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HomeMy WebLinkAboutIR 8652INFORMAL REPORT TO CITY COUNCIL MEMBERS �j'�`. To the Mayor and Members of the City Council No. 8652 January 4, 2005 Page 1 of 2 SUBJECT: Brownfield Redevelopment Tools: Municipal Setting Designations — Draft Ordinance The state law that created the concept of a "municipal setting designation" (MSD) became effective September 1, 2003. It allows an applicant, typically a developer, to apply to the Texas Commission on Environmental Quality (TCEQ) for a certification that will permit a developer /landowner to clean up groundwater contamination on their property only to nonpotable levels. "Groundwater" is water below the surface of the earth. "Potable water" means water used for irrigating crops intended for human consumption, drinking, showering, bathing, or cooking purposes. A property is eligible for an MSD if it is within the corporate boundaries or extraterritorial jurisdiction of a municipality with a minimum population of 20,000, and there is a public drinking water supply system that supplies or is capable of supplying drinking water to the property and to all properties within '/z mile of the property for which the MSD is sought. There are numerous benefits to an MSD. It takes into account historical contamination in an area - in urban areas it is often difficult to determine the origination of groundwater contamination because several sources may have merged. Cleaning up groundwater to drinking water (potable) standards can be extremely xpensive, and the remediation process may make redevelopment cost prohibitive. In many instances, the shallow groundwater is of insufficient volume and quality for potable use, which is quite common in Fort Worth. An MSD certification greatly reduces or even eliminates groundwater remediation costs, thus encouraging brownfields (i.e. Central City) redevelopment. An MSD only impacts groundwater drinking water standards, which are the strictest cleanup standards. Groundwater contamination that exceeds limits for other exposures must still be addressed through a response action. These exposures include human inhalation and contact, and the protection of ecological resources. An MSD application to the TCEQ requires a city's approval - it cannot be approved by the state if the city does not give its formal approval. That approval must be by means of a city council resolution supporting the application, and either an ordinance prohibiting potable use of groundwater in the MSD or a restrictive covenant enforceable by the city. The statute does not provide procedures for a city's approval process, and creates only a very limited public participation process at the state level. Staff is proposing the adoption of an ordinance that provides procedures for seeking City Council approval of a proposed MSD. The MSD ordinance would be created in Chapter 12.5, Article 4 of the City Code, as a new Division 2, and would provide an expanded public participation process. The proposed ordinance requires an application to Director of Environmental Management. After staff review of the application, the Director would set the matter for a public meeting within 45 days following receipt of the application and a public hearing before City Council within 60 days of receipt. The purpose ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS r ci +are To the Mayor and Members of the City Council No. 8652 January 4, 2005 Page 2 of 2 SUBJECT: Brownfield Redevelopment Tools: Municipal Setting Designations — Draft Ordinance of a public meeting is for the applicant to provide information to the affected community about MSDs and the application and to obtain input on the application prior to a formal hearing before the City Council. The Director must provide notice of the meeting and the hearing. This includes published notice in a newspaper and posted notice at City Hall and on the property. Written notice will be sent to owners of real property lying within' /2 mile of the subject property, persons who own private registered water wells within five miles of the subject property, each retail public utility that owns or operates a groundwater supply well within five miles of the subject property, and each municipality with a boundary located not more than one - half mile of the subject property or that owns or operates a groundwater supply well located within five miles. Except for notice to property owners within '/2 mile of the subject property, these notice provisions echo the statute. Staff feels that surrounding property owners should also be provided notice, and the '/2 mile radius is based upon a requirement in the statute that a public water supply must be available within '/2 mile of the boundaries of an MSD. In addition to these notice provisions, -a copy of the application would be placed for public review at a library facility closest to the site of the proposed MSD. An application fee would be set by City Council by separate ordinance. Staff recommends that a fee of $2,000 be set, which should be sufficient to cover the costs of notice. The public hearing will follow City Council rules for all public hearings. After hearing, Council will vote to approve or disapprove the application. If Council votes to approve the request, it must adopt a resolution supporting the state application and enact an ordinance prohibiting use of groundwater for potable purposes from the proposed MSD. No new application for an MSD on the property may be filed for period of 12 months if the City Council disapproves an application, or if the applicant withdraws its application after notice has been given. This matter was discussed at the Central City Revitalization and Economic Development Committee meetings of April 20th and September 14`h, 2004. The Committee recommends City Council adoption of an ordinance which provides procedures for creating MSDs. The draft ordinance is attached for your review. Staff recommends that the ordinance be placed on the City Council agenda for adoption in the near future. For further information please don't hesitate to contact Brian Boerner, Director of Environmental Management (817- 392 -6647) or Libby Watson, Assistant City Manag'et (817- 392 - 6183). arles I /Boswell City Manager ISSUED BY THE CITY MANAGER FORT WORTH. TEXAS ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 12.5, "ENVIRONMENTAL PROTECTION AND COMPLIANCE," ARTICLE IV "GROUNDWATER AND SURFACE WATER QUALITY," BY DIVIDING SAID ARTICLE INTO DIVISIONS, NAMING DIVISION 1 "ENFORCEMENT OF THE TEXAS WATER QUALITY CONTROL ACT," AND FURTHER AMENDING SAID ARTICLE BY THE ADDITION OF A NEW DIVISION 2, "MUNICIPAL SETTING DESIGNATIONS," PROVIDING FINDINGS AND DEFINITIONS, PROVIDING FOR THE PROHIBITION OF THE USE OF GROUNDWATER FOR POTABLE PURPOSES IN A MUNICIPAL SETTING DESIGNATION, PROVIDING FOR AN APPLICATION PROCESS FOR A MUNICIPAL SETTING DESIGNATION, PROVIDING FOR PUBLIC MEETINGS AND HEARINGS, PROVIDING FOR NOTICE TO PERSONS WITHIN THE AFFECTED COMMUNITY, PROVIDING FOR LIMITATIONS ON REAPPLICATION, PROVIDING FOR PROOF THAT RESPONSE ACTIONS HAVE BEEN COMPLETED ON A SITE, PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $2,000.00 x FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Due To Limited Quantity And Low Quality, There Are Areas Of Shallow Groundwater Within The City And Its Extraterritorial Jurisdiction That Are Not Valuable As Potable Water Sources, And Therefore Are Not Utilized For Potable Water; And WHEREAS, many commercial and industrial properties in Fort Worth and its extraterritorial jurisdiction are underlain with unusable groundwater that has become contaminated by historical on -site or off -site sources; and WHEREAS, the City of Fort Worth does not utilize groundwater as a source for public drinking water, and less than six percent of all municipal water supplies in Tarrant County come from groundwater sources; and COFW — Draft MSD Ordinance Version 11.30.04 Page 1 of 14 WHEREAS, the use of Municipal Setting Designations within Fort Worth and its extraterritorial jurisdiction allows for a state - evaluated corrective action process for groundwater that is directed toward protection of human health and the environment balanced with the economic welfare of the citizens of the city; and WHEREAS, where public drinking water is available, the potable use of groundwater in designated areas should be prohibited to protect public health and welfare when the quality of the groundwater presents an actual or potential threat to human health; and WHEREAS, people should have a say in decisions which affect their lives and property, and public input should influence governmental decisions; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. That Part II "Code," Chapter 12.5 "Environmental Protection and Compliance," Article IV, "Groundwater and Surface Water Quality," of the Code of the City of Fort Worth (1986) as amended, is hereby amended by designating the existing Article as Division 1, "General Provisions," so that hereafter such division shall read as follows: DIVISION 1. ENFORCEMENT OF THE TEXAS WATER QUALITY CONTROL ACT 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. COFW — Draft MSD Ordinance Page 2 of 14 Version 11.30.04 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 12.5401. 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 12.5402. 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 (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 COFW — Draft MSD Ordinance Page 3 of 14 Version 11.30.04 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 12.5404. 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 12.405- 12.410 reserved. SECTION 2. That Part II "Code," Chapter 12.5 "Environmental Protection and Compliance," Article IV, 19" "Groundwater and Surface Water Quality," of the Code of the City of Fort Worth (1986) as amended, is hereby further amended by the addition of a new Division 2 entitled, "Municipal Setting Designations," so that hereafter such division shall read as follows: DIVISION 2. MUNICIPAL SETTING DESIGNATIONS Section 12.4 -411 Findings The City Council of the City of Fort Worth makes the following findings: (a) Due to limited quantity and low quality, there are areas of shallow groundwater within the city and its extraterritorial jurisdiction that are not valuable as potable water sources, and therefore are not utilized for potable water; (b) Many commercial and industrial properties in Fort Worth and its extraterritorial jurisdiction are underlain with unusable groundwater that has become contaminated by historical on -site or off -site sources; COFW — Draft MSD Ordinance Page 4 of 14 Version 11.30.04 r?, (c) The City of Fort Worth does not utilize groundwater as a source for public drinking water, and less than six percent of all municipal water supplies in Tarrant County come from groundwater sources; (d) The use of Municipal Setting Designations within Fort Worth and its extraterritorial jurisdiction allows for a state - evaluated corrective action process for groundwater that is directed toward protection of human health and the environment balanced with the economic welfare of the citizens of the city; (e) Where public drinking water is available, the potable use of groundwater in designated areas should be prohibited to protect public health and welfare when the quality of the groundwater presents an actual or potential threat to human health; and (f) People should have a say in decisions which affect their lives and property, and public input should influence governmental decisions. Section 12.5 -412. Definitions Affected community means those persons entitled to notice in Section 12.5 - 414(b)(7) below. Authorized representative means, for purposes of signing an application, if the applicant is a corporation, 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; if the applicant is a partnership or sole proprietorship, a general partner or proprietor, respectively; and if the applicant is a local government, the chief executive officer or his authorized designee. Chemical of concern means any chemical that has the potential to adversely affect ecological or human receptors due to its concentration, distribution, and mode of toxicity. Environmental risk assessment means the qualitative and quantitative evaluation performed in an effort to define the risk posed to human health and/or the environment by the presence or potential presence and/or use of pollutants Groundwater means water below the surface of the earth. Municipal Setting Designation (MSD) means a designation as provided by Chapter 361, Subchapter W, of the Texas Health and Safety Code, which authorizes the executive director of the Commission to certify municipal setting designations in COFW — Draft MSD Ordinance Page 5 of 14 Version 1130.04 order to limit the scope of or eliminate the need for investigation of or response actions addressing contaminant impacts to groundwater that has been restricted from use as potable water by ordinance or restrictive covenant. Potable water means water that is used for irrigating crops intended for human consumption, drinking, showering, bathing, or cooking purposes. Section 12.5 -413. Use of groundwater in Municipal Setting Designation as a potable water source prohibited (a) A person commits an offense if the person intentionally, knowingly, or with criminal negligence uses groundwater in a Municipal Setting Designation as a potable water source. (b) A person commits an offense if the person intentionally, knowingly, or with criminal negligence uses groundwater in a Municipal Setting Designation for a purpose prohibited in the ordinance creating that Municipal Setting Designation. Section 12.5 -414. Application for City Council Approval of Municipal Setting Designation (a) A person, including the City of Fort Worth, seeking City Council approval of a Municipal Setting Designation (MSD) for property within the corporate limits of the city of Fort Worth, or within its extraterritorial jurisdiction, shall file six copies of an application with the Director. An application may be filed in person, by United States mail, or by a document delivery service. (b) An application shall be on a form provided by the Director, and shall contain: (1) Applicant's name and address, and the name, address, daytime telephone number, and email address of a contact person; (2) The location and legal description of the proposed outer boundaries of the MSD; (3) A statement as to whether applicant has filed an application with the executive director of the Commission for an MSD for the property; (4) A statement as to whether a public drinking water supply system exists that satisfies the requirements of Texas Health and Safety Code Chapter 341 and that supplies or is capable of supplying drinking water to the property for which the MSD is sought, and property within one -half mile of the property for which the MSD is sought; COFW — Draft MSD Ordinance Page 6 of 14 Version 1130.04 (5) A description of the groundwater sought to be restricted, including the identified chemicals of concern therein and the levels of contamination known to applicant, and the identified vertical and horizontal area of the contamination. If applicant has not documented groundwater contamination offsite that originates from the property for which an MSD is sought, the application shall include a statement as to whether contamination more likely than not exceeds a residential assessment level offsite and the basis for that statement; (6) Identification of the person(s) responsible for the contamination of the groundwater, if known; (7) A listing of (A) all owners of real property lying within one -half mile of the subject property, as the ownership appears on the last approved city tax roll; (B) all state - registered private water wells within five miles from the boundary of the property for which the designation is sought, including a notation of those wells that are used for potable water purposes (if known), and a statement as to whether applicant has provided the owners with notice as provided in Texas Health and Safety Code Section 361.805; (C) of each retail public utility that owns or operates a groundwater supply well located not more than five miles from the property for which the MSD is sought, and a statement as to whether applicant has provided the utilities with notice as provided in Texas Health and Safety Code Section 361.805; and (D) each municipality, other than the City of Fort Worth, with a boundary located not more than one -half mile from the property for which the MSD is sought; or that owns or operates a groundwater supply well located not more than five miles from the property for which the MSD is sought; and a statement as to whether applicant has provided the municipalities with notice as provided in Texas Health and Safety Code Section 361.805; (8) A copy of the application to the executive director of the Commission, if filed; (9) A site map, drawn to scale, including a metes and bounds description of the property, the boundary of the proposed MSD, the location of groundwater on the property, and the extent of groundwater contamination COFW — Draft MSD Ordinance Page 7 of 14 Version 11.30.04 to the limits that it has been defined. The map shall include a statement by a professional land surveyor registered by the Texas Board of Professional Surveying attesting to the accuracy of the metes and bounds property description; and (10) Any other information that the Director deems pertinent. (c) The application shall be signed by an authorized representative of the applicant and shall 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 a manner designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or 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." (d) An application shall be accompanied by: (1) A set of printed mailing labels with the names and addresses of persons listed in subsection (b)(7) above; (2) An electronic file of the names and addresses of persons listed in subsection (b)(7) above, in a format acceptable to the Director and compatible with City information systems; and (2) An application fee in an amount set by City Council by ordinance. (d) An applicant may withdraw its application in writing by letter sent certified mail, return receipt requested, to the Director, and shall forfeit the application fee. If the Director has not issued public notice prior to the receipt of the withdrawal letter, the applicant may reapply at any time. If public notice has issued, a new application is subject to the limitations of Section 12.5 -420 below. Section 12.5415. Staff review. (a) Upon receiving an application for an MSD approval, the Director will distribute a copy to his designee within the Environmental Management Department, and to the City's Water Department, Transportation and Public Works Department, Engineering Department and Development Department for staff review. The purpose of the review is to determine whether the application is complete, and whether any current or future City property or other interests have the potential to COFW — Draft MSD Ordinance Page 8 of 14 Version 11.30.04 G be impacted by the proposed MSD. City staff shall not be tasked with conducting an environmental risk assessment of the application. (b) City staff must send a written report to the Director within ten calendar days of receiving the application, noting any discrepancies in the application, and advising of any City interests that may potentially be impacted by the proposed MSD. Section 12.5 -416. Director Action Following Application Review (a) Following staff review, if the Director determines that the application is complete, he will schedule a public meeting and a public hearing. The public meeting must be held prior to the public hearing. (1) A public meeting will be scheduled at a time no later than 45 days following the day the application was received by the City; and (2) A public hearing will be scheduled at a time no later than 60 days following the day the application was received by the City. (b) The date that an application is deemed to have been received by the City is the date that the application was received by the Director, as indicated by the file date stamped on the application package by the Department of Environmental Management. (c) If the Director determines that the application is incomplete, he will return the application to applicant, noting the deficiencies in writing. The applicant shall have 30 days from the date of the deficiency letter to correct the deficiencies and resubmit the application. If the applicant fails to submit a corrected application within the allotted time, the application shall be deemed to be withdrawn and the application fee forfeited. Section 12.5 -417. Notice of Public Meeting and Public Hearing. (a) Notice of the public meeting and the public hearing on an MSD application may be combined and must include the date, time and location of the two events, the identity of the applicant, the location and legal description of the property for which the MSD is sought, the purpose of the MSD, the type of contamination identified in the groundwater of the property for which the MSD is sought, and a statement that a copy of the application is available for public viewing at a specified Fort Worth Public Library facility. Notice will be made as follows: (2) The Director will provide published notice of a public meeting and a public hearing for a proposed MSD by means of a legal advertisement appearing in the official newspaper of the City, or a paper of general circulation, not less than 15 days before the public meeting; COFW — Draft MSD Ordinance Page 9 of 14 Version 11.30.04 (2) The Director will provide posted notice of a public meeting and a public hearing by requesting that the City Secretary post the notice at City Hall, in a place readily accessible to the general public at all times, not less than 15 days before the public meeting; and (3) The Director will serve written notice of a public meeting and a public hearing for a proposed MSD not less than 15 days before the date set for the public meeting. Such notice shall be deemed served when it is deposited, properly addressed and regular postage paid, in the United States mail. Notice will be served to: (A) the applicant; (B) the list provided by applicant of owners of real property lying within one -half mile of the subject property, as the ownership appears on the last approved city tax roll; (C) the list provided by applicant of persons who own private registered water wells within five miles of the subject property; (D) the list provided by applicant of each retail public utility that owns or operates a groundwater supply well located not more than five miles from the property for which the MSD is sought; and (E) the list provided by applicant of each municipality with a boundary located not more than one -half mile from the property for which the MSD is sought or that owns or operates a groundwater supply well located not more than five miles from the property for which the MSD is sought. (b) The Director will direct the erection of at least one sign upon the property for which an MSD has been requested. Where possible such sign or signs must be located in a conspicuous place or places upon such property at a point or points nearest any right -of -way, street, roadway or public thoroughfare adjacent to such property. Such sign(s) must be so erected not less than 15 days before the date set for the public meeting. Any such sign(s) will be removed subsequent to final action by the City Council on the MSD application. The sign(s) must state that an MSD has been requested for the site and that additional information can be acquired by telephoning the number listed thereon or visiting the web site address listed thereon. The erection and/or the continued maintenance of any such sign shall not be deemed a condition precedent to the holding of any public meeting or public hearing or to any official action concerning the MSD application. COFW — Draft MSD Ordinance Page 10 of 14 Version 11.30.04 (c) The Director will send a copy of the application to the Fort Worth Public Library facility located nearest to the property that is the subject of the application, and request that it be displayed for public review. The librarian for the facility will display the application in a publicly accessible area of the library until at least the completion of City Council action on the application, or the withdrawal of the application by applicant. Section 12.5418. Conduct of Public Meeting. (a) The purpose of a public meeting is for the applicant to provide information to the affected community about MSDs and the application and to obtain input on the application prior to a formal hearing before the City Council. (b) The public meeting will be held in the evening at a location convenient to the affected community. (c) The applicant or applicant's representative must appear at the public meeting. If the applicant fails to appear at the public meeting either in person or by representative, the application shall be deemed withdrawn and the application fee forfeited. (d) The Director will be responsible for the conduct of the meeting. He will give the applicant or the applicant's representative the opportunity to present its reasons for requesting an MSD, and will give members of the affected community the opportunity to ask the applicant questions or make oral comments on the application. (e) The Director will make a tape recording of the public meeting available for the public. Section 12.5 -419. Conduct of Public Hearing. (a) Prior to the hearing, the Director will provide the City Council with a written report summarizing the request for the MSD approval, including any concerns raised by the reviewing departments, and will attach a copy of the application to the report. (b) The applicant or applicant's representative must appear at the hearing and present the request for an MSD approval. If the applicant fails to appear at the hearing either in person or by representative, the application shall be deemed withdrawn and the application fee forfeited. (c) Persons wishing to speak either in favor of or against the application will be provided the opportunity in accordance with City Council rules or guidelines for . �� public hearings. COFW — Draft MSD Ordinance Page 11 of 14 Version 11.30.04 (d) Following the conclusion of the public hearing, the City Council may deliberate the matter of the application, and then may either (1) vote to approve or disapprove the application; or (2) postpone action on the application to a future date. (e) In order to approve an application, the City Council must (1) adopt a resolution supporting the application to the Texas Commission on Environmental Quality; and (2) enact an ordinance prohibiting the potable use of designated groundwater from beneath the property. The ordinance must include a metes and bounds description of the property to which the ordinance applies; a listing of the contaminants; and a statement that the ordinance is necessary because the contaminant concentrations exceed potable water standards. (f) In the ordinance enacted pursuant to subsection (e)(2) above, City Council may place other reasonable restrictions on the use of designated groundwater from beneath the property. (g) City Council approval of an application shall not be deemed to waive the City's right to comment on an MSD application that has been filed with the Executive Director of the Texas Commission on Environmental Quality as provided by Texas Health and Safety Code Section 361.805. Section 12.5 -420. Limitation on reapplication. If after public hearing the City Council disapproves an application, or if the applicant has withdrawn its application after public notice has issued, no new MSD applications for the property shall be accepted by the city or scheduled for a hearing by the City Council within a period of 12 months of the date of disapproval or withdrawal. Section 12.5 -421. Additional requirements. (a) A person who has received approval of an MSD from the City, shall, upon issuance from the Commission, provide the Director with a copy of the Certificate of Completion or other documentation issued for the property, showing that response actions have been completed. (b) A person commits an offense if they fail to provide the Director with the documentation required in subsection (a) above, within 30 days of its issuance by the Commission. COFW — Draft MSD Ordinance Page 12 of 14 Version 11.30.04 31 SECTION 3. 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 Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. 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 5. 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. COFW — Draft MSD Ordinance Version 11.30.04 Page 13 of 14 SECTION 6. 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 Sections 1 -8, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 11 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 8. This ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: DAVID YETT, CITY ATTORNEY ASSISTANT CITY ATTORNEY DATE: EFFECTIVE: COFW — Draft MSD Ordinance Page 14 of 14 Version 11.30.04