HomeMy WebLinkAboutContract 13327 CITY SECRETARY 2sQ
CONTRACT N
AMENDMENT TO CITY SECRETARY CONTRACT NO. 4936
STATE OF TEXAS
COUNTY OF TARRANT §
WHEREAS, on January 23, 1964, the City of Fort Worth and the
City of Forest Hill entered into City Secretary Contract No. 4936,
whereby the City of Fort Worth agreed to provide the City of Forest
Hill with connection to its sanitary sewer collection system; and
WHEREAS, pursuant to the mandate of the United States Environ-
mental Protection Agency, the City of Fort Worth has promulgated an
ordinance providing for the monitoring of the wastewater of those
industries which discharge into the Fort Worth sanitary sewer sys-
tem; and
WHEREAS, it is necessary that customer cities take measures to
participate in the industrial waste program by adopting an ordinance
with the same standards and industrial waste pretreatment programs
as those of the City of Fort Worth ordinance; and
WHEREAS, it is further necessary that customer cities agree to
cooperate with the City of Fort Worth in the monitoring of indus-
trial users in their cities; and
WHEREAS, the City of Fort Worth and the City of Forest Hill now
mutually desire to amend City Secretary Contract No. 4936, to
provide for the City of Forest Hill's adoption of appropriate
ordinances and for other participation by the City of Forest Hill in
the industrial waste control program of the City of Fort Worth.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That the City of Fort Worth, a home-rule municipal corporation
located in Tarrant County, Texas, acting herein by and through David
Ivory, its duly authorized Assistant City Manager, and the City of
OFFICIAL
stall
Forest Hill, acting by and through J. Maurice Oakes, its duly
authorized Mayor, do hereby covenant and agree as follows:
1 .
City Secretary Contract No. 4936, on file in the office of the
City Secretary of the City of Fort Worth, is hereby amended by
substituting the following in lieu of Section 1 .D. thereof, and,
after such amendment, Section 1 .D. of City Secretary Contract
No. 4936 shall read and be as follows, to wit:
"1 .D. INDUSTRIAL CONNECTIONS AND WASTES
A. GENERAL CONDITIONS
1 . No person, firm or corporation operating or
maintaining any commercial, manufacturing or industrial
establishment discharging into the sewers any 'industrial
waste, ' as defined in the Code of the City of Fort Worth
and amendments thereto, shall have the right hereunder to
connect, directly or indirectly, or to remain connected,
to the sanitary sewerage system of the City of Fort Worth
unless prior approval is granted by the Director of the
Fort Worth Water Department; and it is understood that no
such approval shall be granted unless the quality of the
waste to be introduced is controlled in compliance with
the pertinent ordinances, rules and/or regulations of City
governing such industrial wastes. All provisions and terms
relating to industrial wastes and industrial connections
contained in said City Code and amendments thereto are
referred to and incorporated herein the same as if set out
verbatim;
"2. Customer agrees to cooperate with City in in-
specting industrial wastes produced by all industries con-
nected to Customer's sanitary sewer system in order to
determine the quality of sewage introduced into its sani-
tary sewer system by such industries. Customer agrees, at
any or all reasonable times requested by Fort Worth, to
permit an authorized City inspector to participate in such
inspections. Such inspections may include, but will not be
limited to, sampling the sewage produced by industries and
inspection of all records, maintained by Customer regard-
ing industries connected to Customer's Sanitary Sewer
System;
"3. Further, the quality of the sewage delivered
into the Fort Worth sanitary sewerage system from the san-
itary sewer system of Customer shall be equal to or better
than the quality standards established by current or
future ordinances of City regulating industrial wastes to
be injected into the Fort Worth sanitary sewerage system.
Customer covenants and agrees to be liable for violation
of such quality standards applicable to a producer of in-
dustrial wastes located within the corporate boundaries of
the City of Fort Worth. In the event that any such viola-
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part of this contract. Any future ordinance changes
relating to industrial discharges, prohibited or
controlled wastes or pretreatment requirements shall apply
to this contract as if in effect at the effective date of
this contract; provided, however, that Customer shall be
provided copies of present and future applicable ordi-
nances and shall have an opportunity to review same before
formally required to acknowledge acceptance of the condi-
tions of such ordinance.
"C. SAMPLING AND TESTING
"1 . Customer agrees that Fort Worth shall have the right
to sample wastewater discharges at:
(i) the site of discharge,
(ii) points of entry,
(iii) other locations, as required,
for the purpose of determining the type and strength of discharges.
Customer shall provide all possible assistance to Fort Worth in ob-
taining access to sampling points.
112. Customer agrees that any individual customer
found in violation of allowable discharges or any individ-
ual customer who refuses access for the purpose of sampl-
ing shall be disconnected from Customer's and Fort Worth's
wastewater system; provided, however, that the violating
customer shall be afforded the same rights, privileges of
appeal and deficiency cure periods as are customers oper-
ating within Fort Worth boundaries and under authority of
Fort Worth ordinances.
"3. Fort Worth shall regularly take twenty-four (24)
hour composite samples of wastewater discharges at points
of entry to the Fort Worth Wastewater System no less fre-
quently than annually. Costs of sampling and test shall be
borne by Fort Worth; provided, however, that should
Customer's sewage exceed normal strength wastewater, then
Customer will be charged pursuant to Section 1 .D. of this
contract.
"Customer shall be provided with a copy of each
sample test within thirty (30) days of the date of taking
of such sample."
2.
All other provisions, covenants, recitals, terms and conditions
of City Secretary Contract No. 4936 which are not expressly amended
herein shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have made and executed
this agreement this Q day of 19 Y3,
in Fort Worth, Tarrant County, Texas.
ATTEST: CITY OF FORT WORTH
/l'A4 '
- By:
ity Secretary David Ivory
Assistant City Anager
APPROVED AS TO FORM AND LEGALITY:
k- aj�D �
Wade Adkins, City Attorney
Date:
ATTEST: CITY OF FOREST HILL
r4.1'.
By: 1 11 a44_, QL
Cit Secretary J. urice-Oakes, Mayor
APPROVED BY CITY COUNCIL
II D amity Secretary
Date
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DATE REFERENCE SUBJECT: PAGE
NUMBER Pretreatment and Industrial 2 2
8/16/83 **C-7034
Waste Program of
proposed contract amendment and a copy of the industrial waste ordinance. The
contract amendments are necessary to assure that pretreatment program
requirements are implemented by the customers. A short version of the contract
amendment is included for customers without major or significant industry in
their service area, since these customers will not be required to implement
all pretreatment program requirements.
In order to assist in the development and implementation of the pretreatment
and industrial waste program, local industry representatives have formed an
Industrial Wastewater Advisory Committee. City staff members have attended
several committee meetings, and will continue to work with the committee to
insure that appropriate recommendations from industry are incorporated into
the program.
Copies of the proposed pretreatment and industrial waste program were sent to
EPA and the Texas Department of Water Resources in January, 1983, for their
review and comment. Comments were received from EPA on June 29, 1983,
requesting additional information on implementation of the pretreatment
programs in customer cities and a schedule for program completion. The
schedule which has been sent to EPA indicates a final program submittal will
be made on September 30, 1983, which will include approved ordinances from
Fort Worth and all of the wastewater customers, approved contract amendments
incorporating pretreatment requirements with all wastewater customers and all
other program modifications since the initial submittal.
Program Financing
It is proposed to finance the additional costs for the subject program by
charging the regulated industries in accordance with the amount of work
required to monitor each industrial group. Charges for these services will be
developed for inclusion in the rate ordinance now in preparation. The existing
industrial charge system will be used with appropriate modifications, to
recover the additional costs.
Recommendations
It is recommended that:
1. The revised Industrial Waste Ordinance be approved;
2. The City Council authorize the City Manager to approve contract amend-
ments to require pretreatment programs for each wastewater customer city.
DI faa '
SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY
CITY MANAGER'S
_ OFFICE BY: APPROVED
ORIGINATING 0 OTHER (DESCRIBE)
DEPARTMENT HEAD: Richard Sawey CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT: DATE
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1
ORDINANCE NO. g 8 g
AN ORDINANCE AMENDING SECTION 29-113 OF THE FORT WORTH
CITY CODE ( 1964) , AS AMENDED, REQUIRING PERMITS TO DIS-
CHARGE INDUSTRIAL WASTE INTO THE FORT WORTH SANITARY SEWER
SYSTEM; AUTHORIZING THE DIRECTOR OF THE FORT WORTH WATER
DEPARTMENT TO PROMULGATE REGULATIONS PERTAINING TO SUCH
PERMITTING, PROVIDING FOR DEFINITIONS, MAKING THIS ORDIN-
ANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDIN-
ANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CON-
FLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A
. PENALTY; ENGROSSING AND ENROLLING THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY• COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
I
11 SECTION I.
That Section 29-113, "Regulations governing industrial wastes,"
of Article XII, Chapter 29 of the Code of the City of Fort Worth,
I
( Texas ( 1964) , as amended, be and the same is hereby amended to read
as follows:
"Sec. 29-113 Regulations governing industrial wastes.
>I
1. DEFINITIONS
When used in this section, these terms shall br de-
tined as follows:
i
"Abnormal Sewage: Any industrial wastewater having sus-
penned solids or D.O.D. content which is, in the judgmen t
of the Director, significantly in excess of that found in
normal sewage, but which is otherwise acceptable into a
POTW under the terms of this Ordinance.
"Act. The Clean Water Act (33 U.S.C. 1251 et seq) , as
amended.
"Authority: The City of Fort Worth, Texas.
"B.O.D. : The quantity of oxygen utilized in the biochem-
ical oxidation of organic matter under standard laboratory
I procedure as specified in 'Standard Methods' in five days
at twenty (20) degrees Centigrade expressed as parts per
million by weight (milligram per litre) .
"Categorical Pretreatment Standards: National Pretreat-
ment Standards which are established from time to time by
EPA which specify quantities or concentrations of p011u-
tants or pollutant properties which may be discharged or
bntroauced into a POTW by specific Industrial Dischargers.
"City: City of Fort Worth, Texas.
+ "Composite Sample: A sample of the wastewater discharged
to the collection system by a user .ana composed of a
series of not less than three samples taken during the
fj
periods when industrial wastes are being discharged. The
period of time over which the samples are collected for
compositing into a single sample shall not exceed
twenty-four hours. The series of samples may be collected
on a time-proportional or flow-proportional basis.
"Cooling Water: The water discharged from any system of
connensation such as air conditioning, cooling, refrigera-
tion or water used as a coolant in cooling towers where
the only pollutant is thermal.
"Director: The Director of the Water Department of the
City of Fort Worth, or his authorized representative.
"Discharger: Any non-residential user who discharges an
effluent into a POTW by means of pipes, conduits, pumping
stations, force mains, constructed drainage ditches, sur-
face water intercepting ditches, intercepting ditches, and
all constructed devices and appliances appurtenant there-
to. Includes owners and/or occupants of such premises.
"Grab Sample: A single sample of effluent flow taken at
any time.
"Garbage: Solid waste from domestic or commercial prepar-
ation, cooking or dispensing of food or from the handling,
storage, and sale of produce.
"Indirect Discharge: The discharge or the introduction of
nondomestic pollutants from a source regulated under Sec-
tion 307(b) or (c) of the Act, into a POTW.
'Industrial Waste: Solid, liquid or gaseous waste result-
ing from any industrial, manufacturing, trade, or business
process or from the development, recovery or processing of
natural resources.
"Interference: The inhibition or disruption of a POTW's
sewer system, treatment processes or operations which con-
tributes to a violation of any requirement of its NPDES
permit.
"Maximum Daily Average: The maximum concentration of a
substance allowed in a discharge as determined from a
laboratory test of a daily composite sample.
"Maximum Grab" The maximum concentration of a substance
allowed in a discharge as determined from a laboratory
test of a grab sample.
"mg/l: Milligram per litre.
"Normal Sewage: Sewage which, when analyzed, shows by
weight a daily average of not more than 240 mg/1 of sus-
pended solids and not more than 210 mg/l of B.O.D. and
which is otherwise acceptable into a POTW under the terms
of this Code.
"NPDES: National Pollutant Discharge Elimination System-
permit program of the Environmental Protection Agency.
"O and M: Operation and Maintenance.
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"Other Wastes: Decayed wood, sawdust, shavings, bark,
lime, refuse, ashes, garbage, offal, oil, tar, chemicals
and all other substances except sewage and industrial
wastes.
"Owner or Occupant: The person, firm, or public or pri-
vate corporation, using the lot, parcel of land, building
or premises connected to and discharging sewage, indus-
trial wastewater or liquid, into the sanitary sewage sys-
tem of the City, and who pays, or is legally responsible
tar 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.
"Pass Through: The discharge of pollutants through the
POTW into navigable waters in quantities or concentrations
which are a cause or significantly contribute to a
violation of any requirement of the POTW' s NPDES permit.
"Person: Any individual, business entity, partnership,
corporation, governmental agency or political subdivision.
"Permit: Wastewater Discharge Permit, issued to non-
domestic dischargers of industrial waste into the sanitary
sewerage system of the POTW.
"pH: The logarithm at the reciprocal of the weight of hy-
drogen ions, in grams per litre of solution, measured and
calculated in 'accordance with 'Standard Methods' .
"POTW: Publicly Owned Treatment Works--Any sewage treat-
ment plant and the sewers, watercourses and appurtenances
thereto, owned and operated by the Authority.
"Pretreatment Standards: Categorical Pretreatment Stan-
dards.
"Sanitary Sewer: A publicly owned pipe or conduit de-
signed to collect and transport industrial waste and do-
mestic sewage to the POTW.
"Sewage: Water-carried human wastes or a combination of
rater-carried wastes from residences, business buildings,
institutions and industrial establishments, together with
such ground, surface, storm or other waters as may be
present.
"Shall: Is mandatory.
"Slugload: Any substance released in a discharge at a
rate and/or concentration which causes interference to a
POTW.
"Standard Methods: 'Standard Methods for the Examination
of water and wastewater' , a publication prepared and pub-
lished jointly by the American Public Health Association, '
American Waterworks Association and the Water Pollution
Control Federation, as it may be amended from time to
time.
"Suspended Solids: 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.
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"Unpolluted Water or Waste: Any water or liquid waste
containing none of the following: Phenols or other sub-
stances to an extent imparting taste and odor in receiving
waters; toxic or poisonous substances in suspension
colloidal state or solution; noxious or odorous gases; not
more than ten thousand ( 10,000) parts per million, by
weight, of dissolved solids, of which not more than
twenty-five hundred (2.500) parts per million are chloride;
not more than ten ( 10) parts per million each of suspended
solids and B.O.D.; color not exceeding fifty (50) color
units, nor a pH value of less than 5.0 nor higher than
11 .0; and/or any water or waste approved for discharge
into a stream or waterway by the appropriate state author-
ity.
"Upset: An exceptional incident in which a Discharger
unintentionally and temporarily is in a state of noncom-
pliance with the standards established in this ordinance,
due to factors beyond the reasonable control of the
Discharger, and excluding noncompliance to the extent
caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of pre-
ventive maintenance, or careless or improper operation
thereof.
'wastewater: Industrial waste, sewage or any other waste
that has been used by and discharged from an industry,
commercial enterprise, household or other water consumer,
including that which may be combined with any ground
water, surface water or storm water, that may be dis-
charged to the POTW. Said water may ba either polluted or
unpolluted.
"2. PURPOSE AND POLICY
This Ordinance provides for prohibitions on discharges of
certain substances into the public sewer system of the City from all
sources, domestic, commercial, or industrial. A further purpose of
this Ordinance is to set forth uniform requirements for Industrial
Dischargers into the POTW Authority Wastewater Collection and
Treatment Systems, and to enable the Authority to protect the public
health in conformity with all applicable state and federal laws re-
lating thereto. Parts of this Ordinance are enacted pursuant to
regulations established by the U.S. Environmental Protection Agency
(EPA) as set forth in 46 FR 9404-9460. Many of the terms herein-
above detbned correspond to the terminology employed in the EPA
Regulations.
All categorical pretreatment standards, lists of Toxic Pollu-
tants, Industrial Categories and other standards and categories
which have been or which will be promulgated by the EPA shall be
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4 incorporated as a part of this ordinance, as will EPA Regulations
fregarding Sewage Pretreatment established pursuant to the Clean
Vdater Act, and amendment of this ordinance to incorporate such
changes shall not be necessary. The authority shall maintain
current Standards and Regulations which shall be available for in-
spection and copying.
The ob3ectives of this Ordinance are:
(a) To prevent the introduction of pollutants into the
Authority wastewater system which will interfere with the normal
operation of the system or contaminate the resulting sludge;
(b) To prevent the introduction of pollutants into the
Authority wastewater system which do not receive adequate treatment
in the POTW, and which will pass through the system into receiving
waters or the atmosphere or which are otherwise incompatible with
the system; and
(c) To improve the opportunity to recycle or reclaim the
wastewater and to dispose of, recycle or reclaim the sludge
generateo by the POT4d.
The regulation of discharges into the Authority wastewater sys-
tem under this Ordinance shall be accomplished through the issuance
of permits, as specified in Section 5 herein, and by monitoring and
inspection of Cacilities, according to this Ordinance.
The Director shall have the authority to promulgate such
administrative regulations as are trom time to time necessary for
the enforcement of this ordinance.
"3. PROHIBITED DISCHARGES
(a) It shall be unlawful for any person to discharge or cause
to be discharged any polluted water or corrosive waste into any
storm drain or watercourse within the City.
(b) No person shall discharge or cause to be discharged any
storm water, ground water, root runoff, subsurface drainage or
drainage from downspouts, yard drains, yard fountains and ponds, or
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lawn sprays into any sanitary sewer. Water from swimming pools,
unpolluted industrial water, or cooling water from various equipment
shall not be discharged into sanitary sewers if an alternate accept-
able means of disposal is available. If an alternate acceptable
means of disposal is not available, such water may be discharged
t into the sanitary sewer by indirect connection whereby such dis-
charge is cooled, if required, and flows into the sanitary sewer at
a rate approved by the Director provided that• the waste does not
contain materials or substances in suspension or, solution in
violation of the limits prescribed by this Code.
(c) No person shall contribute or cause to be discharged,
directly or indirectly, into any public sanitary sewer any of the
following described substances, materials, waters or waste:
( 1 ) Any liquid or vapor having a temperature higher
6 than one hundred ( 150') fifty degrees Fahrenheit (65 de-
grees Centigrade) .
(2) Any water or waste which contains wax, grease,
oil, plastic or other substance that will solidify or be-
come discernibly viscous at temperatures between thirty-
two degrees (32' ) to one hundred fifty degrees ( 150' )
Fahrenheit, thereby contributing to the clogging, plugging,
or otherwise restricting the flow of wastewater through
the collection system.
1 (3) Flammable or explosive liquid, solid or gas,
such as, but not limited to, gasoline, kerosene, benzene,
Jnaptha, etc. , which by reason of its nature or quantity
dlI may be sufficient, either alone or by interaction to cause
1 fire or explosion or may be injurious in any other way to
II the operation of the POTVJ.
1 M Solid or viscous substances in quantities cap-
able of causing obstruction in the flow in sewers or other
interference with proper operation of the POTW, such as,
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but not limited to, ashes, cinders, sand, mud', straw,
shavings, metal, glass, rags, feathers, tar, plastics,
wood, whole blood, paunch manure, hair and fleshlings,
entrails, lime slurry, lime residues, slops, chemical
residues, paint residues, or bulk solids.
(5) Any garbage that has not been properly commin-
uted or 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
one-halt ( 1/2) inch in any dimension.
(6) Any noxious or malodorous substances which can
form a gas which, either singly or by interaction with
other wastes, is capable of causing objectionable odors or
hazards to lite or form solids in concentrations exceeding
'4 limits established .in this Ordinance, or creates any other .
condition deleterious to structures or treatment process-
es, or requires unusual provisions, attentions or expense
to handle such material.
(7) Any noxious or malodorous liquids, gases, or
solids which either singly or by interaction are capable
of creating a public nuisance or hazard to life or which'
may prevent entry into the sewers for their maintenance
and repair.
j (3) Any substance which may cause the POTW's efflu-
ent or treatment residues, sludges, or scums, to be un-
suitable for reclamation and reuse or to interfere with
the reclamation process. In no case, shall a substance
discharged to the POTW cause the POTW to be in noncom-
with sludge P
pliance w s a use or disposal criteria, guidelines
g
or regulations developed under Section 405 of the Act or
any criteria, guidelines, or regulations affecting sludge
use or disposal developed pursuant to the Solid Waste
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Disposal Act, the Clean Air Act, the Toxic Substances
Control Act, or State standards applicable to the sludge
management method being used.
(9) Any substance which will cause the POTS) to vio-
late its NPDGS and/or other Disposal System Permits.
( 10) Any substance with objectionable color not re-
moved in the treatment process, such as, but not limited
to, dye wastes and vegetable tanning solutions.
( 11 ) Any slugload, which shall mean any pollutant,
including oxygen demanding pollutants (B.O.D., etc. ) , re-
leased in a single extraordinary discharge episode of such
volume or strength as to cause interference to the POTS•J.
( 12) Any wastewater which causes a hazard to human
I life or creates a public nuisance.
(d) No person shall contribute or cause to be discharged, di-
rectly or indirectly, into any sanitary sewer any of the following
in excess of the concentrations prescribed herein:
( 1 ) Free or emulsified oil and grease exceeding
10o mg/l of either or both, or combinations thereof. The
authority may allow wastewater discharges containing free
1 or emulsified oil and grease up to 200 mg/l providing the
authority can determine that the oil and grease: a)
derives from animal or vegetable materials, b) biodegrades
( readily in the POTW, and c) does not cause an obstruction
of flow in the sewer line.
(2) Acids or alkalies capable of causing damage to
sewage disposal structures or personnel or having a pH
value lower than 5.0 or higher than 11 .0.
(3) Salts of a heavy metal in solution or suspen-
sion, and organics, in concentrations exceeding the fol-
lowing:
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Maximum Maximum
Daily Average (mg/1) Grab (mg/1I
Chromium as Cr 5.0 15.0
Copper as Cu 3.0 9.0
J Zinc as Zn 5.0 15.0
Nickel as Ni 2.0 6.0
Cadmi urn 0.3 0.9
Arsenic 0. 1 0.3'
Barium 2.0 6.0
Boron 1 .0 3.0
Lead 3.0 9.0
Manganese 5.0 15.0
Mercury 0.01 0.03
Selenium 0.05 0. 15
Silver 0.5 1 .5
or elements which will damage collection facilities or are
detrimental to treatment processes.
(1) Cyanide of cyanogen (as Cn) compounds in excess
of 2.0 parts per million by weight.
(5) Any water or waste that contains more than ten
( 10) parts per million of the following gases: Hydrogen
k sultide, sulphur aioxide or nitrous oxide.
(6) Any wastewater containing any radioactive wastes
or isotopes of such halflife or concentration as exceea
limits established by the Authority in compliance with
applicable State or Federal regulations.
1 (7) Any wastewater containing toxic pollutants in,
Isufficient quantity, either singly or by interaction to
injure or interfere with any wastewater treatment process,
constitute a hazara to humans or animals, or to exceed the
limitation set forth in the National Categorical Pre-
treatment Standards List of Toxic Pollutants, set forth in
the Cooe of Federal Regulations, 40 CFR, Part 403,
t
Appendix B, which List, and all amendments to such. list as
may be made from time to time, are mace a part of this
Orainance.
(8) Any wastewater having a temperature which will
inhibit biological activity in the POTW treatment plant
resulting in interference; but in no case, wastewater with
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a temperature which exceeds 40'C ( 104'F) at the time of
introduction into the POTW treatment plant.
"4. SPECIAL RULES RELATING TO INDUSTRIAL DISCHARGERS
(a) Compliance With Standards
( 1 ) State requirements and limitations on discharges
to the POTW shall be met by all Dischargers which are
subject to such standards in any instance in which they
are more stringent than federal ,requirements and limita-
tions or those in this or any other applicable ordinance.
(2) No Discharger shall increase the use of potable
or process water in any way, for the purpose of diluting a
discharge as a partial or complete substitute for adequate
treatment to achieve compliance with the standards set
forth in this Ordinance.
The Authority may impose mass limitations on Dis-
chargers where the imposition of mass limitations is
deemed appropriate.
(b) Accidental. Discharges
Each Discharger shall provide protection from acci-
dental discharge of prohibited or regulated materials or
substances established by this Ordinance. Where neces-
sary, facilities to prevent accidental discharge of
prohibited materials shall be provided and maintained at
the Discharger's cost and expense. When applicable,
detailed plans showing facilities and operating procedures
to provide this protection shall be submitted to the
Authority for review,and shall be approved by the
Authority before construction of the facility. Each
existing Discharger as designated by the Authority shall
complete its plan and submit same to the Authority by
January 1 , 1984. No designated discharger who discharges
to the POTW after the aforesaid date shall be permitted to
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introduce pollutants into the system until Accidental
Discharge Protection Procedures have been approved by the
Authority. Review and approval of such plans and
operating procedures by the Authority shall not relieve
the Discharger from the responsibility to modify its
facility as necessary to meet the requirements of this
Ordinance.
Dischargers shall notify the Authority immediately
upon the occurrence of a "slug" or accidental discharge of
substances prohibited by this Ordinance. The notification
shall include location of discharge, date and time there-
of, type of waste, concentration and volume, and correc-
tive actions. Any Discharger who discharges slugs of
prohibited materials shall be liable for any expense, loss
f or damage to the POTW, in addition to the amount of any
fines imposed on the Authority on account thereof under
State or Federal law.
Each employer shall instruct all applicable
employees, who may cause or discover such a discharge,
with respect to emergency notification procedure including
the proper telephone number and/or extension number of the
Authority to be notified.
(c) Wastewater Discharges Into Private Sewer Systems
All dischargers who discharge wastewater into a private
sewer system shall comply with this ordinance including Section
5.a. (7) ; provided, however, that flow measurement may be based
on metered water consumption. Each discharger shall provide an
1
' agreement, signed by the owner of the sewer system, . which
authorizes the Authority's personnel to enter onto the owner's
property for purposes of inspection and monitoring of
discharger's premises, and for enforcement pursuant to the
terms of this ordinance.
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5. ADMINISTRATION BY PERMIT
(a) Classification of Dischargers and Permits
(1 ) All non-domestic users which discharge into the
sanitary sewer system of the Authority shall be grouped
1 according to the following definitions:
Grou I - Major and Significant Industries
Industries that discharge a significant quantity
of regulated pollutants.
Group II - Classed Industries
Industries, such as car washes, printers and
photographic developers, which can be classed
according to the character of their wastewater,
and which may discharge regulated pollutants.
Group III - Commercial Facilities and Small Industrial
} Users
Those facilities which do not discharge a signi-
ficant amount of regulated pollutants on a regu-
lar basis.
G�JV - Wastewater Haulers
The Authority shall promulgate regulations per-
taining to the permitting of all transporters of
industrial waste desiring to discharge such
transported industrial wastes into the
Authority's Sanitary Sewage System, or its
tributaries, as necessary to adequately protect
the POTW and its operations from injurious
effects resulting from the acceptance into that
system of the transported industrial wastes.
Group III and Group IV users industries shall be
exempt from the following portions of this ordinance:
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Sections 5a(2) through 5e
Sections 6(a) through 6(e)
Sections 7(a) through 7(c) ;
provided, however, that Group III and Group IV users are
t sub3ect also to the following conditions:
The industrial waste discharged or deposited
into the sanitary sewers by a Group III or Group IV
1 user shall be subject to periodic inspection and
sampling as often as may be deemed necessary by the
Authority. Samples shall be collected in such manner
jas to be representative of the character and concen-
tration of the waste under operational conditions.
i
{ The laboratory methods used in the examination of
j! said Waste shall be those set forth in Standard
s
i Methods, and 40 CCR Part 136. The determination of
the character and concentration of industrial waste
shall be made by the Authority at such times and on
such schedules as may be established by the Author-
ity. Should an owner or occupant discharging
industrial waste to the sanitary sewers desire a
determination of the quality of such industrial waste-
be mace at some time other than that scheduled by the
Authority, such special determination may be made by
the Authority at the expense of the owner or occupant
discharging the waste.
i
(2) All Group I and Group II Dischargers shall sub-
mit a wastewater Discharge Permit Application to the water
Department, the form for which shall be provided by the
Department. In the case of existing Dischargers who have
not already complied with this section, such Application
1 )
must be submitted within 100 days .of the effective date
this Ordinance.
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(3) No Group I or II user shall be permitted to
discharge unless and until it has submitted a completed
Wastewater Discharge Permit Application in accordance with
1 (2) above.
(4) The Authority will evaluate the completed
I
� Applications and data furnished by the Discharger and may
require additional information. The Authority will deter-
mine to what Group each Applicant 'will be assigned. within
30 days after evaluation of the Application, a Wastewater
Discharge Permit shall be issued, subject to the terms and
conditions specified herein; and to the regulations of the
Water Department.
(5) If the Application is denied, the Applicant
shall be notified in writing within 30 days of the reasons
{ for such denial. If denial is based on the Authority's
i determination that the Applicant cannot meet the Pretreat-
ment Standards specified in this Ordinance, it may specify
that additional pretreatment operations will be required
of Applicant.
(6) Where additional pretreatment and/or operation
and maintenance activities will be required to comply with
this Ordinance, pursuant to (5), above, the Discharger
shall provide a declaration of the shortest schedule by
+ which the Discharger will provide such additional pre-
treatment and/or implementation of additional operational
and maintenance activities.
(i) The schedule shall contain milestone dates
for the commencement and completion of major events
leading to the construction and operation of addi-
tional pretreatment required for the Discharger to
comply with the requirements of this Ordinance in-
cluding, but not limited to dates relating to hiring
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an engineer, completing preliminary plans, completing
final plans, executing contract for major components,
I � commencing construction, completing construction, and
all other acts necessary to achieve compliance with
this Ordinance.
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(ii) The time increments between milestone
dates established shall be the shortest practicable
for the completion of the required work. Under no
circumstances shall the Authority permit a time
increment for a single step in the compliance
schedule to exceed nine (9) months. The completion
' date in this schedule shall not be later than the
f
compliance date established for applicable
categorical pretreatment standards.
( bit) Not later than 14 days following each
jmilestone date in the schedule and the final date for
compliance, the Discharger shall submit a progress
fi
report to the Authority, including no less than a
statement as to whether or not it complied with the
{ i increment of progress represented by that milestone
date and, if not, the date on which it expects to
comply with this increment of progress, the reason
for delay, and the steps being taken by the Discharg-
er to return the construction to the approved
` q schedule. In no event shall more than 9 months
j
elapse between such progress reports to the
Authority.
(7) Unless exempted by the Authority, all Group I
and Group II Dischargers shall provide monitoring facili-
ties prior to approval of a permit application, to allow
inspection, sampling and flow measurement at each dis-
charge point. Each monitoring facility shall be located
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on the Discharger's premises; except in the case where
such location would be impractical or cause undue
hardship to the Discharger, the Authority may approve the
placement of monitoring facilities in the public street or
sidewalk area. All monitoring equipment and facilities
shall be maintained in a sate and proper operating condi-
tion at the expense of the Discharger.
Failure to provide proper monitoring facilities shall
be grounds for denial of a permit application.
(b) Permit Conditions
Wastewater Discharge Permits issued shall include as applica-
ble, but shall not be limited to, the following information:
( 1 ) Limits on the average ano maximum amount of
jcertain wastewater constituents to be discharged;
(2) Limits on average and maximum rate and time
of discharge and/or requirements for flow regulations
and equalization;
( 3) Requirements for installation and mainten-
ance of inspection and sampling facilities;
(4) Location of approved discharge points;
(5) Additional conditions as the Authority may
reasonably require under particular circumstances,
applying to the monitoring of a given discharge,
including sampling locations, frequency of sampling,
number, types, and standards for tests, laboratory
analysis method, and reporting schedule;
(6) Compliance schedules;
I (7) Requirements for submission of special
technical reports or discharge reports where same
aiiter from those prescribed by this Ordinance;
(a) Duration of Permit;
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(9) Limitation on Permit Transfer: Wastewater
Discharge Permits are issued to a specific Discharger
i for specific operation and are not assignable to
another Discharger of transferable to any other
location without the prior written approval of the
Authority.
(c) Reporting Requirements for Discharger
( 1 ) Baseline Report: Within 180 days following
the effective date for applicable Pretreatment
Standards set forth in this Ordinance or prior to
commencement of the introduction of wastewater into
the POTW by a New Discharger, any Discharger subject
to a Categorical Pretreatment Standard shall submit
to the Authority a report (in a torm provided by the
Authority) , indicating the nature and concentration
of all prohibited or regulated substances contained
1 in its discharge, and the average and maximum daily
flow in gallons. The report from existing Dischargers
i
shall state whether the applicable Categorical
Pretreatment Standards are being met on a consistent
basis and, if not, what additional 0&M and/or
pretreatment is necessary to bring the Discharger
into compliance with the applicable Categorical
Pretreatment Standards. This statement shall be
signed by an authorized representative of the
1 f Discharger, and certified by a qualified engineer
licensed in the State of Texas.
i (2) Periodic Compliance Reports: Any Discharger
! subject to a Categorical Pretreatment Standard made a
1 part of this Ordinance, after the compliance date of
such Pretreatment Standard, or, in the case of a New
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Discharger, after commencement of the discharge,
shall submit to the Authority, in a form to be pro-
} vided by the Authority, during the months of June and
L , December of each year, a report indicating the nature
and concentration of prohibited or regulated sub-
stances in the effluent which are limited by the
Pretreatment Standards hereof.
In addition, this report shall include a record
of all measured or estimated average and maximum
daily flows which, during the reporting period,
exceeded the average daily flow specified in
Section 5.b. ( 1 ) and (2) hereof. plows shall be re-
ported on the basis of actual measurement, provided
however, where cost or feasiblity considerations
3ustify, the Authority may accept reports of average
and max imura flows estimated by verifiable
techniques. The Authority, taking into consideration
such factors as local high or low flow rates, holi-
days, budget cycles, or other extenuating factors,
may authorize the submission of said reports on
months other than those specified above.
(3) Compliance Date Report: Within 90 days
Ifollowing the date for final compliance by the Dis-
charger with applicable Pretreatment Standards set
1 forth in this Ordinance or 90 days following com-
mencement of the introduction of wastewater into the
POTW by a New Discharger, any Discharger subject to
this Ordinance shall submit to the Authority a report
indicating the nature and concentration of all pro-
- hibited or regulated substances contained in its dis-
charge, and the average and ma)timum daily tlow in
i
gallons. The report shall state whether the
applicable Pretreatment Standards or Requirements are
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' being met
on a consistent basis and, if not, what
additional 0&M and/or pretreatment is necessary to
bring the Discharger into compliance with the
applicable Pretreatment Standards or Requirements.
This statement shall be signed by an authorized
•� representative of the Discharger, and certified to by
t
a qualified engineer licensed in the State of Texas.
Reports of Dischargers shall contain all results
of sampling and analysis of the discharge, including
I
� the flow rate, the nature and concentration of the
i constituents, or the production and mass of the con-
- stituents, where required by the Authority. The fre-
quency of monitoring by the Discharger shall be as
I prescribed in the applicable Categorical Pretreatment
4. Standard made a part of this Ordinance, or more
{
frequently as designated by the Authority.
Sampling shall be done in accordance with Stan-
dard Methods and 40 CFR, Part 136.
(d) Inspection and Flow Measurement
( 1 ) The Authority may inspect the facilities of
any Discharger to aetermine compliance with the re-
quirements of this Ordinance. The Discharger shall
f allow the Authority or its representatives to enter
upon the premises of the Discharger at all reasonable
hours, for the purposes of inspection, sampling, or
examination of record. The Authority shall have the
riynt to set up on the Discharger's property such
devices as are necessary to conduct sampling, inspec-
tion, compliance monitoring and metering or
I� measuring operations. The inspectors, agents or
! representatives of the Authority charged with the
dnforcement of this section shall be deemed to be
performing a governmental function for the benefit
and health and welfare of the general public and
neither the Authority nor any individual inspector,
agent or representative shall be held liable for any
loss or damage, whether real or asserted, caused or
alleged to have been caused as a result of the
performance of such governmental function. The
tailure or refusal of such owners or occupants to
I
comply with this provision shall be grounds for the
disconnection of water and/or sewer service to the
facility, pursuant to the enforcement and/or
termination of service provisions of this ordinance.
The industrial waste discharged or deposited
into the sanitary sewers shall be subject to periodic
inspection and sampling as often as may be deemed
necessary by the Authority. Samples shall be col-
lected in such manner as to be representative of the
character and concentration of the waste under
operational conditions. The laboratory methods used
in the examination of said waste shall be Standard
Methods or those set forth in 40 CFR, Part 136. The,
determination of the character and concentration of
industrial waste shall be made at such times and on
I I such schedules as may be established by the Author-
ity. Should a Discharger desire a determination of
the quality of such industrial waste be made at some
time other than that scheduled by the Authority, such
special determination may be made by the Authority at
the expense of the owner or occupant discharging the
_ waste.
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(2) Measurement of Flow: The volume of flow
used in computing abnormal sewage surcharges shall be
based upon metered water consumption or discharge as
shown in the records of meter readings maintained by
the Fort Worth Water Department.
{{ !� Where it can be shown to the satisfaction of the
I 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 Authority,,
then the Director may require or permit the installa-
tion of additional meters at the owner's expense in
such a manner as to measure the quantity of water
actually entering the said sanitary sewage system
trom the lot, parcel of land, building or premises of
such owner or occupant, and the quantity of water
used to determine the sewer service charge may be the
quantity of water actually entering the sewage system
as so determined, if the Director so elects.
Any Discharger 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 an eftluent meter or flow
measuring device of the type approved by the Director
for the purpose of determining the proper volume of
flow to be used in computing sewer service charges.
Such meters or measuring devices shall be read
monthly.
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
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manner or method he may tend practicable in order to
arrive at the percentage of water entering the sani-
tary sewage system of the Authority and/or the
quality of the sewage to be used to determine the
sewer service charge.
(e) Permit Modifications
( 1 ) The Authority reserves the right to amend any Waste-
water Discharge Permit issued hereunder in order to assure compli-
ance by the Authority with applicable laws and regulations. Within
nine (9) months after the promulgation of a Categorical Pretreatment
Standard, or within (9) nine months after the approval by EPA of the
Authority's Pretreatment Program where Categorical Pretreatment
Standards ace promulgated before EPA approval of the Authority's
Pretreatment Program, the Wastewater Discharge Permit of each Dis-
charger subject to such standards shall be revised to require com-
pliance with such standards within the time frame prescribed by such
standards.
(2) All Categorical Pretreatment Standards promulgated
and adopted by the EPA after the promulgation of this Ordinance
shall automatically become a part of this Ordinance. Where a Dis-
charger, subject to a Categorical Pretreatment Standard, has not
previously submitted an application for a Wastewater Discharge
Permit as required by Section 5.a. (2) above, the Discharger shall
apply for a Wastewater Discharge Permit from the Authority within
180 days after .the promulgation of the applicable Categorical Pre-
treatment Standard by the EPA. In addition, the Discharger with an
existing Wastewater Discharge Permit shall submit to the Authority
within 180 days after the promulgation of an applicable Categorical
Pretreatment Standard, the information required by Section 5.c. ( 1 ) ,
above. The Discharger shall be informed of any proposed changes in
his permit at least thirty (30) days prior to the effective date of
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change. Any changes or new conditions in the permit shall include a
' reasonable time schedule for compliance.
( f) Confidential Information
( 1 ) All information and data submitted by a Discharger to the
POTW may be submitted to Environmental Protection Agency, pursuant
to the Clean Water Act ana the regulations promulgated by the EPA,
governing the POTW. Such information shall be considered subject to
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public disclosure, provided, however, that the Discharger may
request that information not be subject to public disclosure, in
accoroance with 40 CFA Part 2, as follows:
(a) A Discharger may assert a business confi-
i
aentiality claim covering part or all of the inform-
ation, in a manner described below, and that inform-
(,
anon covered by such a claim will be disclosed only
by means of the procedures set forth below.
(b) If no claim of business confidentiality is
i asserted, all information will be subject to public
disclosure without further notice to the Discharger.
(2) method and time of asserting business confidentiality
j claim:
A Discharger which is submitting information to the
a Authority may assert a business confidentiality claim covering the
!� information by placing on (or attaching to) the information, at the
I time it is submitted to the Authority, a cover sheet, stamped or
9!
typed legend, or other suitable form of notice employing language
fsuch as "trade secret," "proprietary," or "company confidential."
fAllegedly confidential portions of otherwise nonconfidential
i� � ( documents should be clearly identified by the business, and may be
submitted separately to facilitate identification and handling by
lll� the Authority. If the business desires confidential treatment only
?,{ � until a certain date or until the occurrence of a certain event, the
({ i notice should so state.
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(3) Nothing in this section shall prevent the disclosure of
information and data regarding the nature and content of a Dis-
charger's effluent, and the frequency of discharge, or a standard or
limitation to be met by Discharger, and this information shall be
available to the public with no restrictions.
(4) The provisions of this section shall be subject to any
public disclosure requirements which may exist under Article
6252-17a, V. A. C. S.
{ "6. ENFORCEMENT
(a) Revocation of Permit
The Authority may revoke the permit of any Discharger which
fails to: (1) factually report the wastewater constituents and
characteristics of its discharge; (ii) report significant changes in
wastewater constituents or characteristics; (iii) allow reasonable
access to the Discharger's premises by representatives of the
Authority for the purpose of inspection or monitoring; or (iv) ful-
fill the conditions of its permit, or this Ordinance, or to obey any
final 3udicial order with respect thereto.
(b) Notification of Violation - Administrative Adjustment:
whenever the Authority finds that any Discharger has engaged in con-
duct which justifies revocation of a Wastewater Discharge Permit,
pursuant to Section 6(a) hereof, the Authority shall serve or cause
to be served upon such Discharger a written notice, either by per-
sonal aelivery or by certified or registered mail, return receipt
requested, stating the nature of the alleged violation. Within
thirty (30) says of the date of receipt of the notice, the Dis-
charger shall respond in person or in writing to the Authority,
advising of its position with respect to the allegations. There-
after, the parties shall meet to ascertain the veracity of the
allegations and where necessary, establish a plan for the satis-
factory correction thereof.
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i (c) Show Cause Hearing
Where the violation of Section 6(a) hereof is not corrected by
I means of Administrative Adjustment, the Authority may order any vio-
lating Discharger to show cause, before the Authority or its duly
authorized representative, why the proposed permit revocation action
should not be taken. A written notice shall be served on the Dis-
charger by personal service, certified or registered, return receipt
requested, specifying the time and place of a hearing to be held by
the Authority or its designee regarding the violation , the reasons
why the enforcement action is to be taken, the proposed enforcement
i
JI '� action, and directing the Discharger to show cause before the
I i Authority or its designee why the proposed enforcement action should
Illi i i not be taken. The notice of the hearing shall be served no less
J� than ten ( 10) days before the hearing. Service may be made on any
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agent, officer, or authorized representative of the Discharger. The
proceedings at the hearing shall be considered by the Authority
which shall then enter appropriate orders with respect to the
alleged improper activities of the Discharger.
(d) Right of Appeal of Administrative Ruling
Any Discharger or any interested party shall have the right to
request in writing an interpretation or ruling by the Authority on
}fM any matter covered by this Ordinance and shall be entitled to a
prompt written reply. In the event that such inquiry is by a
Discharger and deals with matters of performance or compliance with
this Ordinance or deals with a Wastewater Discharge Permit issued
pursuant hereto for which enforcement activity relating to an
alleged violation is the subject, receipt of a Discharger's request
shall stay all enforcement proceedings pending receipt of the afore-
said written reply.
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(e) Judicial Proceedings
Following the entry of any order by the Authority with respect
to the conduct of a Discharger contrary to the provisions of Section
6(a) hereof, the Attorney for the Authority may, following the
authorization of such action by the Authority, commence an action
for appropriate legal and/or equitable relief in an appropriate
court of competent jurisdiction.
(f) Emergency Suspension of Service 6 Discharge Permits
The Authority, may, for good cause shown, suspend was
treatment service to the Discharger's facility, when it appears to
the Authority that an actual or threatened discharge presents or may
present an imminent or substantial danger to the health or welfare
of persons, substantial danger to the environment, interfere with
the operation of the POTW, violate any pretreatment limits imposed
by this ordinance or any Wastewater Discharge Permit issued pursuant
to this ordinance. Any Discharger notified of the suspension of the
Authority's wastewater treatment service and/or the Discharger's
Wastewater Discharge Permit, shall within a reasonable period of
time, as determined by the Authority, cease all discharges. In the
event of the tailure of the Discharger to comply voluntarily with
the suspension order within the specified time, the Authority may
commence judicial proceedings to compel the Discharger's compliance
with such order or may immediately disconnect such Discharger's
service line from the City water and/or sanitary sewer system. In
the case of emergency disconnection of service, the Director shall
make reasonable attempt to notify the occupant or user of the
premises where such illegal discharge is generated before
I disconnecting the service line, and the party whose service has been
disconnected shall have an opportunity for a hearing on the issue of
the illegal discharge and the disconnection as soon as possible
after such disconnection has taken place.
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The Authority may reinstate the Wastewater Discharge Permit
iand/or the wastewater or water service upon proof by the Discharger
of the cessation of the non-complying discharge or elimination of
i
conditions creating the threat of imminent or substantial danger as
set forth above. The City water and/or wastewater service shall only
f be reconnected at the Dischargers expense.
j
I (g) Operating Upsets
i
Any Discharger which experiences an upset in operations which
places the Discharger in a temporary state of non-compliance with
this Ordinance shall inform the Authority thereof within 24 hours of
first awareness of the commencement of the upset. Where such infor-
mation is given orally, the Authority may at its discretion require
a written follow-up report thereof to be filed by the Discharger
with the Authority within five working days. The report shall
}
9 specify:
a +
1 1 ) Description of the upset, the cause thereof and
the upse.t's impact on a Discharger's compliance
status.
2) Duration of non-compliance, including exact
dates and times of non-compliance, and if the
non-compliance continues, the time by which
compliance is reasonably expected to occur.
3) All steps taken or to be taken to reduce, elim-
inate and prevent recurrence of such an upset or
i other conditions of non-compliance.
1 A documented and verified, bona fide operating upset shall be an
af-firmative defense to any enforcement action brought by the Authority
against a Discharger for any non-compliance with the Ordinance which
arises out of violations alleged to have occurred during the period
- of the upset.
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f
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1 1
(h) Recovery of Costs Incurred by the Authority
Any Discharger violating any of the provisions of this
Ordinance, or who discharges or -causes a discharge producing a de-
posit or obstruction, or causes damage to or impairs the Authority's
wastewater disposal system, shall be liable to the Authority for any
expense, loss, or damage caused by such violation or discharge. The
Authority shall bill the Discharger for the costs incurred by the
Authority for any cleaning, repair, or replacement work caused by
the violation or discharge.
(i) Falsifying Information
Any person who knowingly makes any false statement, represent-
ation or certification in any application, record, report, plan or
other document filed or required to be maintained pursuant to this
Ordinance, or who falsifies, tampers with, or knowingly renders in-
accurate any monitoring device or method required under this Ordin-
ance, shall, upon conviction be punished by the imposition of a fine
of not more than $200 for each offense.
7. MISCELLANEOUS
t (a) Removal Credits
I Where applicable, the Authority may elect to initiate a program
of removal credits as part of this Ordinance to reflect the POTW's
ability to remove pollutants in accordance with 40 CFR Part 403.7.
(b) Net/Gross Calculations
The Authority may elect to adjust Categorical Pretreatment
Standards to reflect the presence of pollutants in the Discharger's
intake water, in accordance with 40 CFR Part 402. 15.
l (c) Preservation of Records
All Dischargers subject to this Ordinance shall retain and pre-
serve for no less than three (3) years, any records, books, docu-
ments, memoranda, reports, correspondence and any and all summaries
thereof, relating to monitoring, sampling and chemical analyses made
by or on behalf of a Discharger in connection with its discharge.
E
I I
1
t
t
i
r
i •
4
All records which pertain to matters which are the subject of
Administrative Adjustment or any other enforcement or litigation
activities brought by the Authority pursuant hereto shall be re-
twined and preserved by the Discharger until all enforcement activ-
ities have concluded and all periods of limitation with respect to
any and all appeals have expired.
(d) Costs of Administering Program
The Authority may make such charges, known as monitoring and
pretreatment charges, as are reasonable for services rendered in
administering the programs outlined in this ordinance. Such charges
may include, but are not limited to, the following:
( 1 ) permitting industrial facilities
(2) inspection
(3) sample analysis
(4) monitoring
(5) enforcement
(e) Right of Revision: The Authority reserves the right to
amend this Ordinance to provide for more or less stringent
limitations or requirements on discharges to the POTW where deemed
necessary to comply with the objectives set forth in Section 2 of
this Ordinance. "
SECTION II.
That this Ordinance shall repeal every prior Ordinance and pro-
vision of the Fort Worth City Code in conflict herewith but only in-
sofar as any portion of such prior Ordinance or provision shall be
in conflict, and as to all other Ordinances or provisions of the
Fort Worth City Code not in direct contlict herewith, this Ordinance
shall be and is hereby made cumulative.
SECTION III.
That all rights or remedies of the City of Fort Worth, Texas,
are expressly saved as to any and all violations of Chapter 29 or of
any amendments thereto, of the Fort worth City Code ( 1964) , as
-29-
1
amended, which have accrued at the time of the effective date of
this Ordinance; and as to such accrued violations, the Court shall
have all of the powers that existed prior to the effective date of
this Ordinance.
SECTION IV.
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 unconstitu-
tional 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 V.
That the violation of any provision of this Ordinance or of the
Fort Worth City Cooe relating to sewee service shall be deemed an
offense and punishable by a fine not exceeoing Two Hundred Dollars
($200) , and each violation hereof, and each day on which there is a
failure to comply with the terms of this Ordinance shall be and is
hereby declared to be a distinct and separate offense and punishable
as such.
SECTION VI.
That the City Secretary of the City of Fort Worth is hereby di-
rected to publish the caption, penalty clause and effective date of
this Ordinance for five (5) days in the official newspaper of the
City of Fort Worth, as authorized by Article 1176b-1 Revised Civil
Statutes of Texas.
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{i
f
ORDINANCE NO.
S
AN ORDINANCE AMENDING ORDINANCE NO. 8895, REGULATIONS AND
RATES GOVERNING INDUSTRIAL WASTEWATERS, BY AMENDING SEC-
TION V; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLL-
MENT; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
( TEXAS:
SECTION 1 .
That Ordinance No. 8895, Regulations and Rates Governing
Industrial Wastewaters, Section V, be and is hereby amended and,
i
after having been so amended, shall hereafter read and be as fol-
lows:
"Section V
"Any person, firm or corporation who violates, dis-
obeys, 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 One Thousand
Dollars ($1 ,000.00 ) for each offense, and each violation
hereof, and each day on which there is a failure to comply
with the terms of this ordinance, shall be and is hereby
declared to be a distinct and separate offense and punish-
able as such."
SECTION 2.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1964), 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 3.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
Ordinance No. 8895, or any other ordinances affecting industrial
wastewaters, 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
Ordinance No. 9447
Page 2 of 2
not, under such ordinances, same shall not be affected by this ordi-
nance boL may be prosecuted until final disposition by the courts.
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 unconstitu-
tional 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.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption and
Sections 1 and 7 in the minutes of the City Council and by filing
the ordinance in the ordinance records of the City.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption and Sections 1 and 7 of this otdi-
nance for two (2) days in the official newspaper of the City of Fort
Worth, Texas, as authorized by Art. 1176b-1 , Revised Civil Statutes
of Texas.
SECTION 7.
This ordinance shall be in full force and effect from and
- after its passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: lee
ADOPTED: 1S -
EFFECTIVE:
-2-
uity ,of Fort Worth, `i exas
Mayor and Council Communication
DATE REFERENCE SUBJECT: I PAGE
NUMBER NEW WHOLESALE
4-7-87 C-10266 WASTEWATER CONTRACTS I of _3_
Recommendation
It is recommended that the City Council authorize the City Manager to execute new
wholesale sewer contracts with each of twenty-three (23) individual wholesale sewer
customers on the basis of the uniform contract for wholesale sewer service attached hereto
and special exceptions explained herein.
Background
Over the past three years, the City of Fort Worth has been involved actively in developing
a uniform service contract for the provision of wholesale sewer service to other local
governmental entities within its service area. The objective of developing a new contract
has been to replace the existing sewer contracts with a new uniform contractual agreement
that puts all participating customers on equal footing in terms of rates, billing procedures,
sampling methods, etc.
By means of intensive negotiations between Fort Worth and the wholesale customers during
March and April, an acceptable uniform contract for wholesale sewer services has been
agreed upon. The Tarrant County Mayors' Council voted on Monday, April 27, 1987, to
accept and approve the uniform contractual document. The following customers will
be offered these new contracts:
1. Arlington 13. Pantego
2. Benbrook Water & Sewer Authority 14. Richland Hills
3. Burleson 15. River Oaks
4. Crowley 16. Saginaw
5. Edgecliff Village 17. Saginaw Park Utility Company
6. Everman (Blue Mound)
7. Forest Hill 18. Sansom Park
8. Haltom City 19. Tarrant County M.U.D. No. 1
9. Hurst 20. Trinity River Authority
10. Kennedale 21. Westover Hills
11. Lake Worth 22. Westworth Village
12. N. Richland Hills 23. White Settlement
It now remains for Fort Worth and the participating wholesale customers to officially
execute new contracts. The first step in this process is for the City Council to approve
the uniform contract that is the product of the negotiations.
Once the uniform contract is approved, however, it still will require unique modifications
for several of the wholesale customers before the respective contracts can be executed
officially. These modifications, or special exceptions, are required to recognize certain
legal differences between the Customers and to acknowledge any special agreements
that may be required between Fort Worth and its customers. For example, nine (9)
wholesale customers will have their respective contributions "bought back" by Fort Worth;
this will require special contract language. A summary of the various exceptions to the
uniform contract is detailed below:
DATE REFERENCE SUBJECT: NEW WHOLESALE PAGE
NUMBER
4-7-87 C-10266 WASTEWATER CONTRACTS _ 2 0� _ 3
Special Condition Wholesale Customer Affected
1. The uniform contract can be used
unchanged. Kennedale
Pantego
Richland Hills
Sansom Park
Westworth Village
2. The price and terms for the contribution Arlington
buy-back arrangement must be specified. Benbrook Water & Sewer Authority
Burleson
Crowley
Haltom City
Hurst
Lake Worth
North Richland Hills
Saginaw
Tarrant County M.U.D. No. 1
3. Contract must recognize that Customer Benbrook Water & Sewer Authority
cannot pass ordinances, or grant easements, Saginaw Park Utility Company
but must nevertheless insure that (Blue Mound)
Customer can abide by all terms of Tarrant County M.U.D. No. 1
the contract within its service area. Trinity River Authority
4. Certain sections of previous contracts Arlington
other than the original wholesale contract Burleson
must remain in force. Crowley
Edgecliff Village
Forest Hill
Saginaw
Trinity River Authority
White Settlement
5. Agreement must be a "three party" Saginaw Park Utility Company
contract between Fort Worth, private utility (Blue Mound)
(Customer) and city served by the private
utility.
6. Contract must allow for situations where Arlington
Customer may be required to serve Benbrook Water & Sewer Authority
Fort Worth customers, and must Burleson
specify any special billing credit/ Everman
debit arrangements. Forest Hill
Lake Worth
River Oaks
Trinity River Authority
DATE REFERENCE SUBJECT: PAGE
NUMBER NEW WHOLESALE
4-7-87 C-10266 WASTEWATER CONTRACTS 3 °r 3
Special Condition Wholesale Customer Affected
7. Contract must require Fort Worth to Tarrant County MUD No. 1
inspect all new lines constructed by
Customer and Fort Worth must insure that
lines are sized to serve entire drainage area.
8. Contract must specify whether Fort Worth Westover Hills
or Customer has responsibility to operate
and maintain Customer system.
The twenty-three (23) wholesale sewer contracts are drafted according to the approved
uniform contract and these various exceptions. After approval of this M&C, the final
contracts incorporating the uniform agreement and any exceptions will be sent to each
participating wholesale customer.
The deadline for executing the contract will be the same as the effective date of the
contract, June 1, 1987. In a transmittal letter from the Mayor, each customer will be
requested to return signed contracts to Fort Worth no later than June 1, 1987.
The first billing for volume and strength charges under the new contract will be on July
1, 1987. The first accrued system access fee payment from each participating customer
will be due on October 31, 1987, for all new or enlarged sewer connections added between
June 1st and September 30th, 1987
RAM:hl
SUBMITTED FOR E
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: ❑ APPROVED
ORIGINATING OTHER (DESCRIBE)
DEPARTMENT HEAD: Richard Sawey CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT: R. Sawey 8202 DATE