HomeMy WebLinkAboutContract 14301 CITY SECRETARY
CONTRACT [�
AMENDMENT TO CONTRACT
FOR WASTEWATER SERVICES
CITY SECRETARY CONTRACT NO. 8632
STATE OF TEXAS § CITY OF FORT WORTH
COUNTY OF TARRANT § TRINITY RIVER AUTHORITY OF TEXAS
WHEREAS, the City of Fort Worth, Texas (the "City") , has duly
executed and entered into a contract dated as of the 20th day of
February 1976 with the Trinity River Authority of Texas (the
"Authority") , providing for wastewater service to the City (the
"Contract") , which contract is also known as City Secretary Contract
No. 8632, to which contract reference is hereby made for all pur-
poses; and
WHEREAS, on June 26, 1978, the United States Environmental
Protection Agency published a rule (amended January 28, 1981 ) which
established mechanisms and procedures for enforcing National
Pretreatment Standards controlling the introduction of wastes from
non-domestic sources into publicly owned treatment works (POTWs) ;
and
WHEREAS, this rule, 40 CFR 403, requires that a pretreatment
program be developed for the Central Regional Wastewater System; and
WHEREAS, the Authority, as the operator of a POTW, must comply
with Rule 40 CFR 403; and
WHEREAS, City endorses the implementation of a pretreatment
program as required by 40 CFR 403 for the Central Regional
Wastewater System; and
WHEREAS, it is deemed necessary that Sections 1 , 4 and 8 of the
Contract be amended to comply with 40 CFR 403.
NOW, THEREFORE, in consideration of the mutual covenants and
promises contained herein, the City of Fort Worth, acting by and
through David Ivory, its duly authorized Assistant City Manager, and
the Trinity River Authority of Texas, acting by and through Danny
Vance, its duly authorized General Manager, agree as follows:
ofFICIAL RECORD
i
CrfY SECRETARY
1 .
The above referenced contract, known as City Secretary Contract
0o. 8632, no file in the office of the City Secretary of the City of
Fort Worth, is hereby amended at Section 1 .01 to include the follow- .
imJ definitions:
" (bb) Industrial D (IO) Any zaoo including but not
limited to any individual, firm, partnership, corpo-
ration, association, municipality or any other legal
entity, who discharges or desires to discharge indus-
trial wastes to the Central Regional Wastewater
System.
"(cc) POTW - Publicly Owned Treatment Works, as defined in �
&O CFR 403.
,
" (dd) Significant Industrial User (GIU) - Any industrial
oaec who is connected or desires to onuoeot to the
City's domestic wastewater collection system and .
meets at least one of the following criteria:
(i) Average industrial wastewater discharge rate
greater than 50,000 gpd.
(ii) BOo suspended solids concentrations in
industrial wastewater greater than 250 mg/1 .
(iii) Industrial category regulated by National
Pretreatment Standards as promulgated by the
United States Environmental protection Agency.
" (ee) Total Toxic Ozgaoioa - The sum of all detected con-
centrations greater than 10 micrograms per liter for
all organic compounds classified as priority pollu-
tants by the United States Environmental Protection
Agency."
2.
That City Secretary Contract 0o. 8632 is further amended by
substituting the following in lieu of Section 4.03(a) thereof and,
after such amendment, Section 4.03(a) shall read as follows:
| "To enable the highest degree of treatment in the
�
most economical manner possible and to I with Federal
and State regulations, certain I1u liquids and gases
are hereby prohibited from entering Authority's system in
excess of standards as set by said Federal and State regu-
lations. The prohibitive discharges listed below shall
apply at the points of entry.
"Federal and State ulatagencies periodically
modify standards on prohibitive discharges; therefore,
revision to, additions to or deletions from the items
listed in this section will become necessary to comply
with these latest standards. It is the intention of this
contract that prohibitive discharge requirements be
reviewed periodically by Authority and revised in accor-
dance with the latest standards of any federal or state
�
-2-
agency having regulatory powers. Any required revisions
abaII be made and written notice thereof given to the
City. City shall be responsible for integrating such
changes into the local industrial waste ordinance and
notifying �II affected oanra of the change within ninety
^ - following written ti
(9O> days mv ug *z eo oo oe to the City of such
change."
~^
'
That City Secretary Contract 0o. 8632 is further amended by
substituting the following in lieu of Section 4.03(o) (x) thereof
and, after such amendment, Section 4.03(c) <x) obaII read as follows:
"(x) Any wastes or waters exceeding the concentra-
tions listed below:
Maximum Allowable Concentration (mg/l_)_
24-Hour Flow .
Weighted Composite
Pollutant Sample Grab Sample
Arsenic 0. 100 0.200 ~
Barium 2.000 4.000
000
Boron 1 .000
Cadmium 0.100 0.250
Chromium (total) 3.500 7.000
Copper 2-500 5.000
Cyanides 1 .000
Hydrogen Sulfide 1 .000 1 .000
Lead 2.000 4.000
Manganese 3.500 7.000
Mercury 0.008 0.008
Nickel 1 .500 3.000
Selenium 0.050 0.100
Silver 0.250 0.500
zinc 2.500 5.000
Total Toxic Organics %.00O"
4.
That City Secretary Contract No. 8632 is further amended by
substituting the following in lieu of Section 4.04 thereof and,
after such amendment, Section 4.04 shall read as follows.
|
"Section 4.04. TESTING QUALITY. To determine quality
of wastewater, Authority will collect twenty-four (24)
hour composite samples of wastewater at each point of
entry and cause same to be analyzed in a000zdouoe with
testing procedures as set forth in the latest edition of
Standard Methods of Examination t Water and Wastewater,
published by American Public Health Association, Inc.
Composite samples will normally be taken once a month, or
at more ^r=y"=^^^ ^'^^~^`~l~ if ^^^------^ — determine
wastewater quality. Such wastewater shall not exceed the
limits of concentration specified for normal wastewater as
follows:
-3-
Normal
B0D 250
G8 250 mg/1
pH, not less than 6 nor greater than 10
Hydrogen Sulfide 1 .0 mg/1 "
Should the analysis disclose concentrations higher than those
listed, Authority will at once inform City of such disqualifica-
tion. It shall be the obligation of City to require the offending
discharger of said highly concentrated materials to undertake �
�
remedial measures to bring dlonbacgn concentrations within accept-
able limits. Authority will cooperate with City in reaching a satis-
factory solution but will not undertake to specify the measures that
will be employed to bring those over-strength discharge concentra-
tions within acceptable limits. In some cases of over-strength
industrial Waste, the industry discharging the over-strength waste,
and City, may be desirous, and Authority may be agreeable to negoti-
ate terms under which Authority will accept and treat the over-
strength wastes, but Authority makes no commitment to perform such
service.
' 5.
That City Secretary Contract No. 8632 is further amended by
substituting the following in lieu of Section 4.06 thereof and,
after such amendment, Section 4.06 obaII read as follows:
"Section 4.06, INDUSTRIAL WASTES. The effects of cer-
tain types of industrial waste upon wastewater and waste-
water treatment processes are such as to require that
careful consideration be made of each industrial connec-
tion. This is a matter of concern both to Authority and to
City. The City covenants that it will have in effect and
will enforce an industrial waste ordinance in accordance
with Federal and State regulations or departments having
IanfoI jurisdiction to set standards for waste discharges.
� "City shall, by ordinance, require all GID`s that
ultimately discharge into the Authority wastewater system
to obtain an industrial waste discharge permit.
"Authority shall be provided a copy of the applica-
tion and permit within 14 days after iaauance. No indus-
trial user shall be allowed to connect to the sewer system
discharging to the Central Regional Wastewater System
without at least 30 days prior notification being given by
the City to the Authority of the intent to connect. The
City also agrees to provide the Authority with information
�
pertaining to the expected volume and composition of the
new discharge.
-4-
"City agrees to implement and enforce U.S. Environ-
mental Protection Agency approved pretreatment program
with respect to IU's discharging into the Authority' s
system and to submit monitoring data, inspection records,
enforcement actions and other relevant data to the
Authority on a quarterly basis. At the effective date of
this amendment the applicable City ordinance provisions
appear in Chapter 29, Article XII of the Code of the City
of Fort Worth, which provisions are incorporated herein as
if copied word for word and made a part of this Amendment
to Contract. Any future ordinances or ordinance amendments
relating to industrial discharges, prohibited or con-
trolled wastes or pretreatment requirements shall apply to
the Amendment to Contract as if in effect at the effective
date of this Amendment to Contract, provided such changes
are consistent with applicable State and Federal regula-
tions."
6.
The parties hereto specifically agree that, in case any one or
more of the sections, subsections, provisions, clauses or words of
this Contract or the application of such sections, subsections, pro-
visions, clauses or words to any situation or circumstance should
be, or should be held to be, for any reason, invalid or unconstitu-
tional, under the laws or constitutions of the State of Texas or the
United States of America, or in contravention of any such laws or
constitutions, such invalidity, unconstitutionality or contravention
shall not affect any other sections, subsections, provisions,
clauses or words of this Contract or the application of such sec-
tions, subsections, provisions, clauses or words to any other situa-
tion or circumstance, and it is intended that this Contract shall be
severable and shall be construed and applied as if any such invalid
or unconstitutional section, subsection, provision, clause or word
had not been included herein, and the rights and obligations of the
parties hereto shall be construed and remain in force accordingly.
7.
City agrees that U.S. Environmental Protection Agency Pretreat-
ment Program for Industrial Wastes will be maintained to insure con-
tinuing approval from the EPA.
8.
City agrees to seek injunctive relief, as well as all other
avenues of relief as may be provided by the City Code, against those
-5-
ID/e whose discharge interferes with the Authority's treatment sys-
tem. poses an imminent danger to public health or when the specific
industry is not making sufficient progress toward compliance or com-
pleting a City approved pretreatment plan.
9.
City agrees that Authority shall have the right to sample
wastewater discharges at points of entry for the purpose of deter-
mining the type and strength of discharges. �
�
10.
City agrees to seek legal recourse, as well �o any other avail-
able administrative remedies, against any individual IO found in
violation of allowable discharges or who refuses anneaa for the pur-
pose of sampling, nbiob recourse may include termination of waste-
water service to that IU/ provided, however, that the violating In
shall be afforded all rights to notice, bearing, appeal and defi-
ciency cure periods nbinb are provided in City ordinances, rules or
regulations. City agrees to provide public notification for in-
stances of violation as required in 40 CFD 403.
11 .
All provisions contained herein are in addition to those con-
tained in the Contract entered into between the parties dated
February 20, 1976. These amendments and the original Contract,
except those provisions in the original Contract which have been
specifically amended, shall be construed as a single agreement. DJI
terms and provisions of City Secretary Contract No. 8632 not amended
herein shall remain in foII force and effect.
IN WITNESS WHEREOF, the parties hereto, acting under authority
of their respective governing bodies, have caused this Amendment to
City Secretary Contract 0o, 8632 to be duly executed -in several
/
-6-
counterparts, each of which shall constitute an original, all as of
the day of
19 0%7
ATTEST: TRINITY RIVER AUTH R Y OF TEXAS
By:
JAC C. WORSHAM, Secretary DANNY F. V N E, General
Bo d of Directors Manager
v I
rinity River Authority of Texas
ATTEST: CITY OF FORT WORTH
z By )La/ 4 -
City Secretary D&-Vid A. Ivory
Assistant City Man 4)-
er
APPROVED AS TO FORM AND LEGALITY:
(�ity Attorney
Date:
APPROVED BY CITY COUNCIL
22- G'tt Secretary
-7-
City of Dort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: Pretreatment program - Trinity PAGE
NUMBER
1/22/85 **C-8821 River Authority of Texas (TRA) iof 1
All publicly owned wastewater treatment facilities with a capacity of more than
5 million gallons per day are required to develop and implement a pretreatment
program as required by the U. S. Environmental Protection Agency General Pre-
treatment Regulations for Existing and New Sources of Pollution. The Trinity
River Authority (TRA) is in the process of developing its program, and, as a
wastewater service contracting customer with TRA, the City of Fort Worth is
required to amend the existing contract with TRA (City Secretary Contract No.
8632) to include pretreatment program requirements. The proposed contract
amendment will require the City to implement a pretreatment program, to issue
permits to industries that discharge to the TRA system in accordance with the
TRA limitations and to send information on such industries to TRA.
The Water Department has already obtained City Council approval (M&C C-7034),
and approval from the Environmental Protection Agency, to conduct a pretreat-
ment program for the City of Fort Worth. As part of this program, the Water
Department will be performing most of the pretreatment program work required by
the TRA contract amendment. The transfer of information for industries that
discharge to the TRA system (presently 3 industries) should require little
additional resources from the Water Department staff..
Recommendation
It is recommended that the City Council authorize the City Manager to approve
an amendment to City Secretary Contract No. 8632 between the City of Fort Worth
and Trinity River Authority of Texas to include the pretreatment program
requirements of the TRA.
DAI:pmcd
SUBMITTED FOR TH - i DISPOSITION BY COUNCIL: PROCESSED BY
CITY MANAGER'S
t7FFICE BY: ` d � rr [I APPROVED
ORIGINATING ❑ OTHER (DESCRIBE)
DEPARTMENT HEAD: Richard Sawey CITY SECRETARY
FOR ADDITIONAL INFORMA[`§N
CONTACT: James Scanlan Ext. 8203 DATE