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HomeMy WebLinkAboutOrdinance 6185 ORDINANCE NO, r2I AN ORDINANCE REGULATING THE DISCHARGE OF IN- DUSTRIAL WASTE INTO TH- SANITARY SEWERAGE SYSTEM AND THE STORM DRAINAGE SYSTEM OF THE CITY OF FORT WORTH BY AMENDING SECTIONS 29- 113 AND 29-114 OF CHAPTER 29 OF THE FORT WORTH CITY CODE (1964) ; DEFINING TERMS; RE- QUIRING CONTROL MANHOLES; PROVIDING FOR PERMITS FOR DISCHARGING INDUSTRIAL WASTE INTO A PUBLIC SEWER; AUTHORIZING DISCONNEC- TION OF WATER AND/OR SANITARY SEWER SERVICE TO PERSONS VIOLATING THIS ORDINANCE; PRO- VIDING FOR INSPECTION AND SAMPLING OF IN- DUSTRIAL WASTE; PROHIBITING THE DISCHARGE OF CERTAIN LIQUID WASTES INTO PUBLIC SEWERS; REQUIRING PRETREATMENT OF CERTAIN INDUSTRIAL WASTES; PROVIDING AN ABNORMAL SEWAGE SUR- CHARGE; AUTHORIZING THE DIRECTOR OF THE WATER DEPARTMENT TO DETERMINE THE SUFFICIENCY OF PRETREATMENT; MAKING THIS ORDINANCE CUMU- LATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1, That Section 29-113 of Chapter 29 of the Fort Worth City Code (1964) is hereby amended and, after having been so amended, shall hereafter read as follows: Sec, 29-113. Regulations governing industrial wastes. 1. DEFINITIONS. When used in this Section, these terms shall be defined as follows: Abnormal Sewage. The term Abnormal Sewage shall mean any industrial waste having a suspended solids or B.O.D. content in ex- cess of that found in normal sewage but which is otherwise acceptable into a public sewer under the terms of this Code. B,D,D, (Denoting Biochemical Oxygen Demand) , By the term B.O.D. (Denoting Biochemical Oxygen Demand) is meant the quantity of ox- ygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure as specified in "Standard Methods" in five days at 20 degrees Centigrade ex- pressed as parts per million by weight (mil- ligrams per litre) , B4O,D, Strength Index. By the term B.O.D. Strength Index is meant the measure of the biochemical oxygen demand content of sewage in parts per million (milligrams per litre) , Cooling Water, By the term Cooling Water is meant the water discharged from any sys- tem of condensation such as air condition- ing, cooling or refrigeration, Cooling Water shall not be discharged into any public sewer unless it is unpolluted and below 1500 Fahr- enheit. Director, By the term Director is meant the Superintendent of the Fort Worth Water Works Department, or his authorized representative, Garbage. By the term Garbage is meant solid waste from domestic or commercial preparation, cooking or dispensing of food or from the handling, storage and sale of produce, Industrial Waste. By the term Industrial Waste is meant any and all liquid or water- borne waste from industrial or commercial processes and does not include domestic sewage, Industrial Waste Permit, By the term Indus- trial Waste Permit is meant a permit to de- posit or discharge industrial waste into any sanitary sewer in the City, Abnormal Sewage Surcharge. By the term Ab- normal Sewage Surcharge is meant the charge levied against any person for services rendered during treatment of abnormal sanitary sewage or waste. This charge is intended to partially defray the added cost of transporting and treat- ing abnormal sewage or waste. This charge shall be in addition to the usual monthly charge for sanitary sewerage service. -2- Normal Sewage. By the term Normal Sewage is meant sewage which, when analyzed., shows by weight a daily average of not more than 2500 pounds per million gallons (300 parts per million) of suspended solids and not more than 2500 pounds per million gallons (300 parts per million) of B.O.D. , and which is otherwise acceptable into a public sewer under the terms of this Code. Owner or Occupant. By the term Owner or Occupant is meant the person, firm or public or private corporation, using the lot, par- cel of land, building or premises connected to and discharging sewage, industrial waste- water or liquid, into the sanitary sewage system of the City, and who pays, or is le- gally responsible for the payment of, water rates or charges made against the said lot, parcel of land, building or premises, if connected to the water distribution system of the City of Fort Worth, or who would pay or be legally responsible for such payment if so connected. Person. By the term Person is meant any individual, business entity, partnership, corporation, governmental agency or polit- ical subdivision. pH. By the term pH is meant the logarithm of the reciprocal of the weight of hydrogen ions, in grams per litre of solution, mea- sured and calculated in accordance with "Standard Methods". Polluted Water or Waste. By the term Pol- luted Water or Waste is meant any water or liquid waste containing any of the following: Phenols or other substances to an extent im- parting taste and odor in receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; noxious or odor- ous gases; more than 10,000 parts per million, by weight, of dissolved solids, of which more than 2500 parts per million are chloride; more than 10 parts per million each of sus- pended solids and/or B.O.D. ; color exceeding 50 parts per million; or having a pH value of less than 5.5 or more than 10.0; and/or any water or waste not approved for discharge into a stream or waterway by the appropriate State authority. -3- Public Sewer. By the term Public Sewer is meant any publicly owned sanitary sewer, storm drain or water course. Properly Shredded Garbage. By the term Properly Shredded Garbage is meant garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally pre- vailing in public sewers, with no particle greater than 1/2-inch in any dimension. Sanitary Sewer. By the term Sanitary Sewer is meant a publicly owned pipe or conduit designed to collect and transport industrial waste and domestic sewage. Sewage Treatment Plant. By the term Sewage Treatment Plant is meant any arrangement of devices or structures used for treating sewage. Abnormal Sewage Permit. By the term Abnor- mal Sewage Permit is meant a permit approved by and received from the Director permitting the discharge or deposit of abnormal sewage into a sanitary sewer upon payment of a sur- charge. S.S. Strength Index. By the term S.S. Strength Index is meant the measure of the suspended solids content of sewage in parts per million (milligrams per litre) . Standard methods. By the term Standard Methods is meant "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Associa- tion, American Waterworks Association and the Water Pollution Control Federation, 12th Edi- tion, Second Printing, March, 1966. Strength Index. By the term Strength Index is meant both the biochemical oxygen demand index and the suspended solids strength index. Suspended solids. By the term Suspended Solids is meant solids that either float on the sur- face of, or in suspension in, water, sewage or other liquid and which are removable by laboratory filtering. -4- Unpolluted Water or Waste. By the term Un- polluted Water or Waste is meant any water or liquid waste containing none of the follow- ing: Phenols or other substances to an extent imparting taste and odor in receiving waters; toxic or poisonous substances in suspension colloidal state or solution; noxious or odor- ous gases; not more than 10,000 parts per mil- lion, by weight, of dissolved solids, of which not more than 2500 parts per million are chlo- ride; not more than 10 parts per million each of suspended solids and B.O.D, ; color not ex- ceeding 50 parts per million, nor a pH value of less than 5.5 nor higher than 10.0; and/or any water or waste approved for discharge into a stream or waterway by the appropriate State authority. Wastewater. By the term Wastewater is meant water that has been used by and discharged from an industry, commercial enterprise, house- hold or other water consumer, which water may be either polluted or unpolluted. 2. CERTAIN WASTE PROHIBITED IN PUBLIC SEWERS, (a) It shall be unlawful for any person to dis- charge or cause to be discharged any pol- luted water or corrosive waste into any storm drain or water course within the City. (b) No person shall discharge or cause to be discharged any storm water, ground water, roof runoff, subsurface drainage, or drain- age from down spouts, yard drains, yard fountains and ponds, or lawn sprays into any sanitary sewer, except as provided by the City Code, Water from swimming pools, unpolluted industrial water, such as water drains, blow-off pipes, or cooling water from various equipment shall not be dis- charged into sanitary sewers if a closed storm sewer is available. If a closed storm sewer is not available, such water may be discharged into the sanitary sewer by indirect connection whereby such dis- charge is cooled, if required, and flows into the sanitary sewer at a rate not in excess of 5 gallons per minute, provided that the waste does not contain materials or substances in suspension or solution in violation of the limits prescribed by this Code, -5- (c) No person shall discharge or cause to be discharged into any public sewer any of the following described substances, ma- terials, waters or waste: (1) Any liquid or vapor having a tem- perature higher than 1500 F (650C) . (2) Any water or waste which contains wax, grease or oil, plastic or other substance that will solidify or be- come discernibly viscous at tempera- tures between 32 degrees to 150 de- grees Fahrenheit, (3) Flammable or explosive liquid, solid or gas, such as gasoline, kerosene, benzene, naphtha, etc, (4) Solid or viscous substances in quan- tities capable of causing obstruction in the flow in sewers or other inter- ference with proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings, en- trails, lime slurry, lime residues, slops, chemical residues, paint resi- dues, or bulk solids. (5) Any garbage that has not been prop- erly comminuted or shredded. If properly comminuted or shredded, then it may be accepted if suitably pre- treated, (6) Any noxious or malodorous substances which can form a gas which, either singly or by interaction with other wastes, is capable of causing objec- tionable odors or hazards to life or form solids in concentration exceed- ing limits established in this ordi- nance, or creates any other condition deleterious to structures or treat- ment processes, or requires unusual provisions, attentions or expense to handle such material, (d) No person shall discharge or cause to be discharged into any public sewer any of -6- the following, except in quantities or concentrations, or with provisions as stipulated. herein: (1) Free or emulsified oil and grease exceeding 100 parts per million (834 pounds per million gallons) of either or both, or combinations of, free or emulsified oil and grease, (2) Acids or alkalies which at- tack or corrode sewers or sewage disposal structures or have a pH value lower than 5.5 or higher than 10.0. (3) Salts of a heavy metal in solution or suspension in concentrations exceeding the following: Chromium as Cr - 3 parts per million Copper as Cu - 3 parts per million Zinc as Zn - 3 parts per million Nickel as Ni - 3 parts per million Cadmium as CD - 3 parts per million or elements which will dam- age collection facilities or are detrimental to treat- ment processes. (4) Cyanide or Cyanogen compounds in excess of 2,0 parts per million by weight as CN, (5) Any water or waste that contains- more than 10 parts per million of the following gases: Hydrogen sulphide, sulphur dioxide or nitrous oxide, -7- (6) Radioactive materials, in the absence of a specific permit issued by the Director for the discharge of such waste, 3, SPECIAL PROCEDURES RELATING TO INDUSTRIAL WASTE, (a) Permits, From and after 90 days after the effective date hereof, it shall be unlawful for any person to deposit or discharge industrial waste into any sani- tary sewer in the City without having first obtained an Industrial Waste Permit from the City of Fort Worth and having complied with all of the applicable pro- visions hereof. Within 90 days after the effective date hereof, any person desiring to deposit or discharge, or who is now depositing or discharging indus- trial waste into any sanitary sewer in the City shall make application to the Chief Plumbing Inspector for a permit. Application forms will be furnished by the Chief Plumbing Inspector on request. The Chief Plumbing Inspector shall refer all such applications to the Director for his approval or disapproval, The Director shall approve such applications and grant an Industrial Waste Permit only when the evidence submitted by the applicant demonstrates that the waste or wastewater to be deposited by the appli- cant in the sanitary sewer will comply with all the regulations of this Code, (b) Structures Required, Within 180 days after the effective date hereof, any person discharging industrial waste into a sanitary sewer in the City shall construct a suitable control manhole, downstream from any treatment or storage tanks or other approved works utilized by such person for pretreatment, such control manhole to be for the purpose of facilitating observations, measurements and sampling of all waste created and discharged by such person. The control manhole shall be constructed at a loca- tion and in a manner approved by the Director. The control manhole shall be constructed and installed at the expense -8- of the person discharging the waste, and it shall be maintained at the expense of such person at all times in a safe, ac- ceptable and proper operating condition. (c) Disconnection. If any person, deposit- ing or discharging industrial waste into the sanitary sewer fails to secure an Industrial Waste Permit within the time prescribed. herein or if any person allows or causes waste of unacceptable quality under the requirements of this Section of the Code to be discharged into any sani- tary sewer in the City, the Director is authorized, if such person is using City water, to disconnect such person's service line from the City water system and/or the City sanitary sewer system and the same shall only be reconnected at the owner's expense, if such person does not use City water, the Director is authorized to disconnect such person's service line from the City's sanitary sewer system and the same shall only be reconnected at the owner's expense. The Director shall no- tify the occupant or user of the premises where the waste is generated 24 hours be- fore disconnecting the service line. No sanitary sewer connection or water connec- tion disconnected hereunder shall be re- connected until the condition causing the disconnection has been corrected. (d) Inspection. The inspectors, agents or representatives of the City of Fort Worth charged with the enforcement of this Sec- tion of the Code shall be deemed to be per- forming a governmental function for the benefit of the general public and. neither the City of Fort worth, the Director nor the individual inspector, agent or repre- sentative shall ever be held liable for any loss or damage, whether real or as- serted, caused or alleged to have been caused as a result of the performance of such governmental function. The owners or occupants of premises where industrial waste is created or discharged into the sanitary sewer shall allow the Director, his inspectors, agents or representatives free access at all reasonable times to all parts of such premises for the pur- pose of inspection or sampling or the -9- performance of any of their duties here- under, and the failure or refusal of such owners or occupant to comply with this provision shall be ground for the discon- nection of water and/or sewer service. (e) Measurement of Flow. The volume of flow used in computing Abnormal Sewage Sur- charges shall be based upon metered water consumption as shown in the records of meter readings maintained by the Fort Worth Water Department, In the event that a person discharging waste into the City's sanitary sewer system produces evidence to the Director demonstrating that a substantial portion of the total amount of water used for all purposes does not reach the City's sewer system, an estimated percentage of total water consumption to be used in computing charges may be established by the Director. Any person discharging industrial waste into the sanitary sewers of the City who procures any part or all of his water supply from sources other than the Fort Worth Water Department, all or part of which is discharged into the sanitary sewer, shall install and maintain at his expense water meters of the type approved by the Director for the purpose of deter- mining the proper volume of flow to be used in computing sewer service charges. Such meters shall be read monthly and tested. for accuracy when deemed necessary by the Director. Where it can be shown to the satisfaction of the Director that a substantial portion of the water as measured by the aforesaid meter, or meters, does not enter the sanitary sewer system of the City, then the Director may require or permit the installation of additional meters at the owner's expense in such man- ner as to measure the quantity of water actually entering the said sanitary sewer- age system from the lot, parcel of land, building or premises of such owner or oc- cupant, and the quantity of water used to determine the sewer service charge and Abnormal Sewage Surcharge may be the quan- tity of water actually entering the sewer- age system as so determined, if the Director so elects, -10- If the Director finds that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, he shall determine the quantity or quality of the waste in any manner or method he may find practicable in order to arrive at the percentage of water entering the sanitary sewerage system of the City and/or the quality of the sewage to be used to determine the sewer service charge and surcharge. (f) Determining the Character and Concentra- tion of waste. The industrial waste dis- charged or deposited into the sanitary sewers shall be subject to periodic in- spection and sampling as often as may be deemed necessary by the Director. Samples shall be collected in such manner as to be representative of the character and con- centration of the waste under operational conditions. The laboratory methods used in the examination of said waste shall be those set forth in the Standard Methods. The determination of the character and concentration of industrial waste shall be made by the Director at such times and on such schedules as may be established by the Director. Should an owner or oc- cupant discharging industrial waste to the sanitary sewers desire a determination of the quality of such industrial waste be made at some time other than that sched- uled by the Director, such special deter- mination may be made by the Director at the expense of the owner or occupant discharging the waste. 4. PRETREATMENT AND SURCHARGE (a) Pretreatment: Owners or occupants, or any other person, generating waste pro- hibited from discharge into public sewers by the foregoing shall pretreat or other- wise dispose of such prohibited waste so as to make the waste discharged to the public sewer acceptable under the standards established in this chapter. -H- (b) Abnormal Sewage Surcharge: Persons gener- ating Abnormal Sewage may discharge such sewage into the sanitary sewer provided: (1) the waste will not cause damage to the collection system, (2) the waste will not impair the treatment processes, (3) the person discharging such waste pays a monthly surcharge to the Fort Worth Water Department in addition to the usual monthly sewer service charges. Computations of such surcharges shall be based on the following formula: s=Vx62.4x[o.o11 (B.O.D.-300)+0.007(S.S.-300)] S = surcharge in dollars V = water consumption in millions of cubic feet during the billing period 62.4 = pounds per cubic foot of water 0.011 = unit charge per pound for B.O.D. in dollars B.O.D. = B.O.D. strength index in parts per million by weight 300 = normal B.O.D. strength in parts per million by weight 0.007 = unit charge per pound for sus- pended solids in dollars S.S. = suspended solids strength index in parts per million by weight 300 = normal suspended solids strength in parts per million by weight If the strength index for either B.O.D. or S.S. is less than the normal strength index for that category, then there shall be no surcharge for that category, nor shall there be credit given to the total surcharge. (c) it shall be the responsibility of any per- son, owner or occupant discharging waste into the sanitary sewerage system of the City to furnish the Director with drawings or plans and specifications in such detail as he may require to determine if the pre- treatment structure planned by such person, or in use by such person, is suitable for the purpose intended. However, the approval of such plans by the Director will in no way relieve such person of the responsibility for modifying the structure once constructed as necessary to produce an effluent accept- able to the Director under the terms of this ordinance. -12- SECTION 2. That Section 29-114 of Chapter 29 of the Fort Worth City Code (1964) is hereby amended, and. after having been so amended, shall hereafter read as follows: sec, 29-114. Waste from acid sinks. Drains receiving acid waste shall be constructed of any acid-resisting material. Such drains located outside of a building shall be constructed of vitrified clay or earthenware pipe or other approved acid- resisting material. Joints shall be con- structed by caulking with asbestos rope wicking and by pouring a heated sulphur and carbon compound or a heated bituminous compound in such manner as to secure tight joints. In no case shall corrosive waste be discharged into a drain, sanitary sewer, storm sewer or soil or waste pipe without being first diluted or neutralized in such manner as to render such wastes noncorrosive. These wastes shall be treated by passing through a properly trapped dilution or neu- tralizing catch basin which shall function automatically. SECTION 3. That this ordinance shall repeal every prior ordinance and provision of the Fort Worth City Code in conflict herewith but only insofar as the portion of such prior ordinance or provi- sion shall be in conflict, and as to all other ordinances or provisions of the Fort Worth City Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. SECTION 4. That if any section, part of a section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by a court of competent jurisdiction, the -13- holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the re- maining sections and. provisions of this ordinance, which shall remain in full force and effect, The City Council would not have passed any sections, parts of sections or provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. SECTION 5, That the violation of any provision of this ordinance or of the Fort Worth City Code relating to the pretreatment, dis- position or discharge of waste into any public sewer or the payment of an Abnormal Sewage Surcharge shall be deemed an offense and punishable by a fine not exceeding Two Hundred Dollars ($200) , and each violation thereof, and each day on which there is a failure to comply with the terms of this or- dinance shall be and is hereby deemed to be a distinct and separate offense and punishable as such. SECTION 6. That this ordinance shall be in full force and effect from and after APPROVED AS' TO FORM AND LEGALITY: City Attorney Adopted by the City Council Effective City of Fort Worth, Texas MCMAHAN LINE BRADSHAW .mayor and Council Communication MORPHIS BUILMNO DATE REFERENCE SUBJECT: Amendment to the City Code PAGE R. B. 10�27169NumbER Establishing Industrial Waste Surcharge 2 GRAHAM G-1450 i °r HARDY On August 8, 1969, an engineering report on industrial waste surcharges and a proposed amendment to the City Code establishing an industrial waste surcharge was transmitted to the City Council for review. In the interim period, the Water Department has met with the following groups to discuss the implications of the proposed ordinance: Number of Firms Number of Firms Rep- Total Firms Industry Group Invited to Meetings resented at Meetings Contacted 1. Meats , hides and related products 13 5 5 2. Laundries 18 2 3 3. Dairy products 9 4 4 4. Food processors 31 8 9 5. Chemical producers - - 1 Total 71 19 22 * Some firms who discharge large quantities of industrial wastes were con- tacted on an individual basis. The representatives of firms who attended the meetings indicated concern relative to the proposed surcharge but no strong objection was expressed. Some stated that the City's proposed plan was not unexpected. Although the proposed ordinance was not distributed at the meetings, it was furnished to the firms requesting it. Proposed Ordinance A draft of the proposed ordinance to amend the Code is attached. The major provisions in the ordinance are described below: 1. A surcharge rate of $0.011 per pound Bio-Chemical Oxygen Demand and $0.007 per pound suspended solids in excess of the normal strength of 300 ppm Bio-Chemical Oxygen Demand and 300 ppm sus- pended solids is established. 2. The surcharge computations are based'on metered water used and the strength of the waste discharged into the City system by an industry. 3. Meters are required on customers' private well water supplies to determine the volume of water used. 4. The surcharge is in addition to the regular monthly charge for water and sanitary sewer service paid by the customer. DATE REFERENCE SUBJECT: Amendment to the City Code PAGE NUMBER Establishing Industrial Waste Surcharge 2 2 10/27/69 G-1450 or 5. A control manhole must be provided on the customer's private sewer line at the expense of the customer to sample the industrial waste. 6. Water to be discharged to the storm drainage system or waterways in the City must meet defined requirements for "unpolluted water". Purpose of Surcharge The purpose of the proposed surcharge ordinance is to secure payment for the added costs of treating strong industrial wastes and to possibly reduce the strength of the industrial wastes discharged into the City system. Reduction in the strength of the waste discharged into the City system could be achieved in some industries by good housekeeping practices and/or the removal by the industry of some of the pollutants. Additional Cost to Area Firms Samples have been collected and analyzed from approximately 90 area industries. Based on these tests and the quantity of water used, it is estimated that approximately 33 industries will be required to pay an additional $50 or more monthly when the surcharge is in full effect. However, six industries will pro- bably be required to pay an additional $1,000 or more monthly, or reduce the strength of the waste discharged. Implementation It is anticipated that some industries will be able to greatly reduce the amount of polluting material being discharged into the City sanitary sewer system However, time will be needed to accomplish a significant reduction. In order to eliminate unnecessary hardship on existing industry or new industry coming to the City in the near future, it is proposed that the ordinance be made effective January 1, 1970. It is also recommended that the percent of the surcharges to be collected be graduated in phases as noted below: January 1, 1970 to October 1, 1970 - 33 per cent of charges computed by formu October 1, 1970 to October 1, 1971 - 66 per cent of charges computed by formu October 1, 1971 and later - 100 per cent of charges computed by formula No changes have been made to the proposed ordinance which was submitted to the City Council on August 8, 1969, except for the effective dates of the increased charges. Recommendation It is recommended that the City Council adopt the attached ordinance amending the City Code to establish an industrial waste surcharge to become effective January 1, 1970. HDM:ms SUBMITTED BY: DISPOSITlp COUNCIL: PROCESSED BY / &0 APPROVED- O OTHER (I)ESCRIBE) CITY SECRETARY + � J DATE CITY MANAGER