HomeMy WebLinkAboutContract 13395iOCT 261983
AMENDMENT TO CITY SECRETARY CONTRACT NO. 5280
STATE OF TEXAS CITY SECRETARY
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COUNTY OF TARRANT § DORTRACT
WHEREAS, on May 16t 19 65 , the City of Fort Worth
and the City of North Richland Hills entered into City
Secretary Contract No. 5280 whereby the City of Fort Worth
agreed to provide the City of North Richland Hills with
connection to its sanitary sewer collection systems 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 maasuren 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 Citv of North Richland Hills
now mutually desire to amend City Secretary
Contract No. 5280 to provide -for the
adoption of appropriate ordinances and for other
Participation by City of North Richland Hills 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
Citv of Borth Richland Hills , acting by and through Dick Faram
its duly authorized Mayor
do hereby covenant and agree as follows:
1.
City Secretary Contract No. 5280 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 Seven thereof,
and, after such amendment, Section Seven of City Secretary
Contract No. 5280 shall read and be as follows, to wit:
7 . 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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tion occurs, City will notify Customer of the existence
thereof, and the Customer covenants and agrees to correct
same. Customer further covenants and agrees to pay excess
wastewater strength charges for its wastewater which has a
strength of greater than normal sewage, according to the
applicable rate charged to industrial customers in the
monitored group, according to Chapter 37 of the Code of
the City of Fort Worth, or to pay a charge according to
rates specified in this contract, whichever sum is
greater. The definition of the term "Normal Sewage
Strength" shall be the same as is found in Chapter 37 of
the Code of the City of Fort Worth.
"B. WASTEWATER QUALITY
"1. Industrial discharges and prohibited wastes.
Customer agrees that Fort Worth has the authority to es-
tablish:
(i) types and quantities of discharges that are
prohibited for entry into the Fort Worth
wastewater system;
(ii) discharge prohibitions for certain sub-
stances, as may be amended from time to
time;
(iii) pretreatment requirements for industries
who discharge prohibited substances.
Customer shall require all industrial users that ultimate-
ly discharge into the Fort Worth wastewater system to
obtain an industrial waste discharge permit. Such permit
shall require industrial users to abate prohibited sub-
stances from their waste stream as a condition to dis-
charging wastewater into Customer's collection system. The
permit application shall, as a minimum, contain the fol-
lowing information:
1. Name and address of industry;
2. Type of industry;
3. Products produced or services rendered;
4. Typical analysis of the discharge waste
stream;
5. Chemicals used and chemicals being stored
by the industry.
Customer shall provide Fort WortY a copy of the permit
application and the approved permit within fourteen (14)
days after such approval by Customer.
"2. Customer agrees that on or before September 23,
1983, it will enact an ordinance that will enable Customer
to enforce, within Customer's jurisdiction, the provisions
of all prevailing Fort Worth Ordinances and applicable
Federal regulations relating to (1) discharged substances,
(2) prohibited discharges, (3) pretreatment requirements,
(4) industrial discharge permit system, and (5) industrial
self -monitoring reports. At the effective date of this
contract the applicable Fort Worth ordinance is No. 8895
—, contained in Exhibit A , incorporated herein
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a
and made a 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.
"2. 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 6(A)(3) 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. 5280 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
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this agreement this day of
in Fort Worth, Tarrant County, Texas.
ATTEST: CITY OF FORT WORTH
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City Secretary David Ivory
sager
APPROVED AS TO FORM AND LEGALITY: Assistant City
A-- - - , , , (")-- " - vD, - -1
Wade Adkins, City Attorney 'o X 5 a3
Date:
Cnp tamhv� -Zf, 19A9
ATT ESTs City of North Richland Hills
Bys / Jtc���iCG'���r✓
aneCCe Moore - City Secretary
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LPPBOVXD BY CITY COUNCIL
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Date
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