holder shall remove the City registration number from all liquid waste transportation vehicles upon the sale or cessation of operation of the liquid waste transportation business. (d) A person commits an offense if the person has a permit to transport liquid waste and violates any provision of this Section. (e) A permit shall be invalid upon the sale or cessation of operation of a liquid waste transportation business. Section 12.5-716. Previously Issued Permits. All permits issued by the Director to liquid waste transporters pursuant to the predecessor of this Article shall remain valid until their expiration or until their revocation pursuant to the ordinance under which they were issued. [Sections 12.5-716 through 12.5-729 reserved] 183 DIVISION 3 . DISPOSAL OFFENSES Section 12.5-730. Interference with Grease Trap, Grit Trap, or Sanitary Sewer. A person commits an offense if the person causes or permits the plugging or blocking of, or otherwise interferes with or permits the interference of a grease trap, grit trap, or the sanitary sewer. Section 12.5-731. Bioremediation of Grease Traps. (a) A person commits an offense if the person introduces, or causes, permits, or suffers the introduction . of any bioremediation media into. a grease trap. (b) It is an affirmative defense to an enforcement of subsection (a) that the use of the bioremediation media had been approved by the Director, and the media and the use of the media met all criteria of subsection (c) . (c) Bioremediation media may be used with the Director's approval if the person has proved to the satisfaction of the Director that: (1) laboratory testing which is valid for the type of grease trap to be used has verified that: A. the media is a pure live bacterial product and does not contain any surfactants, emulsifiers, or substances which act as solvents for fat; and B. the media can perform 100% treatment/ digestion of oil and grease under controlled conditions in a set timeframe not to exceed two weeks;, and (2) the use of the media meets the following operational criteria: A. the volume of oil, grease, and water discharged to the sanitary sewer after use of the media will not exceed the volume of oil, grease, and water which would be discharged if the product were 184 - not being used and the grease trap were being properly maintained; B. the total mass of oil and grease discharged to the sanitary sewer after the use of the media will not exceed the discharge limits for oil and grease established in Article VI of this chapter. C. the total mass of oil and grease discharged after use of the media shall be determined by the hourly collection of 24 samples per day over a minimum two- week period prior to approval. D. the BOD, COD, and TSS discharged to the sanitary sewer after use of the media does not exceed: i. the BOD, COD, and TSS which would be discharged if the product were not being used and the grease trap were being properly maintained; and ii. the discharge requirements for BOD, COD, and TSS established in Article VI of this chapter. E. the pH of the discharge is not less than 5 nor greater than 12 . F. the use of the media does not reduce the buoyancy of the grease layer in the grease trap and does not increase the potential of oil and grease to be discharged to the sanitary sewer. G. the media is not destroyed by the use of domestic or commercial disinfectants and detergents, or by hot water. H. any waste pumped from the grease trap after use of the media is acceptable at disposal sites for grease trap waste. I. the use of the bioremediation media does not cause foaming in the sanitary sewer. 185 - (d) All testing designed to satisfy the criteria set forth in subsection (c) shall be scientifically sound and statistically valid. All tests to determine oil and grease, TSS, BOD, COD, pH, and other pollutant levels shall use appropriate EPA test methods. Testing shall be open to inspection by the Director, and shall meet the Director's approval. Section 12.5-731. Nuisances. (a) A vehicle transporting liquid waste which is leaking or spilling from such vehicle is hereby declared to be a nuisance. (b) Any premises upon which liquid waste has accumulated and which is emitting noxious or offensive odors, or which is creating an unsanitary condition, or which is injurious to the public health is hereby declared to be a nuisance. Section 12.5-732. Cross Reference to Other Restrictions in this Chapter. (a) Article III of this chapter prohibits the discharge of liquid waste into the municipal separate storm sewer system. (b) Article VI of this chapter regulates the discharge into the POTW of trucked or hauled septage and chemical toilet waste, and prohibits the discharge into the POTW of trucked or hauled industrial waste. (c) Article VI of this chapter prohibits discharges into the sanitary sewer which cause blockage, overflow, or interference, or which exceed discharge limitations. [Sections 12.5-732 through 12.5-799 reserved] 186 - ARTICLE VIII SOLID WASTE AND RECYCLING DIVISION 1. GENERAL PROVISIONS SECTION 12.5-800. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated. Collector means an employee of the City or of a City contractor who engages in the collection of solid waste for City customers. Director means the City's Director of City Services and the Directorts authorized representatives. Section 12.5-801. Administration and Enforcement. The Director of the Department of City Services and the Directorts authorized representatives are authorized to administer, implement, and enforce the provisions of this Article. Section 12.5-802. Operation of City Solid Waste Facilities. (a) City solid waste facilities and transfer stations are operated in accordance with the rules promulgated by the Commission, with a concern for protecting the environment and safeguarding the public health. Each site is operated in accordance with a site operating plan that reflects operational standards of the Commission and provides guidance to site management in the safe handling, transportation, and disposal of municipal solid waste. (b) The Director is authorized to determine disposal procedures, authorized users and methods of operation at City solid waste facilities and transfer stations. - 187 - (c) The Director is authorized to inspect all incoming wastes and reject materials which would in his judgment, be prohibited from disposal at the site, interfere with facility operation, create a nuisance by reasons of emission or disagreeable odor, or adversely affect the health, safety and welfare of facility operating personnel or the general public. Section 12.5-803. Special Waste Not Accepted. (a) No person shall place special waste for collection by the City or City contractors, nor dispose of special waste at City solid waste disposal facilities, except as provided by subsections (b) and (c) . (b) Tires, dead animals, pesticide containers, and asbestos-containing materials may be accepted as follows: (1) Fort Worth residents may bring a used or scrap tire that is an incidental part of a load of household garbage and rubbish to the City landfill. Truckloads of tires shall not be accepted. The Director shall have the right to refuse to accept any tire or load of tires. (2) A dead animal weighing less than five (5) pounds may be deposited at the City landfill or placed for household garbage and rubbish collection if it is first wrapped securely in _newspaper, which is then taped or tied to prevent it from opening; placed in a disposal bag of the type approved by the Director; and labeled as to its contents. The Director has the right to refuse any dead animal that might pose a health risk to the Collector or the general public. (3) Pesticide (insecticide, herbicide, fungicide, or rodenticide) containers shall be triple rinsed and rendered nonusable before being placed for collection, unless the type of container makes such preparation not feasible. The Director has the right to refuse any pesticide containers. 188 - (4) RACM may be accepted for disposal at the City landfill with the prior permission of the Director, provided the landfill has been authorized by the Commission to accept RACM. Non-RACM may be accepted for disposal at the City landfill with the prior permission of the Director. The Director has the right to refuse any asbestos-containing materials. (c) The City of Fort Worth may dispose of or arrange for the disposal of its municipal wastewater treatment plant sludges/grit and water-supply treatment plant sludges/grit at City solid waste disposal facilities. (d) The .Director may establish other restrictions on the disposal of solid waste at City solid waste facilities. If such other restrictions are established, the Director shall post and maintain signs stating such restrictions. The signs shall be posted at all affected facilities and shall be clearly visible to a reasonable person. (e) A person commits an offense if the person places special waste for collection by the Collector or disposes of special waste at a City solid waste disposal facility. (f) It is a defense to an enforcement action brought for a violation of subsection (e) that the person disposed of special wastes at a City solid waste disposal facility while acting as a Collector engaged in collection services for City customers and- had no knowledge that a container held waste prohibited by this Section. Section 12.5-804. Vehicles at City Solid Waste Facilities. (a) Motor vehicles hauling solid waste into City solid waste facilities or transfer stations shall be properly covered or otherwise secured to prevent such waste from spilling, leaking, or blowing from the vehicle. (b) A person commits an offense if the person operates a motor vehicle at a City solid waste facility or transfer station in violation of subsection (a) . 189 - Section 12.5-805. Assumption of Risk of Injury at City Solid Waste Facilities. Any person entering upon a City solid waste facility for any purpose shall be conclusively presumed to know and appreciate the hazards and the extent of the damage which accompanies the accumulation of scrap wood, glass, nails, trash, brush, garbage and waste of every description and the use of trucks, vehicles and heavy machines to move, remove, bury and dispose of same, and every person entering upon such site shall be conclusively presumed to have assumed the risk of injury connected with or resulting from such hazards and danger by his action in entering upon such site, and for and in consideration of the permission granted by the City of Fort Worth to enter upon such every person shall covenant not to sue, and to indemnify, save harmless and defend the City of Fort Worth, its agents, officers or employees, from and against any and all claims of any nature whatsoever for injury or damage to person or property, whether real or asserted, arising out of or resulting from the entry by such person upon any City solid waste facility. Section 12.5-806. Waste Containers Required. (a) Every owner, occupant or tenant occupying or using any structure within the City shall provide and maintain waste containers of sufficient number and size to hold the garbage and rubbish that accumulates on such premises between regular collection days. (b) Waste containers shall be leakproof, constructed of substantial material, have a tight fitting lid or cover, and be maintained in good condition. If stored outdoors, they shall also be weatherproof. (c) Waste containers shall be kept secure and fastened with lids or covers in place at all times to prevent access to their contents by insects, rodents, and other animals, to minimize fire hazard, and to prevent accumulation of water and scattering of litter. When containers deteriorate so as to become nonleakproof or otherwise hazardous to persons or property, they shall be replaced. (d) A person commits an offense if the person maintains waste containers in violation of this Section. [Sections 12.5-807 through 12.5-820 reserved] 190 - DIVISION 2. HOUSEHOLD COLLECTION Section 12.5-821. Preparation of Household Waste for Collection. (a) All household garbage, rubbish and other solid waste placed for collection by the City or City contractors shall be prepared as follows: (1) Disposable bags Household garbage and rubbish shall be placed in disposable bags (no cans) constructed of plastic or paper that are designed specifically to hold household garbage and rubbish. The Director shall have the authority to require substitution if it is reasonably determined that the type of bag used is inadequate for the intended service. A. Bags shall be leakproof, weatherproof and of sufficient strength to resist tearing under normal handling. B. Bags shall not exceed thirty (30) gallons in capacity and shall not exceed fifty (50) pounds when loaded. C. Bags shall be tied securely with wire, twine or tape when placed for collection. (2) Garbage carts In order to protect the public health, ensure crew productivity, and maintain neighborhood appearance, the use of garbage cans and racks shall be prohibited except when approved by the Director. The Director may approve the use of garbage racks or carts when, under certain controlled conditions, the use of such equipment is in the best interest of overall neighborhood cleanliness. When approved by the Director: A. Racks and carts shall be mobile and maintained in good repair; they shall not impede crew productivity; and they shall contain only one-way containers (bags) . 191 - B. Racks or carts shall be placed at the front curb line no later than 7:00 a.m. on the scheduled collection day, and no earlier than 6:00 p.m. on the day preceding the scheduled collection day. All garbage racks, carts, and stands, including recycling containers, shall be removed from the front curb line, and from public sight, after being emptied or by 7:00 p.m. of the collection day, whichever is latest. (3) Cardboard boxes A. Cardboard boxes may be used as recep- tacles for grass clippings, leaves, and other yard debris, only if such boxes are weatherproof and securely closed to prevent blowing, spilling and scattering of the materials contained therein. B. Boxes, when loaded, shall be of a size, type and weight that can be readily handled by one person and placed in the collection vehicle. C. Boxes shall not exceed four (4) feet in the greatest dimension. D. When cardboard boxes alone are placed for collection, they shall be broken, flattened and tied in bundles not to exceed four (4) feet in the greatest dimension. E. Boxes, when loaded or when alone and tied in bundles, shall not weigh more than fifty (50) pounds. (4) Bundling of brush for regular household garbage and rubbish collection A. Brush collected during regular household garbage and rubbish collection, rather than during scheduled brush and bulky waste collection, shall be placed in bundles securely tied with no fewer than two (2) bands of wire or twine. - 192 - B. Each bundle shall not exceed thirty (30) pounds nor exceed four (4) feet in the greatest dimension. Each bundle shall be of a size, type and weight so that it can be readily handled by one person when picked up and placed in the collection vehicle. (5) Materials for household brush and bulky waste collection All tree trimmings and limbs shall be no more than eight (8) feet long. All materials to be collected shall be placed neatly and in as tight a stack as possible to facilitate machine loading at a point adjacent to the front curb and away from obstructions. (6) Injurious material Broken glass, animal excrement, hypodermic needles, sawdust, ashes and materials that may cut the Collectors or blow into their eyes during loading shall be wrapped securely and labeled as to their contents, so as to protect the Collector from injury and disease. (7) Dead animals Dead animals weighing less than five (5) pounds shall be wrapped in accordance with Section 12.5-803 (b) (2) . (8) Ashes All ashes shall be allowed to stand until cold before being placed in containers for collec- tion. (9) Liquids All refuse that is mixed with liquids and all containers of liquids shall be drained before being placed for collection. (10) Household chemical containers Containers which held household chemicals shall be triple rinsed before being placed for collection. - 193 (b) A person commits an offense if the person places waste for collection that has not been prepared as required by this Section. Section 12.5-822 . Recyclables. (a) In order to help the State of Texas achieve its recycling goals, in order to reduce the amount of material deposited at the City's landfills and thereby extend the life of such landfills, and in order to reduce the amount of virgin materials being used in manufacturing, the City of Fort Worth strongly encourages its citizens to participate in the City's household recycling program. (b) The City may accept the .following materials to be recycled: (1) Newspapers; (2) Plastic soft drink bottles with green, dark or clear bottoms; plastic milk, juice, and water jugs; plastic laundry detergent containers; and other plastics with the designation of 1PETE or 2HDPE on the 'bottom, (except for toys, plastic bags, dishes or plastic parts, or mustard, ketchup, peanut butter, cooking oil, hand lotion, pesticide, weed killer or paint containers) ; (3) Aluminum and tin cans; and (4) Clear, green and brown glass, (except for window glass, auto glass, ceramics, china, light bulbs, and broken glass) . (c) The Director is authorized to add and delete materials to subsection (b) as the market for recyclables changes. (d) Recyclables shall be prepared for collection as follows: (1) Newspapers shall be placed in plastic or paper bags, and shall not be tied in bundles. Newspapers shall not be placed for collection on days when rain is likely. Newspapers shall be placed on top of the recycling container; - 194 (2) Plastic containers shall be rinsed and their caps and rings removed; (3) Aluminum and tin cans shall be rinsed; and (4) Glass containers shall be rinsed and their caps and rings removed. (e) The Director is authorized to amend preparation requirements for recyclables in accordance with market variables. (f) A person commits an offense if the person removes or causes the removal of recyclables from a recycling container placed for collection. (g) It is an exception to an enforcement action brought. for a violation of subsection (f) that the person was a member of the household that placed the recyclables for collection, or the Collector engaged in household collection service. (h) A peace officer acting in his or her official capacity is exempt from subsection (f) . Section 12.5-823. Household collection Service. (a) The owners or occupants of single-family residences, duplex residences, garage apartments, and mobile homes or trailers occupied as dwelling units, shall be required to use City household collection services. Occupants of such premises may__remove and transport their own solid waste, but shall receive no credit on their accounts for doing SO. (b) The use of City collection services shall be optional for: (1) multi-family dwelling buildings and complexes containing three (3) or more dwelling units; and (2) and for any mobile home park whose drinking water supply is provided by well water or is provided by the City through a common meter. (c) Individual customers may choose between curb service and Collector carry-out service for - 195 - household garbage and rubbish collection and recycling collection. The Director shall have the authority to designate the location for collection, with consideration for such factors as: convenience for the Collector; convenience for customers; hazardous conditions such as cables, utility poles, equipment clearance, and animals; and collection costs. Waste shall be placed for collection as follows: (1) Curb service ,Household garbage and rubbish shall be prepared for collection as required by Section 12 .5-821, and placed for collection at the front curb of the dwelling. Recyclables shall .be prepared for collection as required by Section 12 .5-822 or order of the Director, and placed at the front curb of the dwelling in the recycling container. Household garbage and rubbish and recyclables shall be placed for collection no later than 7:00 a.m. on a customer's scheduled collection day, and no earlier than 6:00 p.m. on the day before the scheduled collection day. Recycling containers shall be removed from the front curb line, and from public sight, after being emptied or by 7:00 p.m. of the collection day, whichever is latest. (2) Collector carry-out service Household garbage and rubbish shall be prepared for collection as required by Section 12 .5-821 and placed at a point adjacent to the dwelling. Brush, tree trimmings, grass clippings, and leaves shall be prepared as required by Section 12.5-821 and placed for collection at the front curb of the dwelling no later than 7:00 a.m. on a . customer's scheduled day, and no earlier than. 6:00 p.m. on the day before the scheduled collection day. Recyclables shall be prepared as required by Section 12.5-822 and placed at a point adjacent to the dwelling. (d) Brush and Bulky Waste Collection (1) Household brush and bulky waste collection will be provided at no extra charge to each 196 household collection customer except multi- family dwellings. Such service shall be provided no more often than once per month. (2) Only household brush and bulky waste as defined in this Article and that is prepared as required by Sections 12 .5 - 821 will be collected. Earth and construction materials shall not be collected. (3) These materials shall be placed for collection at the front curb of the dwelling no later than 7:00 a.m. on the first day of a customer's scheduled collection cycle, and no earlier than seven days before the start of the scheduled collection cycle. (4) Materials placed for collection shall not be placed near overhanging power lines or tree limbs, utility meters or poles, sprinkler sys- tems, parked vehicles, fences, mailboxes or other obstructions. Materials shall not be placed on roadways or on sidewalks. (e) Special Collection Services At the request of a customer, and based upon the availability of personnel and equipment, the Director may provide unscheduled collection of household garbage and rubbish and of household brush and bulky waste to City customers. The Director shall charge the customer for such services based upon the rates in Section 12 .5 - 843 (b) . Brush and bulky waste collection may also be provided for multi-family dwellings and commercial premises for a fee. (f) A person commits an offense if he places waste for collection in violation of this section. [Sections 12.5-824 through 12.5-829 reserved] - 197 - DIVISION 3 . COMMERCIAL SERVICES Section 12.5-830. commercial collection service. (a) Commercial premises, business premises, houses used for non-residential purposes, and multi-family dwelling buildings and complexes may use City commercial collection services for the collection of commercial garbage and rubbish. (b) Waste placed for hand-loaded City commercial collection service shall be prepared in the manner required for household garbage and rubbish in Section 12.5-821 (a) (1) , (6) , (7) , (8) , (9) , and (10) . Waste shall be placed for collection at the front curb. of the premises, or other place designated by the Director, no later than 7: 00 a.m. on a customers scheduled collection day and no earlier than 6:00 p.m. on the day before the scheduled collection day. (c) A person commits an offense if the person places waste for collection in violation of this Section. (d) The Director may furnish customers with commercial waste containers for the collection of commercial garbage and rubbish by the - City or City contractors. Section 12.5-831. Commercial Waste Containers. (a) Every person who uses commercial waste containers, for City or private collection services, shall maintain such containers in good mechanical condition and shall repair such containers when necessary. Except while being cleaned, the drain plugs of such containers shallbe secured in the drain holes to prevent leaking. (b) Every person who uses commercial waste containers, for City or private collection services, shall cause such containers to be emptied a minimum of once every seven (7) days. The Directors of the Departments of City Services, Health, and Environmental Management, and their authorized representatives, may when necessary to safeguard the environment or the public health, safety, or - 198 - welfare, order users of commercial waste containers: (1) to empty the containers more often than weekly; (2) to increase the number of commercial waste containers on their premises; and (3) to increase the size of the commercial waste containers used on the premises. (c) Every person who uses commercial waste containers shall have such containers emptied as often as necessary to prevent their contents from overflowing or causing offensive odors, and shall be responsible ,for cleaning the interior surfaces of such containers as often as necessary to keep the surfaces free of garbage and other organic material. (d) Every person who uses commercial waste containers for the disposal of putrescible waste or who is in control of the premises where such containers are located, shall keep all lids and doors of such containers securely closed at all times, except when being emptied or filled. All putrescible waste shall be placed in plastic bags which have been tied or otherwise secured, prior to being placed in such containers. (e) Every person who owns or who contracts for the use of a commercial waste container, shall have the container placed on his premises in a position where the doors and lids will not be obstructed when being opened or closed, and where the container may be freely serviced or emptied. (f) A person commits an offense if the person uses, maintains,. or, places . a commercial waste container in violation of this section. (g) A person commits an offense if the person violates a written order issued pursuant to subsection (b) . (h) A person commits an offense if the person removes material from a commercial waste container that has been placed in such container for collection. 199 - (i) It is an exception to an enforcement action brought for a violation of subsection (h) that the person owned or leased the container, or was the collection contractor responsible for emptying it. (j) A peace officer acting in his or her official capacity is exempt from subsection (h) . Section 12.5-832. Nuisance Caused by Commercial Waste container. A commercial waste container that is maintained, emptied, or located in violation of Section 12.5-831 and which endangers the public health, safety or welfare, is hereby declared to be a public nuisance. [Sections 12.5-833 through 12.5-839 reserved] 200 1 DIVISION 4. DEPOSITS, RATES, AND COLLECTION Section 12.5-840. Deposits. (a) Household collection service customers shall be required to make a minimum deposit of fifteen dollars ($15.00) prior to the start of service. (b) Commercial collection service customers shall be required to make a minimum deposit of twenty-five dollars ($25. 00) prior to the start of service. (c) The Director is authorized to require a larger deposit from any customer when, in his judgment, the larger amount- -is necessary to ensure that the City is protected against loss for non-payment of services. (d) The Director may refund deposits as an account credit to household collection service customers whose accounts show no delinquent payments for a period of twelve (12) consecutive months. Section 12.5-841. Billing. (a) Household and commercial customers shall be billed for services on their monthly water bills, according to the rates established by the City Council. (b) No refunds of payments or credit for household collection service will be made for occupied residences or residences that have City water service. (c) Household and commercial customers who have been charged the incorrect rate for collection services may be credited for up to six (6) months of overcharges. The credit given will be the difference between the correct monthly rate and the monthly rate actually charged and paid, multiplied by the number of months involved to a maximum of six (6) months. No credit will be given for overcharges that are more than twelve months old. (d) Household and commercial customers shall not receive refunds or credits for regular collections not made due to holidays, inclement weather, - 201 - emergencies, missed collection, or any other reason except as set forth in subsection (c) . No proration of fees shall be made for partial months of service. Section 12.5-842. Delinquent Accounts. (a) The owner, occupant or tenant of any premises receiving City household or commercial collection services shall be responsible for the payment of the fees incurred for such premises for services under this Article. (b) When an account becomes delinquent, the Director may send the customer a second bill. If the account is not brought current within ten (10) days of the date of the second billing, the City may suspend all City-provided utility services until payment is made in full. The Director is authorized to remove all City-provided commercial waste containers from a delinquent customer's premises. (c) After the City has terminated a customer's service for nonpayment, the Director may file a lien against the property that received the services in the amount of the delinquent fee. A lien may not be filed against any property that is protected as a homestead by the Texas Constitution. (d) A notice of lien authorized by this Section shall be filed in the real property records in the county in which such property is located. The lien shall contain a legal description of the property and the collection service account number. (e) The Director may add the amount of the lien filing fee to the lien. The lien shall bear ten percent (10%) per annum interest. (f) A lien filed pursuant to this Section is inferior to a bona fide mortgage lien that is recorded before the recording of the City's lien. The City's lien is superior to all other liens including previously recorded judgment liens and any liens recorded after the City's lien. (g) The authority of the Director to impose liens on real property for nonpayment of collection service - 202 - fees does not apply to property which has been properly declared rental property pursuant to this subsection. (1) The owner of any property which is rented to another person may declare such property to be rental property not subject to lien if the collection service account is in the name of the tenant. (2) The declaration shall be in writing, specifically naming the service address, declaring such to be rental property, and declaring that the owner does not wish such property to be used as security for collection services provided by the City. (3) The declaration of rental property shall be valid only so long as the person making the declaration owns the property, and rents the property to another, and the tenant has collection services provided in his name. An owner may revoke a declaration at any time by notifying the City in writing. (h) A lien shall not apply to the collection services provided to the tenant prior to the effective date of this section, nor shall it apply to collection services provided a tenant in the tenant's name after a declaration is filed by the property owner. (i) A lien may be appealed, modified, and released as follows: (1) Within thirty (30) days after filing a lien pursuant to this Section, the Director shall give notice to the property owner and the account holder that such a lien has been filed on the property. Notice shall be delivered by certified mail, return receipt requested. (2) Within thirty (30) days after receiving notice, the property owner may appeal the filing of the lien to the Director in writing. The Director may hold a hearing on the matter or may make a decision based upon the property owners written appeal. (3) The Director shall authorize the release of the lien if the property owner shows by a 203 preponderance of the evidence that no bill for collection services to the property is owing or that at the time the lien was filed the property was protected as a homestead under the Texas Constitution. (4) The Director may modify or release the lien to reflect the true amount of delinquency in payment for collection services to the property if the owner proves by a preponderance of the evidence that a lesser bill is owing than that alleged by the lien. (5) The person last listed on the County tax rolls as being the owner of the subject property shall be presumed to be the owner for purposes of this subsection, and the address listed for the owner on the County tax records shall be presumed to be the address of the owner. (6) Whenever a person pays all interest, principal, and filing fees of a lien validly filed pursuant to this section, the Director shall execute a release of that lien and surrender it to the paying party. The City shall not be responsible for filing the release. Section 12 .5-842 . Rates. (a) The City Council shall by ordinance set rates for collection services provided for by this Article. (b) The Director shall charge customers rates pursuant to such schedules. Section 12 .5-843. Environmental Protection Fee. (a) A separate fee at a rate established by the City Council by ordinance shall be charged to persons within the City for solid waste disposal services as authorized by Texas Health and Safety Code, Section 364. 034. Such fee shall be assessed to each customer per service address and included on the monthly water bill. Such fee shall be in addition to any fees for other services regulated by this Article, and shall be shown as "environmental protection fee. " - 204 - (b) Pursuant to Texas Health and Safety Code, Section 361. 013 (g) , any revenues generated by the fee which have accrued or which may accrue in the future, shall be used for disposal or environmental programs or services that are required by state or federal mandates. (c) The payment of a fee charged under this Section does not relieve any person of the duty to comply with applicable environmental laws, regulations, codes and ordinances. The City may enforce such laws, regulations, codes and ordinances against a person who has paid such fee and may seek legal or equitable relief against such person, including but not limited to recovery of the City Is abatement, cleanup and protection costs. [Sections 12.5-844 through 12.5-849 reserved] 205 - DIVISION 5. PRIVATE COLLECTORS Section 12.5-850. Permit Required. (a) No person shall within the City of Fort Worth engage in the business of collecting or transporting municipal solid waste produced in the city without a permit issued by the Director. (b) A person commits an offense if the person collects or transports municipal solid waste in violation of subsection (a) . (c) The City and City employees engaged in collection for the City are exempt from this Division. Section 12.5-851. Permit Application. (a) A person required to have a permit under this Division shall submit an application to the Director on a form prescribed by the Director. (b) At a minimum the application shall include: (1) the name, address, and telephone number of the applicant; (2) the trade name under which the applicant does or proposes to do business; (3) the number of vehicles the applicant desires to operate, and the class, size, and design of each vehicle; (4) a list, including disposition, of all civil, criminal, and administrative proceedings brought against applicant by the EPA, the Commission and its predecessor agencies, any district or county attorney in Texas, or the Texas Attorney General for any violation of environmental laws; (5) whether the applicant or any person with whom he has been associated or employed have a claim or judgment against them for damages resulting from the negligent operation of a vehicle; - 206 - (6) the nature and character of the service the applicant proposes to render, and the experience he has in rendering such service; (7) the customers for whom he proposes to render such service; and (8) any other information the Director believes is relevant to the applicant's fitness to render such service. Section 12.5-851. Issuance of Permit. (a) After receiving a permit application, the Director shall make such investigation as he considers necessary to determine whether the public convenience and necessity warrant the granting of the permit. (b) The Director shall determine whether the applicant is a fit, and proper person to perform such services, and may require the applicant to furnish additional information to assist the Director in that determination. (c) The Director may also require the applicant to furnish information as to the financial responsibility of the applicant in the event of claims against him for death or injuries to persons or damage to property by reason of the negligent operation of vehicles used in providing solid waste collection and transportation services. (d) If the Director is satisfied that the applicant meets the requirements of this Division, is a competent and responsible person, and has adequate equipment to perform such type of work, he shall issue a permit. (e) If the Director determines that there is cause to deny a permit, he shall notify the applicant of same in writing and delivered by certified mail, return receipt requested to the address listed on the application. The applicant may appeal the denial pursuant to Section 12 .5-119 of this chapter. 207 - Section 12.5-852. Permit Fees and Term. (a) A permit issued pursuant to this Division is valid for up to one (1) year, but shall expire on the 30th day of September each year. A permit shall not be transferrable. (b) Each permit holder shall pay to• the City an annual permit fee, with an additional fee for each vehicle in excess of one, in an amount set by the City Council. Section 12.5-853. Suspension or Revocation of Permit. After notice and hearing pursuant to Section 12. 5-119 of this chapter, the Director may suspend for up to six months or may revoke a permit if he determines that: (a) The application contained a false statement of a material fact; (b) The permit holder or an employee, agent, or officer of the permit holder has been convicted of a felony or within the past five years been convicted of a misdemeanor punishable by confinement and/or a fine exceeding $500. 00, for a violation of the Texas Solid Waste Disposal Act, the Texas Litter Abatement Act, the Resource Conservation and Recovery Act, or any other environmental law applicable to the collection, transportation, and disposal of solid waste; or (c) the protection of the health, safety, or general welfare of the residents of the City necessitates such action. [Section 12.5-854 through 12.5-899 reserved] SECTION 2. 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 provisions of such ordinances and such - 208 - Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. 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. SECTION 4. 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 5. 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 in Section 1, which have accrued at the time - 209 - 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 6. The City Secretary of the City of Fort Worth, Texas is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 4 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 S. This ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained. 210 - APPROVED AS TO FORM AND LEGALITY: SS AN CI ATTO E DATE: :� ADOPTED: EFFECTIVE: 211 City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 11/28/95 G11314 52CODE 1 of 3 SUBJECT I ORDINANCE ADOPTING NEW ENVIRONMENT CODE RECOMMENDATION: It is recommended that the City Council: 1. Approve the attached ordinance amending the current City Code by repealing Chapter 14 in its entirety and those portions of Chapters 16, 18, 20, 22, and 35 relating to the environment and establish Chapter 12.5 entitled "Environmental Protection and Compliance," and 2. Approve the included fee schedule for the Department of Environmental Management. DISCUSSION: In an effort to be responsive to the needs of business, industry and citizens, the City of Fort Worth has consolidated its environmental regulations into one document. This unique project, begun at the request of the Fort Worth Chamber of Commerce, took over two years' work by the City's Departments of Environmental Management, Water, City Services, and Law. The result is a document that protects the City's inhabitants and their water, air, and land resources, while being user friendly. Article I of the code contains general provisions, including definitions, formally establishes the Department of Environmental Management, defines the enforcement options which are available to the Departments of Environmental Management, Water, and City Services, and provides for the installation of monitor wells in City rights-of-way by adjacent property owners to monitor the migration of contaminants from their land. Article II regulates air quality by adopting the state's air quality regulations and empowering the Department of Environmental Management to enforce the Texas Clean Air Act. Article III, which regulates the quality of stormwater runoff, is administered and enforced by the Department of Environmental Management. Once the Environmental Protection Agency (EPA) issues a National Pollutant Discharge Elimination System (NPDES) permit to the City for the discharge of stormwater into waters of the United States, the City will be required to enact and enforce additional regulations. This Article also establishes requirements for power washers that previously have not been included in the City's Code. Article IV protects groundwater and surface water quality by authorizing the Department of Environmental Management to inspect dischargers in accordance with the Texas Water Quality Control Act. 0 Primed on recycled paper City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 1 1/28/95 G11314 52CODE 2 of 3 SUBJECT I ORDINANCE ADOPTING NEW ENVIRONMENT CODE Article V protects the quality of the City's drinking water through regulations for Lake Worth and cross connections. This article will be enforced and administered by the Water Department and the Department of Environmental Management. The cross connection regulations, required by state law, represent a major update of current City regulations. Article VI regulates the discharge of industrial wastewater into the City's sewer system. This heavily rewritten portion is based largely on the EPA's model industrial wastewater ordinance, and is required by the City's NPDES permit to discharge effluent from its wastewater treatment plants into the waters of the United States. This article, which will be administered by the Water Department, is geared to protect the City's system of sewer pipes and wastewater treatment plants as well as the receiving waters. Article VII regulates the transportation of grease trap, grit trap, septic tank, and portable toilet waste. Persons who pump waste from these tanks and transport the waste for disposal are required to be permitted by the Water Department, and to complete "trip tickets" to document that the waste was properly disposed. The disposal of solid waste in the City is regulated by Article Vlll, which will be administered and enforced by the Department of City Services. The proposed Environment Code was released for public comment from May 22, 1995 through September 5, 1995. A public hearing was held on August 7, 1995. Comments received from industry, business and citizens were addressed and responded to on October 2, 1995. Provisions in the Code establish certain fees but actual rates were not included as part of the Code and are to be approved separately by Council. The following fee schedule will be used by the Department of Environmental Management: Environmental samplings only, Per agreement $100.00 Monitor well installation (including additional samplings): Per agreement for 1-3 wells $250.00 Per each well in excess of 3 $100.00 City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 1 1/28/95 G11314 1 52CODE 3 of 3 SUBJECT I ORDINANCE ADOPTING NEW ENVIRONMENT CODE Mobile commercial cosmetic cleaning Permit for cosmetic cleaning (One permit per business) $ 25.00 Registration certificate (Per vehicle) $ 25.00 FISCAL INFORMATION/CERTIFICATION: The Department of Environmental Management is responsible for collection of funds due the City upon approval of this fee schedule. MG:a Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 CITY Originating Department Head: C1 f Y CouNc f Ed Sierra 6102 ) Aifl�f ` � Ig g5 (from) For Additional Information =d Contact: 4,161rwit . Ed Sierra 6102 {�j Printed on recycled paper