HomeMy WebLinkAboutContract 15715May 7, 1987
WHOLESALE WASTEWATER CONTRACT
CITY SECRETA.
CONTRACT Nr,i
STATE OF TEXAS §
COUNTY OF TARRANT §
Th
This contract made and entered into this, the '? day
of , 1987, by and between the City of Fort Worth,
Texas, a municipal corporation, acting herein by and through its
City Manager, Douglas Harman, who is duly authorized so to act,
hereinafter referred to as "Fort Worth," and the City of North
Richland Hills, Texas, a municipal corporation, acting herein by
and through its Mayor, Dan Echols, who is duly authorized so to
act, hereinafter referred to as "Customer."
WHEREAS, the public health, welfare and safety of the
residents of Fort Worth and Customer require the development of
adequate systems of sewage collection and disposal, the
elimination of water pollution and the preservation of the water
resources of the area; and
WHEREAS, Fort Worth is required to comply with standards and
treatment methods for wastewater as set forth in federal, state
and local laws and regulations and permits; and
WHEREAS, Fort Worth and Customer have an interest in
maintaining and restoring the chemical, physical and biological
integrity of waters and water resources and insuring the
OFFICIAL RECCRI
CITY SECRETARY
FT. WORTH, TOL
1 s.
May 7, 1987
reduction of pollution in said waters and water resources, and
planning the use, development, restoration, preservation and
enhancement of said waters and water resources; and
WHEREAS, Fort Worth and Customer have previously entered
into contracts, being known as Fort Worth City Secretary Contract
No. 5280, dated May 1, 1965, together with any and all amendments
thereto dated July 12, 1974, November 11, 1976, and November 4,
1983; and Fort Worth City Secretary Contract No. 6300, dated
April 18, 1969, said contracts and amendments, if any, providing
for wastewater treatment services; and
WHEREAS, Customer desires to continue to contract for
wastewater treatment service and Fort Worth desires to continue
to provide wastewater treatment service to Customer; and
WHEREAS, Article 4413 (32c) (the Interlocal Cooperation
Act) and Article 11185, §3 of the Revised Civil Statutes of
Texas, authorizes Fort Worth and Customer to enter into this
agreement;
NOW, THEREFORE, Fort Worth and Customer, in consideration of
the terms, covenants and conditions herein contained, hereby
agree as follows:
1. Definitions
When used in this contract, these terms shall be defined as
follows:
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May 7, 1987
1 . 1 Act or "the Act" - The Federal Water Pollution
Control Act, also known as the Clean Water Act ( "CWA" ) , as
amended (33 U.S.C. 1251, et seq.).
1.2 Biochemical Oxygen Demand (BOD) - The quantity of
oxygen utilized in the biochemical oxidation of organic matter
specified by procedure in Standard Methods, and results expressed
in terms of weight and concentration (milligrams per liter
(mg/1)).
1.3 Calibration - Verification of primary measuring
device and secondary instrumentation accuracy utilizing standard
primary device procedures and calibration signals and/or a
separate flow measurement instrument.
1.4 Customer System - The facilities of Customer used
for pretreatment, collection and transportation of wastewater to
the point of entry.
1.5 Delivery facilities - All facilities necessary for
the transmission of wastewater to the Fort Worth System that are
on the Customer's side of the point of entry that are constructed
specifically to allow Fort Worth to serve Customer.
1 .6 Director - The Fort Worth Water Department Director
or his designee.
1.7 Domestic accounts - Single-family and residential
duplex dwellings served by one meter. This definition is used
only in the context of determining billing on a per -connection
basis.
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1.8 Fort Worth Expense - Expenses incurred by Fort
Worth related to the wastewater utility, such expenses to be
allocated as a System Cost if so determined in future
cost -of -service studies.
1.9 Fort Worth System - Fort Worth's wastewater
collection and treatment system.
1.10 General benefit capital facilities - Wastewater
facilities that provide utility services and benefits common to
all customers; this includes wastewater treatment facilities,
metering and sampling facilities, control systems and
appurtenances, and all major collectors and interceptors that are
eighteen inches (18") and greater in diameter.
1.11 Indirect Discharge - The discharge or the
introduction of industrial wastes from any source regulated under
Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the Fort
Worth System (including holding tank waste discharged into the
system).
1.12 Industrial User - A source of indirect discharge
which does not constitute a "discharge of pollutants" under
regulations issued pursuant to Section 402, of the Act, (33
U.S.C. 1342).
1.13 Industrial wastes - All water -borne solids, liquids
or gaseous substances resulting from industrial, manufacturing or
food processing operations, or from the development of a natural
resource, or any mixture of these with water or domestic sewage.
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1.14 Infiltration - Water that has migrated from the
ground into the wastewater system.
1.15 Inflow - Water other than wastewater that enters a
sewerage system (including sewer service connections) from
sources such as, but not limited to, roof leaders, cellar drains,
yard drains, area drains, drains from springs and swampy areas,
manhole covers, cross connections between storm sewers and
sanitary catch basins, cooling towers, storm waters, surface
runoff, street wash waters or drainage. Inflow does not include,
and is distinguished from, infiltration water.
1.16 Liquid Waste - The water -borne solids, liquids,
and gaseous substances derived from certain sources including,
but not limited to, grease trap, septic tank, chemical toilet
waste and sand trap waste.
1.17 Metering and sampling facility - The meter, meter
vault, and all metering and telemetry equipment required to
measure and/or sample wastewater flows of the Customer at point
of entry or other such locations, as may be mutually agreed upon
in writing..
1.18 Non -domestic account - Commercial, industrial,
multi -family or other accounts that are not considered domestic
accounts. This definition is used only in the context of
determining billing on a per -connection basis.
1.19 Non -metered area - Areas within the Customer's
corporate or certificated boundaries that generate wastewater
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• May 7, 1987
that do not drain into a part of the Customer System for which
wastewater flow is measured by an approved metering and sampling
facility.
1.20 Point of entry - The metering facility or, where no
metering facility is utilized, the point of connection to the
Fort Worth System, unless otherwise mutually agreed upon in
writing.
1.21 Pretreatment - The reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of
the nature of pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into a Publicly Owned Treatment
Works. The reduction or alteration can be obtained by physical,
chemical or biological processes, or process changes by other
means, except as prohibited by 40 CFR Section 403.6(d).
1.22 Pretreatment requirements - Pollutant concentration
discharge limitation and reporting requirements stipulated in
Fort Worth Ordinance No. 8895 and any amendments thereto, and the
Customer's Code, as hereinafter amended, and Federal Pretreatment
Standards promulgated by the U.S. Environmental Protection
Agency.
1.23 Significant industrial user - Any industry which
discharges industrial wastes directly or indirectly into the Fort
Worth System or Customer System that:
discharges 25,000 gallons per day or more of
industrial wastes;
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May 7, 1987
is subject to the National Pretreatment Standards:
Categorical Standards of the U.S. Environmental
Protection Agency; or,
has a reasonable potential, in the opinion of the
Director, to adversely affect the Fort Worth System
due to discharge of wastewater with abnormally high
strength or limited and/or prohibited substances.
1.24 Standard methods - Those testing or analysis
procedures as prescribed in the then current edition of "Standard
Methods for Examination of Water and Wastewater," published by
the American Public Health Association and/or the U.S.
Environmental Protection Agency Manual of Methodologies for the
Examination of Water and Wastewaters, or as will otherwise comply
with procedures specified in state and federal discharge permits
held by Fort Worth.
1.25 System cost - Operating expenses and capital
related costs incurred by Fort Worth pursuant to the provision of
wastewater collection and treatment service to the wholesale
class of sewer customers. Such costs are to be collected by Fort
Worth as a component of the annual cost of providing wholesale
wastewater service.
1.26 System Access Fee - A capital contribution (impact
fee, capital recovery fee, system development charge) which
represents a proportional capital cost of general benefit capital
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1. May 7, 1987
facilities capacity, less depreciation, outstanding debt, and
appropriate contributions paid to Fort Worth, required to provide
service for new connections, whether located within the
jurisdictional limits of Fort Worth or Customer.
1.27 Total Suspended Solids (TSS) - Solids, measured in
mg/1, that either float on the surface of , or are in suspension
in, water, wastewater or other liquids, and which are largely
removable by a laboratory filtration device. Also referred to as
Total Non -Filterable Residue.
1.28 Wastewater - All liquid or water -carried waste
products from whatever source derived, together with such ground
water infiltration and surface water inflow,as may be present,
whether treated or untreated, which is discharged into or
permitted to enter into the Fort Worth System. The words
"wastewater" and "sewage" are interchangeable.
2. Connection to the Fort Worth System
2.1 Fort Worth hereby grants to Customer, upon compliance
with the terms and conditions contained herein, permission to
connect its System to the Fort Worth System.
2.2 Fort Worth agrees to accept all wastewater from Customer
at the point(s) of entry as designated on Exhibit "A", attached
hereto and incorporated herein, and at such additional points as
may later be mutually agreed upon in writing signed by both
parties hereto.
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May 7, 1987
2.3 The cost of all delivery facilities necessary to convey
wastewater to the designated points of entry, whether shown on
Exhibit "A" or mutually agreed upon at a later date, together
with the cost of connection of the Customer System to the Fort
Worth System, with the exception of metering and sampling
facilities, shall be borne by Customer. In the event Fort Worth
requests Customer to increase the size of any such delivery
facility, the difference in the cost of the delivery facility as
designed by Customer and the cost of the delivery facility as
requested by Fort Worth shall be at Fort Worth's expense and may
be allocated as a system cost if so determined in future
cost -of -service studies.
2.4 Unless mutually agreed to in writing by Fort Worth and
Customer, Customer shall be responsible for the design,
contracting, construction and financing of delivery facilities
and acquisition of any necessary rights -of -way and easements to
and from such facilities. All designs, materials and specifica-
tions shall conform to Fort Worth's requirements as a minimum.
Plans and specifications for any delivery facility which actually
connects to the Fort Worth System shall be submitted to the
Director for written approval. Such approval shall not be unrea-
sonably withheld. No construction shall begin until such approval
has been given. Customer agrees that Fort Worth has the right to
make periodic inspections during the construction phase of the
delivery facilities. Final acceptance of such facility from the
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May 7, 1987
point of connection up to and including the metering and sampling
facility is subject to the inspection and written approval of the
Director.
2.5 After the date of this contract, Customer agrees not to
provide service to or contract or subcontract with any new
customer whose need for wastewater service would exceed 500,000
gallons per day without written notice to the Director.
3. Maintenance of Customer System
Customer agrees to maintain its system in good condition and
to make repairs in a timely manner. Fort Worth shall not have any
responsibility or liability now or ever for the operation of the
Customer System, except as agreed to in writing by the parties
hereto.
4. Maintenance of Fort Worth System
Fort Worth agrees to maintain its system in good condition
and to make repairs in a timely manner. Customer shall not have
any responsibility or liability now or ever for the operation of
the Fort Worth System, except as otherwise provided herein.
5. Metering and Sampling Facilities
5.1 Beginning on the effective date of this contract, Fort
Worth shall have the exclusive right to use, operate, and
maintain Customer metering and sampling facilities and Fort Worth
shall become solely responsible for the operational and
maintenance responsibilities associated with these facilities.
Customer will continuously provide a route of ingress and egress
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May 7, 1987
to said metering and sampling facilities for Fort Worth. Fort
Worth shall have the discretion to construct improvements,
expansions, and replacements to said facilities as a system cost
and at the timing of Fort Worth's needs subject to the review by
Customer of all proposed construction, expansion, and replacement
plans. Customer will also grant and provide to Fort Worth such
permits or easements as are necessary for the continuous
operation and maintenance of all metering and sampling
facilities. All such costs incurred by Fort Worth for operation,
maintenance, construction, expansion, and replacement of Customer
metering and sampling facilities shall be considered system
costs.
5.2 Unless otherwise agreed to by both parties in writing,
Fort Worth shall have the option to construct Customer metering
and sampling facilities not currently in existence. All
construction costs, including, but not limited to, site
acquisition and preparation, design and engineering, construction
and equipment for such facilities, together with the costs of
necessary i6asements and rights -of -way, shall be system costs,
including any and all necessary modifications to accommodate a
complete initial installation satisfactory to Fort Worth. If
Customer constructs new metering and sampling facilities,
Customer may either transfer ownership of such newly constructed
facilities, together with all necessary access easements and
rights -of -way to Fort Worth in a form satisfactory to Fort Worth
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May 7, 1987
or may grant to Fort Worth the right of ingress and egress to
such facilities, together with the authority to operate and
maintain the facilities as specified in Section. 5.1, within sixty
(60) days of such completion. Thereafter, Fort Worth shall
operate and maintain the facilities as a system cost and treat
any ownership transfer as a contribution for rate purposes, but
same shall not be an indicia of equity ownership.
5.3 Expenses incurred by Fort Worth for the operation and
maintenance of Customer metering and sampling facilities shall be
system costs and shall include, but not necessarily be limited
to, the following:
A. Cost of electricity at the facility;
B. Cost of the initial installation of the telemetry
service at the facility and to the control center and
cost of monthly lease charge for the telephone line;
C. Cost of calibration;
D. Cost of parts, materials and supplies required for
repairs, calibrations and upgrading of the facilities;
E. Labor cost plus fringe benefits and indirect costs for
repairs, calibrations and upgrading of the facilities;
F. Maintenance of ingress and egress and meter facility
s ite.
5.4 Replacement of facilities described in this section or
equipment therein occasioned as a result of obsolescence due to
age,excessive maintenance, growth or other reasons as determined
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May 7, 1987
by the Director shall be a system cost. Any replacement facility
or equipment therein shall comply with Fort Worth's standards and
specifications.
5.5. Upon expiration or termination of this agreement by
either party, Fort Worth shall transfer to Customer ownership of
any property easements, metering and sampling facilities and
rights -of -way conveyed to Fort Worth pursuant to the terms of
this Section 5.
6. Rights -of -Way
Customer shall grant, without charge to Fort Worth, such
easements and rights -of -way along public highways or other
property owned by Customer, as requested by Fort Worth, in order
to construct or maintain mains or facilities within the corporate
limits of Customer to provide wastewater collection to Customer
and to other areas. Upon notice from Customer and at Fort Worth
expense, Fort Worth will move such wastewater mains or facilities
located in such street right-of-way, or other property owned by
Customer when reasonably necessary to the performance of
essential governmental duties by Customer. Fort Worth shall
grant, without charge to Customer, such easements and
rights -of -way along with public highways or other property owned
by Fort Worth, as requested by Customer, in order to construct
and maintain wastewater mains or facilities within Fort Worth to
provide wastewater collection to Customer. Upon notice from Fort
Worth and at Customer's expense, Customer will move such
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May 7, 1987
wastewater mains or facilities when located in such street
rights -of -way or other property owned by Fort Worth when
reasonably necessary to the performance of essential governmental
duties by Fort Worth. All work done by or on behalf of Fort
Worth under this paragraph will be performed in accordance with
specifications equal to those applying to work of a similar
nature performed within Fort Worth, but neither party hereto will
be required to restore the other's property to a condition
exceeding its original condition, unless otherwise mutually
agreed in writing. Fort Worth and Customer agree to coordinate
the location of the mains and/or facilities in the other's
easements and rights -of -way in order to prevent further conflicts
insofar as reasonably practicable.
7. Meterinq and Samplinq
7.1 All flow discharged into the Fort Worth System by
Customer shall be metered, unless specifically agreed to by both
parties in writing. Should both parties agree in writing that
metering is not possible, the agreed upon method for determining
the volume shall include an adjustment for infiltration and
inflow.
7.2 If, in the judgment of the Director, the sewage
generated within one or more areas of the Customer cannot be
accurately measured by an approved type of metering station, then
the charge for sanitary sewer service within that drainage area
will be made on a per -connection basis. In such cases, the
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May 7, 1987
volume of sewage for billing purposes will be determined by
adding the product derived from multiplying the number of
domestic accounts within the area times 10,500 gallons to the sum
total metered water of all non -domestic accounts within the area.
The total volume so derived each month will be used as the basis
for calculating the total sewer charges due each month for that
drainage area and such charges will be added to any other
charges, if any, based on metered connections. For all such
non -metered areas, Customer will be responsible for providing
data each month on the number of domestic accounts and the
metered water volume of all non -domestic accounts. This data
will be provided by Customer to Fort Worth no later than the 5th
of each calendar month.
7.3 Customer shall have access to the metering and sampling
facilities at all reasonable times; provided, however, that any
reading, calibration or adjustment to such metering equipment
shall be done by employees or agents of Fort Worth, or other
mutually approved third party calibration agent, in the presence
of representatives of Customer and Fort Worth, if so requested by
Customer. Notification of any proposed tests shall be provided to
the Customer at least seventy-two (72) hours prior to such tests
being conducted.
7.4 All readings of meters will be entered in ink upon bound
journals maintained by Fort Worth. Customer shall have access to
such records during reasonable business hours and shall be
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May 7, 1987
furnished with monthly totalizer readings for each point of entry
metering and sampling facility.
7.5 Fort Worth shall calibrate and routinely service the
meters no less than once during each six (6) month period. Copies
of the results of such calibration and all related information
shall be provided to Customer. Fort Worth shall notify the
Customer at least seventy-two (72) hours in advance of the date
and time for any calibration and Customer may observe, if so
desired.
7.6 Upon any calibration, if it is determined that the
accuracy envelope of such meter is found to be lower than
ninety-five percent (95%) or higher than one hundred five percent
(105%) expressed as a percentage of the full scale of the meter,
the registration of the flow as determined by such defective
meter shall be corrected for a period extending back to the time
such inaccuracy began, if such time is ascertainable; or, if such
time is not ascertainable, then for a period extending back
one-half (1/2) of the time elapsed since the date of the last
calibration, but in no event further back than a period of six
(6) months.
7.7 If any meter used to determine volume from Customer is
out of service or out of repair so that the amount of
wastewater metered cannot be ascertained or computed from the
reading thereof, the wastewater delivered through the period such
meter is out of service or out of repair shall be estimated and
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May 7, 1987
agreed upon by the parties hereto upon the basis of the best data
available. The basis for estimating such flow includes, but is
not limited to, extrapolation of past patterns of flow for said
metering station under similar conditions. In the event that the
parties hereto cannot agree on the extrapolated estimate of
wastewater volume delivered, agreement on the flow volume will be
determined by third party arbitration.
7.8 Fort Worth shall periodically determine the quality of
the wastewater at the metering and sampling facilities or other
agreed upon sampling points for the purposes of billing for the
strength of the wastewater. The sampling and testing shall
normally occur at such frequency as determined by the monthly
flow of sewerage, as outlined in the sampling table below:
Customer Flow
Monitoring
(million qallons per month) (times per year)
80 and more
3
Greater than 50 and less than 80 2
r0 or less
1
To determine the quality of the wastewater, Fort Worth shall
collect twenty-four (24) hour flow -weighted composite samples for
a period of not less than five (5) consecutive twenty-four (24)
hour periods. Fort Worth will provide Customer with a minimum of
seven (7) day advance notification of intent to sample, or such
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May 7, 1987
notification as is sufficient to allow Customer to arrange the
services of a qualified laboratory.
If, at the request of Customer or at the request of the Director,
more extensive monitoring is desired, such additional monitoring
shall be paid for by the party making the request and shall be
done in compliance with Section 7. If Customer requests such
additional monitoring, Fort Worth shall invoice Customer and
payment shall be made within ten (10) days after receipt of
i nvoice.
The notification required in this section shall include the
planned dates, times, and location(s) of sampling. Fort Worth
shall analyze the samples collected in accordance with standard
methods. Customer may be present during the initial setup of
sampling equipment and at the time of pickup for each twenty-four
(24) hour composite sample. Fort Worth agrees, if requested, to
split said wastewater samples with Customer.
7.9 If in the opinion of the Director, compliance monitoring
is required, the Director may order that additional monitoring be
performed with or without prior notice to Customer. Said
compliance monitoring is to be in addition to the periodic
sampling set forth in Section 7.8. All information obtained as a
result of such compliance monitoring shall be provided to the
Customer upon request. Fort Worth will provide notice of such
compliance monitoring to Customer within a reasonable time
thereafter.
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May 7, 1987
7.10 If Customer disputes Fort Worth results of analyses
and the parties hereto cannot settle such dispute, such dispute
will be determined by third party arbitration.
7.11 Costs incurred by Fort Worth under this section will be
considered to be a system cost.
8. Rates and Charges
8.1 Wholesale wastewater rates will be based upon cost -of -
service rate studies performed by independent utility rate
consultants as described herein. The independent utility rate
consultant shall be selected by Director from a list of five
highly qualified firms submitted by the Wastewater System
Advisory Committee. The cost of such studies will be a system
cost. All cost -of -service studies shall be conducted utilizing
the utility cost basis of determining revenue requirements
applicable to the wholesale customer class.
8.2 The cost -of -service for the wholesale class shall
include allocated reasonable and necessary operation and
maintenance expense, depreciation expense and a fair and
reasonable return on allocated capital facilities. To determine
the allocation and distribution of costs to the wholesale
customer class, the independent utility rate consultant shall
consider at least the following factors: total volume, rate of
flow, wastewater quality, metering, and customer- related costs
such as accounting, billing, and monitoring. Capital -related
costs will consist of depreciation expense and return on
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May 7, 1987
original cost rate base. On a periodic basis as determined by the
Director the depreciation rates on all general benefit capital
facilities shall be studied, and new salvage values, useful
lives, and annual rates of depreciation shall be developed from
such studies. The rate base shall consist of all allocated
capital facilities, net of depreciation and appropriate
contributions, and shall include construction work in progress, a
reasonable allowance for working capital, and a reasonable
inventory of materials and supplies necessary for the efficient
operation of the Fort Worth System. On a periodic basis as
determined by the Director, a cash "lead -lag" study shall be
conducted to determine the appropriate level of working capital
at the same time as the above depreciation rate study is done.
Records of the original cost and the accumulated depreciation of
all capital facilities shall be maintained in the Fort Worth
Fixed Asset Tracking System. These records shall be available
for inspection at the Fort Worth Water Department during
reasonable business hours upon request by Customer.
8.3 Fort Worth shall be allowed an adequate opportunity to
earn a reasonable rate of return. The return shall be sufficient
to assure confidence in the financial soundness of the utility,
shall be adequate to maintain and support its credit, shall
enable it to raise the money necessary for the proper discharge
of its public duties, and shall be equal to the weighted average
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May 7, 1987
imbedded cost of outstanding debt plus one -and -one-half percent
(1 1/2%).
8.4 Every three (3) years, a detailed wholesale revenue
requirement shall be developed on an actual historical cost test
year basis allowing for reasonable and necessary expenses of
providing such wastewater service and allowing for known and
measurable adjustments. Such adjustments should allow for year-
end trending and the spreading of non -recurring expenses over an
appropriate benefit period. The first test year shall be October
1st, 1986, through September 30th, 1987, and the first detailed
cost -of -service study shall be performed by an independent
utility rate consultant during the first two (2) calendar
quarters of 1989, based on audited data for the immediate past
fiscal year ended September 30, 1988. On a three (3 ) year cycle
thereafter, a complete detailed rate study will be performed with
the same methodology used in the previous rate study by an
independent utility rate consultant. Thereafter, changes in the
methodology will be allowed if recommended by a majority of the
Wastewater System Advisory Committee, such majority defined by
any combination of Customers contributing a total of more than
fifty percent (50%) of the wholesale sewage flow in the immediate
past fiscal year, and approved by the Fort Worth City Council.
In the interim period between complete detailed rate studies,
wholesale wastewater rates shall be adjusted by Fort Worth using
the same methodology adopted at the time of the last complete
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May 7, 1987
detailed rate study, utilizing the actual operating data for the
twelve month period ending September 30th of the prior year,
adjusted for known and measurable changes in cost data which may
have occurred since the last audited statement.
8.5 The initial rates for this contract shall be those
approved by the Tarrant County Mayor's Council on April 27, 1987,
and adopted by the Fort Worth City Council on May 7, 1 98 7, and
are as follows:
Volume Charge $0.3374 per 1000 gallons
B OD Strength
Charges $0.0683 per pound of BOD
TSS Strength
Charges $0.0417 per pound of TSS
Monthly Billing
Charges $27.00
8.6 Bills for wastewater treatment and disposal service
shall be rendered to wholesale Customers monthly by Fort Worth.
All such bills shall be due and payable by each Customer not more
than thirty (30) days from the billing date. The bills will show
current charges, as well as past -due charges, if any. Current
charges shall be the amount due for wastewater collection,
treatment and disposal service provided since the prior billing
period. Past -due charges shall be the total amount unpaid from
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May 7, 1987
all prior billings as of the current billing date. Payments
received by Fort Worth shall first be applied to the past -due
charges, if any, and thereafter to the current charges.
8.7 If Customer disputes a bill and is unable to resolve the
difference informally, Customer shall notify the Director in
writing. If the Director and Customer are unable to resolve the
disputed bill, agreement on the bill will be determined by third
party arbitration. Dispute of a bill is not grounds for
non-payment. In the event a payment is not paid as specified in
this agreement, a finance charge of ten percent (10%) per annum
will be calculated from the date which the payment was required
to be made. In the event the bill established by arbitration is
less than the disputed bill, then the amount found to be
incorrect will be credited to the Customer's account together
with an interest charge of ten percent (10%) per annum calculated
from the date payment of the disputed bill was received.
8.8 The parties hereto agree that services obtained pursuant
to this contract are essential and necessary to the operation of
Customer's •waterworks and wastewater facilities and that all
payments made by each Customer hereunder shall constitute
reasonable and necessary operating expenses of Customer's
waterworks and wastewater systems within the meaning of Article
1113, Vernon's Annotated Texas Statutes, and the provisions of
any and all ordinances of Customer authorizing the issuance of
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May 7, 1987
any revenue bond issues of Customer which are payable from its
waterworks and wastewater systems.
8.9 Customer agrees, throughout the term of this agreement,
to fix and collect such rates and charges for wastewater service
to be supplied as will produce revenues in an amount equal to at
least (i) all of operation and maintenance expenses of such
system, including specifically its payments under this agreement;
and (ii) all other amounts as required by law and the provisions
of the ordinances or resolutions authorizing its revenue bonds or
other obligations now or hereafter outstanding, including the
amounts required to pay all principal of and interest on such
bonds and other obligations.
8.10 Customer specifically agrees to adopt and maintain in
effect for the life of this contract an ordinance providing for a
user charge system in full accord with relevant EPA regulations.
9. Industrial Connection and Monitoring
9.1 Customer agrees that it will not permit any significant
industrial
user within its jurisdiction to connect directly or
indirectly
either to its
system or to the Fort
Worth System
without at
least thirty
(30) days' prior written
notification to
the Director
of such intent to connect. Customer
shall provide
the Director with such
information pertaining
to volume and
composition
of flow as may
be requested by the Director.
9.2 Customer agrees to conduct any and all monitoring,
sampling and inspection of Customer System and industrial users
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May 7, 1987
as necessary to insure that industrial waste introduced into the
Customer System meets the quality standards set out in Section
10.2 hereof. Upon request to Customer, a representative of Fort
Worth will be permitted to observe Customer's collection of
samples from industrial users, and Customer agrees to furnish
Fort Worth separate duplicate samples for independent testing,
and, upon request, to provide the Director sample analysis
results and pretreatment records.
9.3 Customer agrees that Fort Worth shall have the right to
sample wastewater at all points of entry and such other locations
as may be mutually agreed to in writing by both parties for the
purpose of determining the volume and quality of wastewater
entering the Fort Worth System. Customer agrees to disconnect
from its system any industrial user found to be in violation of
allowable discharges or who refuses access to its facilities for
the purpose of sampling wastewater being discharged into the
Customer System; provided, however, that said disconnected
industrial user shall be afforded the same rights, privileges of
appeal and deficiency cure periods as are industrial users
operating within Fort Worth's jurisdiction.
9.4 Following notice to the Customer by Fort Worth, Customer
grants to Fort Worth the right to enter Customer's jurisdiction
if Fort Worth determines that questionable discharges or
prohibited discharges are entering the Fort Worth System
emanating from the Customer System. Customer agrees to assist
25
May 7, 1987
Fort Worth in locating and eliminating such prohibited
discharges.
10. Wastewater Quality
10.1 Customer agrees that on or before thirty (30) days from
date of execution of this contract it shall enact and cause to be
enforced an ordinance enabling Customer to enforce within its
jurisdiction regulations governing industrial waste that are at
least as stringent as the provisions of the current Fort Worth
Ordinance No. 8895 and any necessary and reasonable amendments
thereto, (attached hereto and marked as Exhibit "B" and made a
part hereof for all intents and purposes) and state and
applicable federal regulations relating to 1) discharged
substances; 2) prohibited discharges; 3) pretreatment
requirements; 4) industrial discharge permitting system; and 5)
industrial self -monitoring reports. Customer agrees to enact and
enforce ordinances or any amendments to Ordinance No. 8895, or
any future ordinances relating to industrial discharges,
prohibited or controlled wastes or pretreatment requirements and
such amendments and future ordinances shall become incorporated
as additional exhibits to this contract; provided, however, Fort
Worth shall provide Customer with a copy of such proposed
ordinances or amendments at least sixty (60) days prior to the
presentation of such ordinances or amendments to the Fort Worth
City Council during which time Customer shall have an opportunity
to review same. Customer shall adopt and enforce such proposed
26
May 7, 1987
ordinances or amendments no later than the effective date of the
Fort Worth ordinance or amendment.
10.2 Customer agrees that the quality of the wastewater
discharged into the Customer System shall be equal to or better
than the quality standards established by Fort Worth Ordinance
No. 8895, or any amendment adopted pursuant to Section 10.1.
10.3 Customer shall require all significant industrial users
within its jurisdiction that ultimately discharge into the Fort
Worth System to apply for and obtain a permit from Customer
allowing such discharge. Such permit shall require industrial
users to abate prohibited substances from their discharge as a
condition to discharging wastewater into the Customer System. The
permit application shall contain, as a minimum, the following:
1. Name and address of discharger;
2. Agent for discharger;
3. Type of industry;
4. . Products produced or services rendered; and
5. Chemicals being stored and/or used.
Customer shall provide Fort Worth a copy of such application and
permit, if issued, within fourteen (14) days after issuance.
11. Resale of Wholesale Wastewater Services
11.1 Customer may provide wastewater services to wholesale
customers upon the recommendation of the Wastewater System
Advisory Committee with prior written notice to and consent from
the Director, said consent not to be unreasonably withheld.
27
May 7, 1987
Customer shall provide the Director a copy of the proposed
contract with its wholesale customer as part of Customer's
written notice to the Director.
11.2 If Customer provides wastewater services to wholesale
customers, Customer shall require its wholesale customers to
comply with Sections 9, 10 and 28 of this contract and to enact
and enforce any and all necessary ordinances.
12. Infiltration and Inflow
Customer agrees that it has an obligation to prevent
infiltration and inflow into its System and then into the Fort
Worth System. Customer further agrees that all sewer connections
within its jurisdiction which ultimately enter into the Fort
Worth System will be constructed in accordance with applicable
specifications and standards at least equal to those of the Fort
Worth Water Department. Further, Customer covenants and agrees to
maintain strict supervision and maintenance of its System to
prevent connections through which surface drainage can enter
ultimately into the Fort Worth System. Customer shall not make,
nor shall it permit to be made, any connection which will
contribute storm water run-off from rainwater spouts, rainwater
areas, streets, gutter drain or other source into its sanitary
sewer system.
13. Sludge Disposal
Customer recognizes the importance of utilizing sludge in a
timely and proper manner. Customer will cooperate with Fort Worth
�?
May 7, 1987
in any environmentally sound sludge utilization program meeting
federal and state standards within the area served by Customer.
14. Wastehaulers
Customer agrees to adopt the North Central Texas Council of
Government's model ordinance, or one similar to it, regulating
liquid wastehaulers within Customer's service area. At a minimum,
such ordinance shall require liquid wastehaulers to be permitted
and provide for a manifest system. Further, said ordinance shall
prohibit the introduction of liquid waste into the Customer
System, directly or indirectly.
15. Assistance
1 5. 1 In the event Customer requests assistance with its
System, Fort Worth may, at its option, assist Customer. Customer
agrees to pay Fort Worth its actual costs incurred, including,
but not limited to, labor and material expended. Nothing herein
shall be construed to require Fort Worth to assist Customer. Such
costs will be invoiced to Customer and payment made within ten
(10) days after receipt of invoice.
15.2 IK the event Fort Worth requests assistance with its
System, Customer may, at its option, assist Fort Worth. Fort
Worth agrees to pay Customer its actual costs incurred,
including, but not limited to, labor and material expended.
Nothing herein shall be construed to require Customer to assist
Fort Worth. Such costs will be invoiced to Fort Worth and payment
made within ten (10) days after receipt of invoice.
29
May 7, 1987
16. Payment and Finance Charge
The parties hereto agree that the failure to make any
payments within the times provided for herein results in
additional cost to the party to be paid; therefore, the parties
agree that any payment required herein not made within thirty
(30) days of the billing date shall be subject to a finance
charge of ten percent (10%) per annum to be calculated from the
date which the payment was required to be made.
17. Reports and Records
If requested by the Director, and/or Customer, the other
party shall provide quarterly the following data:
A. Actual number of customer accounts discharging
directly or indirectly into the Fort Worth System
and/or Customer System within its service area;
B. Classification of domestic and nondomestic accounts
within its service area by number and percentage of
accounts discharging directly or indirectly into the
Fort Worth System and/or Customer System within its
service area.
C. Additional data which may assist Fort Worth and/or
Customer in developing methodology for cost of service
studies, planning studies for analyzing federal
grants, and system access fees; provided, however,
that neither party shall request data that will
W1
May 7, 1987
require either party to incur unreasonable expenses in
providing such data.
18. Notices
Any notice, communication, request, reply or advice herein
provided or permitted to be given, made or accepted by either
party to the other party must be in writing to:
City of Fort Worth: Water Director
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Customer: Mayor
City of North Richland Hills
P. 0. Drawer 18609
7301 Northeast Loop 820
North Richland Hills, TX 76180
The parties hereto shall indicate in writing any change that may
occur in such respective addresses from time to time.
19. Inspection and Audit
Complete records and accounts required to be maintained by
each party hereto shall be kept for a period of five (5) years.
Each party shall at all times, upon notice, have the right at
reasonable times to examine and inspect said records and accounts
31
May 7, 1987
during normal business hours; and further, if required by any
law, rule or regulation, make said records and accounts available
to federal and/or state auditors.
20. Consent
20.1 Whenever, under the terms of this agreement, Fort Worth
is permitted to give its written consent or approval, Fort Worth,
in its discretion, may give or may refuse such written consent or
approval and, if given, may restrict, limit or condition such
consent or approval in any manner it shall deem advisable;
however, consent will not be unreasonably withheld.
21. Waiver, Remedy, Severability
21.1
No
waiver by either party hereto of any term or
condition
of
this agreement shall be deemed
or construed to be a
waiver of
any
other term or condition or subsequent
waiver of the
same term
or
condition.
21.2
In
addition to any other remedy
as may be provided by
law, this
agreement
shall be specifically
enforceable by the
parties hereto.
Venue for any action shall
be in Tarrant County,
Texas.
21.3
It
is agreed that, in the event
any term or provision
herein contained is held to be invalid by any court of competent
jurisdiction, the invalidity of such term or provision shall in
no way affect any other term or provision contained herein;
further, this agreement shall then continue as if such invalid
term or provision had not been contained herein.
32
May 7, 1987
22. ownership and Liability
22.1 No provision of this agreement shall be construed to
create any type of joint or equity ownership of any property, any
partnership or joint venture, nor shall same create any other
rights or liabilities and Customer payments (whether past,
present, or future) will not be construed as granting Customer
partial ownership of, pre -paid capacity in, or equity in the Fort
Worth System.
22.2 Liability for damages arising out of the
transportation, delivery, reception, treatment, and/or disposal
of all wastewater discharged into the Fort Worth System shall
remain in the Customer, together with title thereto, until such
wastewater passes through the point of connection to the Fort
Worth System, at which time liability for such damage shall pass
to Fort Worth, save and except that title to any prohibited
discharge and any liability therefor shall not pass to Fort
Worth unless such prohibited discharge originated in the Fort
Worth System. Further, the parties hereto agree to indemnify,
save and hold the other party harmless from any and all claims,
demands, causes of action, damages, losses, costs, fines and
expenses, including reasonable attorney's fees, that may be
asserted by anyone at any time on account of the transportation,
delivery, reception, treatment and/or disposal while title to the
wastewater is in such party. If such liability for damages is
33
May 7, 1987
not attributable to a specific customer or Fort Worth, such
liability becomes a Fort Worth expense.
22.3 Contracts made and entered into by either Customer or
Fort Worth for the construction, reconstruction or repair of any
delivery facility shall include the requirements that the
independent contractor(s) must provide adequate insurance
protecting both the Customer and Fort Worth as insured. Such
contract must also provide that the independent contractor(s)
covenant to indemnify, hold harmless and defend both the Customer
and Fort Worth against any and all suits or claims for damages of
any nature arising out of the performance of such contract.
23. Compliance with Permit Conditions
Customer acknowledges that Fort Worth is the holder of
discharge permits issued by the United States and the State of
Texas. Customer agrees that it will comply with all permit
conditions in any way relating to the collection system and the
discharge into the collection system. Customer agrees, that in
the event a fine is assessed against Fort Worth for any violation
of any permit condition, and the violation is attributable to any
act of omission or commission by Customer, to indemnify Fort
Worth and pay to Fort Worth the amount of such fine. If such
fine is not attributable to a specific customer, such fine
becomes a Fort Worth expense.
34
May 7, 1987
24. Life of Contract
The life of this contract shall be thirty (30) years from
the date of its execution and thereafter shall be subject to
renegotiation between the parties hereto.
2 5 . Force Ma 'eure
No party hereto shall be considered to be in default in the
performance of any of the obligations hereunder (other than
obligations of either party to pay costs and expenses) if such
failure of performance shall be due to an uncontrollable force
beyond the control of the parties, including but not limited to,
the failure of facilities, flood, earthquake, tornado, storm,
fire, lightning, epidemic, war, riot, civil disturbance or
disobedience, labor dispute and action or non -action by a failure
to obtain the necessary authorizations and approvals from any
governmental agency or authority or the electorate, labor or
material shortage, sabotage, or restraint by a court order or
public authority, which by the exercise of due diligence and
foresight such party could not have reasonably been expected to
avoid and which by exercise of due diligence it shall be unable
to overcome. Either party rendered unable to fulfill any
obligation by reason of an uncontrollable force shall exercise
due diligence to remove such inability with all reasonable
dispatch.
In the event the proper operation of the Fort Worth System,
as a result of the above, requires Fort Worth to temporarily
interrupt all or part of the services to Customer, no claims for
35
May 7, 1987
damage shall be made by Customer against Fort Worth. Fort Worth
will exercise its best efforts to insure that such interruptions
will not adversely affect the health and welfare of Customer's
residents.
26. Termination
This agreement may be terminated in whole or in part by the
mutual consent of Customer and Fort Worth. Notwithstanding
anything contained herein to the contrary, any material breach by
either party hereto to perform any of the duties or the
obligations assumed by such party hereunder or to faithfully keep
and perform any of the terms, conditions and provisions hereof
shall be cause for termination of this agreement by Fort Worth in
the manner set forth in this paragraph. Fort Worth shall deliver
to Customer ninety (90) days prior written notice of its
intention to so terminate this agreement if Customer fails to
cure or adjust such material breach, including in such notice a
reasonable description of the breach. If within said ninety (90)
days Customer shall fail or refuse to cure such default to the
satisfaction of Fort Worth, then and in such event, Fort Worth
shall have the right with six months advance written additional
notice to Customer and without any liability whatsoever on the
part of Fort Worth to declare this agreement terminated. In the
event of termination of this agreement, all rights, powers, and
privileges of Customer hereunder shall cease and terminate and
Customer shall make no claim of any kind whatsoever against Fort
Krl
May 7, 1987
Worth, its agents or representatives, by reason of such
termination or any act incident thereto, provided Fort Worth
acted reasonably and such termination was not unreasonable,
arbitrary and capricious. Fort Worth shall advise Customer in
writing immediately upon acceptance of the cure of any default.
The following breach, default or failure to perform a duty
or obligation shall be considered to be a material breach:
a. Failure to adopt and enforce any ordinance required to
be adopted and enforced herein;
b. Failure to make any payment of any bill, charge or fee
as provided for in this agreement;
C. Making any connection to the Fort Worth system at any
point except as provided in Section 2.2 hereof;
d. Failure to provide Fort Worth ingress and egress for
purposes of sampling and operation and maintenance of
any metering or any sampling facility;
e. Failure to provide Fort Worth rights -of -way as
required herein;
f. Failure to permit any sampling of wastewater as
provided for herein;
g. Failure to disconnect industrial users of Customer
pursuant to Section 9.3;
37
May 7, 1987
h. Failure to maintain the quality of discharge as
required in Sections 10.2 and 10.3;
i. Failure of Customer to comply with Section 11.2
hereof;
j. Failure of Customer to comply with Section 23 hereof.
In the event of any other nonmaterial breach, default or
failure to perform duties under this agreement, Fort Worth shall
deliver to Customer sixty (60) days advance written notice of
such default. If Customer fails to cure such breach, default or
failure, then Fort Worth shall give Customer written notice of
such failure to cure and may surcharge Customer Five Thousand
Dollars ($5,000) per month until such time as Customer cures such
nonmaterial default.
Any failure by Fort Worth to so terminate this agreement or
the acceptance by Fort Worth of any benefits under this agreement
for any period of time after such material breach, default or
failure by Customer shall not be determined to be a waiver by
Fort Worth of any rights to terminate this agreement for any
subsequent material breach, default or failure.
Any failure by Customer to so terminate this agreement or
the acceptance by Customer of any benefits under this agreement
for any period of time after such breach, default or failure by
Fort Worth shall not be determined to be a waiver by Customer of
May 7, 1987
any rights to terminate this agreement for any subsequent
material breach, default or failure.
27. Regional Wastewater Authority
In the event Fort Worth is designated as a regional
wastewater authority or agency by a duly authorized regulatory
body, or if Fort Worth should elect to contract with or assign
this contract to a regional wastewater authority to provide all
or part of the services covered by this agreement, the parties
hereto agree that any such regional wastewater authority may, by
way of assignment of this agreement, assume the same obligations
and receive the same benefits as Fort Worth. Customer hereby
grants to Fort Worth the specific right to assign this agreement
subject to the provisions of this section.
28. System Access Fees
28.1 Customer agrees to pay to Fort Worth on a quarterly
basis a charge for each new or enlarged connection for wastewater
service made within Customer's jurisdiction served by the Fort
Worth system, with the first payment being due on October 31,
1987 to include charges incurred through September 30, 1987. The
charge to Customer for such connections shall be based upon the
size and type of connection and shall be equal to the charge
imposed for the same size and/or type of connection made within
the jurisdiction of Fort Worth. The charge for each size and/or
type of new connection shall be equal to those as contained in
39
- May 7, 1987
Fort Worth Ordinance No. 9853, Wastewater System Facility Access
Fees, or any amendment thereto.
28.2 Fort Worth agrees that all monies remitted to it
pursuant to this section will be placed in a separate account to
be used exclusively for treatment plant and meter and sampling
system general benefit improvements, and will not be used for
operation and maintenance expenses or collection system
improvements. Such funds and all interest earned thereon will be
considered a "contribution" for rate setting purposes only.
28.3 Customer shall provide to Fort Worth such information
that relates to the making of new and/or enlarged connections
within its jurisdiction as may be requested by the Director,
including but not limited to building permits, with each
quarterly payment required in this section.
28.4 Fort Worth will cause to be deposited into the proper
revenue account the appropriate charge as provided for in Fort
Worth Ordinance No. 9853, or any amendment thereto or any future
ordinance for each new or enlarged connection for wastewater
service made within Fort Worth's jurisdiction.
28.5 There is hereby created and established a Wastewater
System Access Fee Advisory Committee whose purpose shall be to
consult with and advise Fort Worth, through the Wastewater System
Advisory Committee, on matters pertaining to the methodology of
calculating access fees and amendments to Fort Worth Ordinance No.
9853. Said Committee shall be composed of nine (9) members,
40
May 7, 1987
three (3) of which shall be members of, and appointed by, the
Fort Worth City Council. The remaining s i x ( 6 ) members shall be
members of the City Council of Customers and shall be appointed
by the Tarrant County Mayor's Council. The Chairman of said
committee shall be a Fort Worth member elected by the membership
of the committee at its first, annual called meeting. All
committee members shall serve terms of one year but may be
reappointed by the appropriate bodies for subsequent terms. On
an annual basis beginning with the first meeting of the calendar
year the committee shall consider adjustments to the access fee
amounts and the administration of such charges and make
recommendations, through the Wastewater System Advisory
Committee, for amendments or adjustments to Fort Worth City
Ordinance No. 9853.
29. Wastewater System Advisory Committee
Customer's governing body shall annually appoint a
representative to be a voting member of the Wastewater Advisory
Committee which Committee is hereby created and established and
whose purpose shall be to consult with and advise Fort Worth,
through the Director, on matters pertaining to planning,
improvements, grants, rate studies, budgets, administration, and
additional wholesale customers, whether same be wholesale
customers of Customer or Fort Worth. Said Committee, at its
first meeting, shall elect a Chairman, Vice -Chairman and
Secretary. The Committee may establish bylaws governing the
41
May 7, 1987
election of officers, meeting dates and other matters pertinent
to its functioning.
30. Effective Date
This contract, together with all terms and conditions and
covenants, shall be effective June 1, 1987.
31. Miscellaneous
31.1 This agreement terminates and supersedes that certain
contract(s) known as City of Fort Worth City Secretary Contract
No. 5280, 7941, 9049, 13395, and 6300.
31.2 This agreement is subject to all applicable federal and
state laws and any applicable permits, ordinances, or amendments
adopted pursuant to Section 10.1 rules, orders and regulations of
ariy state or federal governmental authority having or asserting
jurisdiction, but nothing contained herein shall be construed as
a waiver of any right to question or contest any such law,
ordinance, order, rule or regulation in any forum having
jurisdiction.
31.3 The Customer agrees to abide by any changes in this
agreement made necessary by any amendment or revision to state or
federal regulations.
31.4 Upon prior notice by Fort Worth, any duly authorized
employee of Fort Worth bearing proper credentials and
identification shall notify Customer of need for access to any
premises located within Customer's city limits or served by
Customer as may be necessary for the purpose of inspections and
42
May 7, 1987
observation, measurement, sampling and testing and/or auditing,
in accordance with the provisions of this contract. Customer may
elect to accompany the Fort Worth representative. To the extent
permitted by law, Fort Worth agrees to indemnify Customer for any
damage or injury to person or property caused by the negligence
of such duly authorized employee while such employee is in the
course and scope of his employment.
31.5 In each instance herein where reference is made to a
federal or state regulation, it is the intention of the parties
that, at any given time, the current federal or state regulation
shall apply. If a publication or reference work referred to
herein is discontinued or ceases to be the generally accepted
work in its field, or if conditions change, or new methods or
processes are implemented by Fort Worth, new standards shall be
adopted which are in compliance with state and federal laws and
any valid rules and regulations pursuant thereto.
31.6 Fort Worth must comply with all federal, state and
local government requirements to obtain grants and assistance for
system design, system construction and studies. Customer agrees
to assist Fort Worth in compliance by setting adequate rates,
establishing proper user charges and complying with governmental
requirements.
31.7 Section headings in this agreement are for convenience
only and do not purport to accurately or completely describe the
contents of any section. Such headings are not to be construed as
43
May 7, 1987
a part of this agreement or any way defining, limiting or
amplifying the provisions hereof.
31.8 Whenever any disputed matter herein is to be specifically
determined by the use of an arbitrator, the following procedure
is to be followed. The party requesting that the dispute be
settled by arbitration shall serve on the other party a request
in writing that such matter be handled by arbitration. Customer
and Director shall mutually agree in writing on the selection of
an impartial arbitrator. Such agreement shall be made within ten
(10) days from the date that the request for arbitration is
received. If an agreement is not reached on the selection of the
impartial arbitrator on or before the tenth (10th) day after the
date that notice is received, the Director shall immediately
request a list of seven qualified neutral arbitrators from the
American Arbitration Association of the Federal Mediation and
Conciliation Service, or their successor in function. The
Customer and Director may mutually agree on one of the seven
arbitrators on the list. If they do not agree within five (5)
working days after the receipt of the list, Customer and Director
shall alternate striking a name from the list and the name
remaining shall be the impartial arbitrator. Customer and
Director shall mutually agree on a date for the arbitration
hearing. The decision of the arbitrator shall be final, and
judgment may be entered upon it in accordance with applicable law
in any court having jurisdiction thereof.
44
May 7, 1987
31.9 Pursuant to letter from R.N. Line, City Manager of
North Richland Hills to R. W. Sawey, Director of the Fort Worth
Water Department, dated December 17, 1984, the parties hereto
recognize that Customer made a financial contribution in 1985 in
the amount of $884,492.18 to assist Fort Worth in the
construction of the Big Fossil Collector. As repayment of this
finacial contribution Fort Worth agrees to pay to Customer
$863,264.37, said sum representing the contribution made by
Customer net of accumulated depreciation. Payment shall be made
to Customer within 60 days from the execution of this Agreement.
The parties further
recognize that
the Big Fossil Collector
is a
part of the Fort
Worth system
and Fort Worth has
the
responsibility to operate and maintain same and Customer hereby
grants to Fort Worth the right of ingress and egress for the
purpose of operation and maintenance in the event any part of the
Big Fossil Collector is within the jurisdiction of Customer.
45
May 7, 1987
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective officers thereunto
duly authorized.
ATTEST•
City Secretary
APPROVED AS TO FORM AND LEGALITY:
�
City Attorney
41-4
ATTEST:
pity Secretary
APPROVED AS T M A LE ALITY;
Date:
City Attorney
Contract Authorization
Date
46
CITY OF FORT WORTH
l
C i Ida nag
Date:
CITY
0 ORTH
RIC AN HI S
By:
4J4��
Mayor
Uaty of Fort Worth, `i exas
Mayor and Council Communa,ccaeaovu,
DATE REFERENCE SUBJECT: NEW WHOLESALE PAGE
NUMBER
4-7-87 C-10266 WASTEWATER CONTRACTS I or —1
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
4-7-87
1.
2
REFERENCE
NUMBER
C-10266
Special Condition
SUBJECT:
The uniform contract can be used
unchanged.
NEW WHOLESALE PAGE
WASTEWATER CONTRACTS _ 2
Wholesale Customer Affected
The price and terms for the contribution
buy-back arrangement must be specified.
3. Contract must recognize that Customer
cannot pass ordinances, or grant easements,
but must nevertheless insure that
Customer can abide by all terms of
the contract within its service area.
4. Certain sections of previous contracts
other than the original wholesale contract
must remain in force.
5. Agreement must be a "three party"
contract between Fort Worth, private utility
(Customer) and city served by the private
utility.
6. Contract must allow for situations where
Customer may be required to serve
Fort Worth customers, and must
specify any special billing credit/
debit arrangements.
Kennedale
Pantego
Richland Hills
Sansom Park
Westworth Village
Arlington
Benbrook Water & Sewer Authority
Burleson
Crowley
Haltom City
Hurst
Lake Worth
North Richland Hills
Saginaw
Tarrant County M.U.D. No. 1
Benbrook Water & Sewer Authority
Saginaw Park Utility Company
(Blue Mound)
Tarrant County M.U.D. No. 1
Trinity River Authority
Arlington
Burleson
Crowley
Edgecliff Village
Forest Hill
Saginaw
Trinity River Authority
White Settlement
Saginaw Park Utility Company
(Blue Mound)
Arlington
Benbrook Water & Sewer Authority
Burleson
Everman
Forest Hill
Lake Worth
River Oaks
Trinity River Authority
DATE REFERENCE bU8_IECT PAGE
NUMBER NEW WHOLESALE
4-7-87 C-10266 WASTEWATER CONTRACTS 3 °' 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 T11V
CITY MANAGER'S
OFFICE BY:
ORIGINATING
DEPARTMENT HEAD: Richard Sawev
FOR ADDITIONAL INFORMATION
CONTACT: R. Sawey 8202
DISPOSITION BY COUNCIL: PROCESSED BY
r'. APPROVED
�-; OTHER (DESCRIBE)
CITY SECRETARY
DATE
ORDINANCE NO. 8 8 -1 5
AN URDINANCE 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.
SECTION I.
That Section 29-113, "Regulations governing industrial wastes,"
of Article XII, Chapter 29 of the Code of the City of Fort Worth,
Texas (1964), as amended, be and the same is hereby amended to read
as follows:
"Sec. 29-113 Regulations governing industrial wastes.
1. DEFINITIONS
when used in this section, these terms shall be de -
tined as to1lOWS:
"Abnormal Sewage: Any industrial wastewater having sus-
penaed solids or B.O.D. content which is, in the judgment
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
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 pollu-
tants or pollutant properties which may be discharged or
introauced 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
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
condensation 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 trom 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.
'Interterence: 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/1 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.
'0 and M: Operation and Maintenance.
-2-
"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
for 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 aischarge of pollutants through the
PUTW into navigable waters in quantities or concentrations
which are a cause or significantly contribute to a
v►olation 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 of 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
water -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-
lisned 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.
- 3-
y
y
'Ur:polluted 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 (2500) parts per million are chloride;
not more than ten (1U) 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 be 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 trom all
tiources, 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 aetined 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
-4-
incorporated as a part of this ordinance, as will EPA Regulations
regarding Sewage Pretreatment established pursuant to the Clean
Water 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 objectives 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
generatea by the POTW.
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 ana
inspection of facilities, according to this Ordinance.
The Director shall have the authority to promulgate such
administrative regulations as are from 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, roof runoff, subsurface drainage or
drainage from downspouts, yard drains, yard fountains ana ponds, or
-5-
1'
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
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
tollowing described substances, materials, waters or waste:
(1) Any liquid or vapor having a temperature higher
than one hundred (15U') 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.
(3) Flammable or explosive liquid, solid or gas,
such as, but not limited to, gasoline, kerosene, benzene,
naptha, etc., which by reason of its nature or quantity
may be sufficient, either alone or by interaction to cause
tire or explosion or may be injurious in any other way to
the operation of the POTW.
(4) 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,
-6-
ff
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 solias.
(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 Cite or form solids in concentrations exceeding
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 hazara to life or which'
may prevent entry into the sewers for their maintenance
and repair.
(8) 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
aischarged to the POTW cause the POTW to be in noncom-
pliance with sludge use or disposal criteria, guidelines
or regulations developed under Section 405 of the Act or
any criteria, guidelines, or regulations affecting sludge
use or aisposal developed pursuant to the Solid waste
-7-
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 POTW to vio-
late its NPDES 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-
leasea in a single extraordinary discharge episode of such
volume or strength as to cause interference to the POTW.
(12) Any wastewater which causes a hazara to human
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
100 mg/1 of either or both, or combinations thereof. The
authority may allow wastewater discharges containing free
or emulsified oil and grease up to 200 mg/1 providing the
authority can determine that the oil and grease: a)
aerives from animal or vegetable materials, b) biodegrades
reaaily 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:
-8-
Maximum
Maximum
Daily Avera�1 a (mg/1)
Grab (m9/1)
Chromium as Cr
51
15.0
Copper as Cu
3.0
9.0
Zinc as 2n
5.0
15.0
Nickel as Ni
2.0
6.0
Cadmium
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.
(4) 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
(1U) parts per million of the following gases: Hydrogen
sultide, sulphur dioxide 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.
(7) Any wastewater containing toxic pollutants in,
sufficient quantity, either singly or by interaction to
injure or interfere with any wastewater treatment process,
constitute a hazard 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,
Appenoix 8, which List, and all amenoments to such.list as
may be made from time to time, are mane a part of this
Ordinance.
(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
-9-
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
sub]ect 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. Discharqes
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
-10-
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
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
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.
6m
"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
according to the following definitions:
Group 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.
Group IV - 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:
-12-
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
sub]ect also to the following conditions:
The industrial waste discharged or deposited
into the sanitary sewers by a Group III or Group IV
user shall be subDect to periodic inspection and
sampling as often as may be deemed necessary by the
Authority. Samples shall be collected in such manner
as to be representative of the character and concen-
tration of the waste under operational conditions.
The laboratory methods used in the examination of
said waste shall be those set forth in Standard
Methods, and 40 CFR 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 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.
(2) All Group I and Group II Dischargers shall sub-
mit a wastewater Discharge Permit Application to the water
Department, the form tot which shall be provided by the
Department. In the case of existing Dischargers who have
not already complied with this section, such Application
must be submitted within 180 days .of the effective date
this Ordinance.
-13-
(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
( 2 ) above.
(4) The Authority will evaluate the completed
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
determination that the Applicant cannot meet the Pretreat-
ment Standards specified in this Ordinance, it may specify
that additional pretreatment operations will be requires
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.
(1) 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, bjut not limited to dates relating to hiring
-14-
an engineer, completing preliminary plans, completing
final plans, executing contract for major components,
commencing construction, completing construction, and
all other acts necessary to achieve compliance with
this Ordinance.
(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
pate in this schedule shall not be later than the
compliance date established for applicable
categorical pretreatment standards.
(111) Not later than 14 days following each
milestone date in the schedule and the final date for
compliance, the Discharger shall submit a progress
report to the Authority, including no less than a
statement as to whether or not it complied with the
increment of progress represented by that milestone
oate 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
schedule. In no event shall more than 9 months
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
-15-
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
certain 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, ana standards for tests, laboratory
analysis method, and reporting schedule;
(6) Compliance schedules;
(7) Requirements for submission of special
technical reports or discharge reports where same
oifter from those prescribed by this Ordinance;
(8) Duration of Permit;
-16-
(9) Limitation on Permit Transfer: Wastewater
Discharge Permits are issued to a specific Discharger
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 Discharqer
(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 Corm provided by the
Authority), indicating the nature and concentration
of all prohibited or regulated substances contained
in its discharge, and the average and maximum daily
flow in gallons. The report from existing Dischargers
shall state whether the applicable Categorical
Pretreatment Standards are being met on a consistent
basis and, if not, what additional 06M 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
Discharger, and certified by a qualified engineer
licensed in the State of Texas.
(2) Periodic Compliance Reports: Any Discharger
subject to a Categorical Pretreatment Standard made a
part of this Ordinance, atter the compliance date of
such Pretreatment Standard, or, in the case of a New
mom
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
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. Flows 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 maximum flows estimated by verifiable
techniques. The Authority, taking into consideration
such Lactors 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
following the date for final compliance by the Dis-
charger with applicable Pretreatment Standards set
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 maximum daily flow in
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 O&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
a qualified engineer licensed in the State of Texas.
Reports of Dischargers shall contain all results
of sampling and analysis of the discharge, including
the flow rate, the nature and concentration of the
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
prescribed in the applicable Categorical Pretreatment
Standard made a part of this Ordinance, or more
trequently as designated by the Authority.
Sampling shall be done in accordance with Stan-
Gard 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
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
right to set up on the Discharger's property such
devices as are necessary to conduct sampling, inspec-
tion, compliance monitoring and metering or
measuring operations. The inspectors, agents or
representatives of the Authority charged with the
enforcement of this section shall be deemed to be
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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 aamage, 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
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
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
Director that a substantial portion of the water as
measured by the atoresaid meter, or meters, does not
enter the sanitary sewer system of the Authority,
then the Director may require or permit the installa-
tion of adcitional meters at the owner's expense in
such a manner as to measure the quantity of water
actually entering the said sanitary sewage system
from 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 aevice 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 or the sewage to be used to determine the
sewer service charge.
(e) Permit Modifications
(i) 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
Stanoards are promulgated before EPA approval of the Authority's
Pretreatment Program, the wastewater Discharge Permit of each Dis-
charger suo)ect to iuch 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
snail automatically become a part of this Ordinance. where a Dis-
charger, sub)ect 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 promulyation of an applicable Categorical
Pretreatment Standard, the information required by Section 5.c.(i),
above. The Discharger shall be informed of any proposed changes in
nis 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
public disclosure, provided, however, that the Discharger may
request that information not be subject to public disclosure, in
accoraance with 40 CFR Part 2, as follows:
(a) A Discharger may assert a business confi-
aentiality claim covering part or all of the inform-
ation, in a manner described below, and that inform-
ation 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
asserted, all information will be subject to public
disclosure without further notice to the Discharger.
(2) Method and time of asserting business confidentiality
claim:
A Discharger which is submitting information to the
Authority may assert a business confidentiality claim covering the
information by placing on (or attaching to) the information, at the
time it is submitted to the Authority, a cover sheet, stamped or
typed legend, or other suitable form of notice employing language
such as "trade secret," "proprietary," or "company confidential."
Allegedly confidential portions of otherwise nonconfidential
documents should be clearly identified by the business, and may be
submitted separately to facilitate identification and handling by
the Authority. If the business desires confidential treatment only
until a certain crate or until the occurrence of a certain event, the
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 sub]ect 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: (i) tactually 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 )udicial order with respect thereto.
(b) Notification of Violation - Administrative Adjustment:
whenever the Authority finds that any Discharger has engaged in con-
duct which ]ustifies 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) Gays 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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(c) Show Cause Hearinq
Where the violation of Section 6(a) hereof is not corrected by
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 proposea 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
action, and directing the Discharger to show cause before the
Authority or its designee why the proposed enforcement action should
not be taken. The notice of the hearing shall be served no less
than ten (10) days before the hearing. Service may be mace on any
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
allegea improper activities of the Uischarger.
(d) Hight of Appeal of Administrative Rulinq
Any Discharger or any interested party shall have the right to
request in writing an interpretation or .ruling by the Authority on
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 Proceedinqs
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 wastewater
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
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
and/or the wastewater or water service upon proof by the Discharger
of the cessation of the non -complying discharge or elimination of
conaitions creating the threat of imminent or substantial danger as
set forth above. The City water and/or wastewater service shall only
be reconnected at the Dischargers expense.
(g) Operating Upsets
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
specify:
1) Description of the upset, the cause thereof and
the upset'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
other conditions of non-compliance.
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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(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 aischarge.
(L) Falsifyinq 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 talsifies, 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
(a) Removal Credits
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 ad]ust Categorical Pretreatment
Standards to reflect the presence of pollutants in the Discharger's
intake water, in accordance with 40 CFR Part 402.15.
(c) Preservation of Records
All Dischargers sub3ect 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.
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I
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-
tained 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 Administerinq Proqram
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
(S) entorcement
(e) Right of Revision: The Authority reserves the right to
amend th.is 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
1n conflict, and as to all other Ordinances or provisions of the
Fort North City Code not in airect conflict herewith, this Ordinance
shall be and is hereby mace 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 amenaments thereto, of the Fort Worth City Coae (1964), as
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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 it any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitu-
tional by the valid 3udgment or decree of any court of competent
3urisdiction, 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 Coce relating to sewer service shall be deemed an
offense and punishable by a fine not exceeding Two Hundred Dollars
(5200), 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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• - 0,00,
ORDINANCE NO. ?411V7
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,
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 bit may be prosecuted until final disposition by the courts.
i
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
i
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 ordi-
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:
ADOPTED:
EFFECTIVE:
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