HomeMy WebLinkAboutOrdinance 24839-05-2021 ORDINANCE NO.24839-05-2021
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (2015), AS AMENDED, CHAPTER 12.5
"ENVIRONMENTAL PROTECTION AND COMPLIANCE"; BY
AMENDING ARTICLE VI "INDUSTRIAL WASTEWATER":
SECTION 12.5-658 "NOTIFICATION OF VIOLATION BASED ON
SELF-MONITORING"; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A FINE OF UP TO $2,000.00 FOR EACH OFFENSE IN
VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Pretreatment Division of the Fort Worth Water Department operates a
pretreatment program designed to prevent the introduction of pollutants into the City's
wastewater system that will interfere with its operation;
WHEREAS, the purposes of the pretreatment program include protecting the health and
safety of City personnel and the general public, promoting the reuse and recycling of
industrial wastewater and sludge, and enabling the City to comply with federal and state
regulations;
WHEREAS, pursuant to Section 12.5-658 of the City Code, significant industrial users
(Group I), are prohibited from discharging wastewater into the City's wastewater system
without a wastewater discharge permit.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS,AS FOLLOWS:
Section 1.
Chapter 12.5 "Environmental Protection and Compliance", Article VI "Industrial Wastewater",
Division 2"Discharge Prohibitions And Limits", Section 12.5-658"Notification of violation based
on self-monitoring" shall be amended to be as follows:
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Article VI Amendment Ordinance
April 2021
Section 12.5-658. Notification of violation based on self-monitoring.
If a User's monitoring and wastewater analysis indicates that a violation has
occurred,the User shall:
(a) Inform the Director within twenty-four (24) hours of becoming aware of the
violation; and
(b) Within ten (10)days submit to the Director a report which identifies:
(1) The time, date, location, processes, and operations associated with the
violation, and the personnel assigned responsibility and/or present during
the violation;
(2) The cause or probable cause of the noncompliance; and
(3)The actions taken and implemented to meet permit conditions.
(c) Repeat the sampling and pollutant analysis and submit to the director a written
report of the results of this second analysis within thirty (30) days after becoming
aware of the violation.The user is not required to resample if the director monitors
at the user's facility at least once a month, or if the director samples between the
user's initial sampling and when the user receives the results of this sampling.
Section 2
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
the City of Fort Worth, Texas (2015), as amended, except where the provisions of this
ordinance are in direct conflict with the provision of such ordinances and such Code,in which
event conflicting provisions of such ordinances and such Code are hereby repealed.
Section 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
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Article V1 Amendment Ordinance
April 2021
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 and repealed in Section 1,
which have accrued at the time of the effective date of this ordinance and,as to such accrued
violations and all pending litigation,both civil and criminal,whether pending in court or not,
under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
Section 6.
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.
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Article VI Amendment Ordinance
April 2021
Section 7.
This ordinance will take effect after the required publication as described in
Section 6.
APPROVED AS TO FORM AND LEGALITY:
Christy R.Lopez-Reynold (May 19,202 0:25 CDT)
Christa R.Lopez-Reynolds Mary J.Kayser
Sr.Assistant City Attorney City Secretary
Adopted:May 18,2021
Effective: MaAA p7"7, 610Q) FORT �o
.7EXP5
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Article VI Amendment Ordinance
April 2021
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 05/18/21 M&C FILE NUMBER: M&C 21-0350
LOG NAME: 60AMEND ORDINANCE CHAPTER 12.5
SSUBJECT
(ALL)Adopt Attached Ordinance Amending Chapter 12.5,Environmental Protection and Compliance,Article VI,Industrial Waste,Section 12.5-
658 for Commercial and Industrial Dischargers into the Village Creek and Trinity River Authority Central Regional Wastewater Treatment Facilities
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the City Code,Chapter 12.5,Environmental Protection and
Compliance,amending Section 12.5-658 of Article VI,Industrial Wastewater,regulating commercial and industrial discharges into the Village
Creek and Trinity River Authority Central Regional Wastewater Treatment Facilities.
DISCUSSION:
The City Council adopted Chapter 12.5,Environmental Protection and Compliance,Article VI,Industrial Wastewater,containing the requirements
of the federally mandated Environmental Protection Agency pretreatment regulations found in Chapter 40 Code of Federal Regulation(CFR)403
and has subsequently approved amendments as necessary in November 1995,March 2003,July 2006,January 2009,and January 2012. Article
VI of the City Code regulates commercial and industrial facilities,as well as describes the prohibitions and limitations for wastewater discharged
to the City of Fort Worth Village Creek Wastewater Treatment Facility.Some areas exist within the City of Fort Worth where commercial and
industrial facilities discharge wastewater to the Trinity River Authority(TRA)Central Regional Wastewater Treatment Facilities. Dischargers into
each of these facilities must meet the prohibitions and limitations specified by the pretreatment program as approved by the Texas Commission
on Environmental Quality(TCEQ).
The TCEQ reviewed the City's regulations during an audit in November 2020 and has mandated the City adopt a shorter reporting timeframe in
Section 12.5-658 from thirty days to ten days for self monitored violations.In order to allow for the proper regulation of these commercial and
industrial facilities,Article VI,Industrial Wastewater has been amended to include the correction TCEQ required for dischargers to the Village
Creek and TRA Regional Wastewater Treatment Facilities.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Laiy Joseph 8305