HomeMy WebLinkAboutOrdinance 26888-04-2024ORDINANCE NO.26888-04-2024
AN ORDINANCE AMENDING CHAPTER 12.5, "ENVIRONMENTAL
PROTECTION AND COMPLIANCE," ARTICLE VI "INDUSTRIAL
WASTEWATER" OF THE CODE OF THE CITY OF FORT WORTH,
TEXAS (2015), AS AMENDED, BY AMENDING SECTION 600
"DEFINITIONS" AND SECTION 610 "DISCHARGES TO THE CITY OF
FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT
FACILITY" TO PROHIBIT THE DISCHARGE OF PER -AND
POLYFLUOROALKYL SUBSTANCES, COMMONLY REFERRED TO AS
PFAS, INTO THE CITY'S VILLAGE CREEK WASTEWATER
TREATMENT FACILITY; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
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
program designed to prevent the introduction of pollutants into the City's wastewater system that
will interfere with its operation; and
WHEREAS, the purposes of the pretreatment program include protecting the health and
safety of City personnel and the general public, protecting the Publicly Owned Treatment Works,
promoting the reuse and recycling of industrial wastewater and sludge, and enabling the City to
comply with federal and state regulations; and
WHEREAS, pursuant to Section 12.5-610 of the City Code, local pollutant limits on
industrial discharge are established and permits for certain significant discharges are required to
protect the health and safety of the City's wastewater and system; and
WHEREAS, per -and polyfluoroalkyl substances (PFAS) are a class of man-made
chemicals that do not naturally break down and have been linked to negative health and
environmental outcomes; and
WHEREAS, the United States Environmental Protection Agency (EPA) has identified
reducing the amount of PFAS introduced into wastewater and wastewater systems by industries as
a key component of its overall strategy to remediate PFAS pollution, in addition to regulating
PFAS through other federal regulations and laws; and
WHEREAS, the EPA has issued guidance for Best Management Practices for reducing or
eliminating PFAS discharges into wastewater and wastewater facilities in conjunction with federal
regulations; and
WHEREAS, the City desires to restrict PFAS discharges into City wastewater and
facilities to allowable amounts in accordance with federal regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
Industrial Wastewater Discharge Ordinance Amendment Ordinance No. 26888-04-2024
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OF FORT WORTH, TEXAS THAT:
SECTION 1.
Chapter 12.5, "Environmental Protection and Compliance," Article VI "Industrial
Wastewater," Division 1, "General Provisions," Section 12.5-600 "Definitions" of the Code of the
City of Fort Worth, Texas (2015), as amended, is hereby amended to add the following definition:
PER AND POLY-FLUOROALKYL SUBSTANCES (PFAS). The following group of synthetic
chemicals used in industrial and consumer products which do not degrade easily in the
environment: Perfluorooctanoic Acid (PFOA), Perfluorooctane Sulfonic Acid (PFOS),
Perfluornonanoic Acid (PFNA), Perfluorohexane SuIfonate (PFHxS), Perfluorooutane Sulfonate
(PFBS), and Perfluorohexanoic Acid (PFHxA).
SECTION 2.
Chapter 12.5, "Environmental Protection and Compliance," Article VI "Industrial
Wastewater," Division 2, "Discharge Prohibitions and Limitations," Section 12.5-610 "Discharges
to the City of Fort Worth Village Creek Wastewater Treatment Facility" of the Code of the City
of Fort Worth, Texas (2015), as amended, is hereby amended to amend Subsection (b) to be and
read as follows:
(b) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not
limited to, waste streams with a closed -cup flashpoint of less than 140°F (60°C) using the
test methods specified in 40 C.F.R. § 261.21;
(2) Wastewater having a pH less than 5.0 or more than 12.0, or otherwise causing
corrosive or structural damage to the POTW or equipment;
(3) Solid or viscous substances in amounts which will cause obstruction of the flow in
the POTW resulting in interference but in no case solids greater than one-half inch in any
dimension;
(4) Oil and grease.
a. Petroleum oil, non -biodegradable cutting oil, or non -polar products of
mineral oil origin in concentrations greater than 200 mg/L;
b. Visible free floatable polar oils, fats, or grease or a concentration greater
than 250 mg/L in wastewater discharged from industrial or commercial facilities
into the POTW; and
C. In no case shall discharges in amounts that cause interference or operational
problems with the POTW be allowed:,;
Industrial Wastewater Discharge Ordinance Amendment Ordinance No. 26888-04-2024
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(5) Pollutants, including oxygen -demanding pollutants (BOD, etc.), released in a
discharge at a flow rate and/or pollutant concentration which, either singly or by interaction
with other pollutants, will cause interference with the POTW;
(6) Wastewater having a temperature greater than 150°F (65°C), or which will inhibit
biological activity in the treatment plant resulting in interference, but in no case wastewater
which causes the temperature at the introduction into the treatment plant to exceed 104°F
(40°C);
(7) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause interference or pass through;
(8) Pollutants which result in the presence of toxic gases, vapors, or fumes within the
POTW in a quantity that may cause acute worker health and safety problems;
(9) Industrial Waste
a. Trucked or hauled industrial waste, except as approved in writing by the
director; or
b. Trucked or hauled waste from any industrial activities/processes regulated
by any specific category listed in 40 Code of Federal Regulations (40 CFR) Parts
405 — 471 with detectable quantities of PFAS;
(10) Noxious or malodorous liquids, gases, solids, or other wastewater which, either
singly or by interaction with other wastes, are sufficient to create a public nuisance or a
hazard to life, or to prevent entry into the sewers for maintenance or repair;
(11) Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of ten parts per million
in water.
(12) Wastewater which imparts color which cannot be removed by the treatment process,
such as, but not limited to, dye wastes and vegetable tanning solutions;
(13) Wastewater containing any radioactive wastes or isotopes except in compliance with
applicable state or federal regulations;
(14) Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface
drainage, condensate, deionized water, noncontact cooling water, and unpolluted
wastewater, unless specifically authorized by the director;
(15) Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(16) Medical wastes, except as specifically authorized by the director in a wastewater
discharge permit;
Industrial Wastewater Discharge Ordinance Amendment Ordinance No. 26888-04-2024
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(17) Wastewater causing, alone or in conjunction with other sources, the treatment plant's
effluent to fail a toxicity test;
(18) Detergents, surface-active agents, or other substances which may cause excessive
foaming in the POTW;
(19) Swimming pool drainage from private residential pools. Swimming pool drainage
from public and semi-public swimming pools may be discharged to the POTW with the
prior consent of the director. Swimming pool filter backwash may be discharged to the
POTW; er
(20) BTEX concentration greater than 1.0 mg/Lr; or
(21 Any HAS or PFAS-related substances above baseline collection system
concentrations of 25 n /L without an approved plan of correction as defined in the
dischargers hermit, which employs "Best Management Practices" (BMPs) to reduce or
eliminate the pollutants within one year of detection/notification.
SECTION 3.
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 provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of Code of the City of Fort Worth 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 5.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
Industrial Wastewater Discharge Ordinance Amendment Ordinance No. 26888-04-2024
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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 exists shall constitute a separate offense.
SECTION 7.
The City Secretary of the City of Fort Worth, is hereby directed to publish the caption,
penalty clause, and effective date of this ordinance for two (2) days in the official newspaper of
the City of Fort Worth, Texas as authorized by Section 52.013(a) of the Texas Local Government
Code.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
�.0
Kevin Anders
Assistant City Attorney I
ADOPTED: April 23, 2024
EFFECTIVE: U�
.lannette S. Goodall
City Secretary
Industrial Wastewater Discharge Ordinance Amendment Ordinance No. 26888-04-2024
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/23/24 M&C FILE NUMBER: M&C 24-0360
LOG NAME: 60INDUSTRIAL PRETREATMENT ORDINANCE
SUBJECT
(ALL) Adopt Ordinance Amending the City Code, Chapter 12.5, Environmental Protection and Compliance, Article VI, Industrial Wastewater, to
Add a Definition of Per -and Polyfluoroalkyl Substances and to Establish Specific Prohibitions for Wastewater Discharges Containing Per -and
Polyfluoroalkyl Substances into the Village Creek Wastewater Treatment Facility
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 12.5-610 of Article VI, Industrial Wastewater, regulating discharges into the Village Creek Wastewater Treatment
Facility.
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 (EPA) pretreatment regulations found in Chapter 40 Code of Federal Regulation
(CFR) Section 403, and has subsequently approved amendments as necessary in November 1995, March 2003, July 2006, January 2009,
January 2012, and May 2021. Article Vl of the City Code regulates commercial and industrial facilities, as well as describes the prohibitions and
limitations for wastewater discharged into the City of Fort Worth Village Creek Wastewater Treatment Facility.
Per -and polyfluoroalkyl substances (PEAS) are a class of man-made chemicals which do not naturally break down and have been linked to
negative health and environmental outcomes. The EPA has identified multiple approaches to reduce PFAS pollution. Reducing the amount of
PFAS introduced into wastewater is one approach. The EPA has issued guidance for reducing PFAS discharges into wastewater and wastewater
facilities in conjunction with federal regulations. To accommodate this guidance addressing the introduction of PFAS into wastewater, Article VI,
Industrial Wastewater has been amended to include a definition of PFAS along with limitations on wastewater discharges with detectable
quantities of PFAS in trucked or hauled waste as a prohibited pollutant or substance and established limitations on discharges from other sources
where PFAS is above baseline collection system concentrations unless an approved plan of correction using "Best Management Practices"
(BMPs) is implemented to reduce or eliminate the pollutants within one year of detection/notification.
This project is located in ALL COUNCIL DISTRICTS.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION-1 CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manages Office bw, Fernando Costa 6122
Originating Business unit Head: Chris Harder 5020
Additional -information Contact: Jerry Pressley 8257
Expedited