HomeMy WebLinkAboutOrdinance 15496ORDINANCE N0. ~ ~~~
AN ORDINANCE AMENDING CHAPTER 12.5 OF THE CODE OF
THE CITY OF FORT WORTH (1986), AS AMENDED, BY
AMENDING CERTAIN DEFINITIONS AND ADDING A DEFINITION
IN SECTION 12.5-103; BY AMENDING SECTION 12.5-104; BY
ADDING CERTAIN DEFINITIONS IN SECTION. 12.5-600; BY
AMENDING SECTION 12.5-610; BY ADDING A NEW SECTION
12.5-610.1; BY AMENDING SECTION 12.6-620; BY AMENDING
SECTION 12.5-630; BY AMENDING SECTION 12.5-631(c); BY
AMENDING SECTION 12.5-644; BY AMENDING SECTIONS 12.5-
659(a) AND (c); BY AMENDING SECTION 12.5-660; AND BY
AMENDING SECTION 12.5-677; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL
ORDINANCES ~ AND PROVISIONS OF THE FORT WORTH CITY
CODE IN CONFLICT HEREWITH; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY . CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH:
SECTION 1.
The definitions"COD;`~ommissiori;`2nterferenc~;`~'ass througH;`I'OTW;`~anitary
sewed; and"Sluff' contained in Section 12.5-103, Definitions, of Chapter 12.5 of the Code
of the City of Fort Worth (1986), as amended, are hereby amended to be and read as
follow:
COD (chemical oxygen demand) means the measure of the oxygen-
consmning capacity of inorganic matter present in the water or wastewater
expressed in ing/L as determined by the amount of oxidant consumed from a
chemical reflux. Such term does not, however, differentiate between stable
and unstable organic matter, and therefore does not necessarily correlate with
BOD.
Commission means the Texas Commmission on Environmental Quality and its
successor agencies.
Interference means a discharge to the POTW, which alone or in conjunction
with a discharge or discharges from other sources inhibits or disnipts the
POTW, its treatment processes or operations or its sludge processes, use or
disposal, and:
(a) causes a violation of the POTW's TPDES permit; or
(b) prevents sewage sludge use or disposal in compliance with any of the
following statutory/regulatory provisions or permits issued
thereunder, or any more stringent State or local regulations: Section
405 of the Act; the Solid Waste Disposal Act, including Title II
commonly referred to as the Resource Conservation and Recovery
Act (RCRA); any State regulations contained in any State sludge
management plan prepared pursuant to Subtitle D of the Solid Waste
Disposal Act; the Clean Air Act; the Toxic Substances Control Act;
and the Marine Protection, Research, and Sanctuaries Act.
Pass through. means a discharge which exits the POTW into waters of the
State or waters of the United States and which, alone or in conjunction with
quantities or concentrations from other sources, cause a violation of any
requirement of the POTW's TPDES permit (including an increase in the
magnitude or duration of a violation).
POTW (Publics Owned Treatment Worlcs) Publicly Owned Treatment
Worl~s or POTW means a treatment works as defined by section 212 of the
Act, which is owned by a State or municipality (as defined by section
502(4) of the Act). This definition includes any sewers that convey
wastewater to such a treatment works, but does not include pipes, sewers
or other conveyances not connected to a facility providing treatment. The
term also means the municipality as defined in section of the Act, which
has jurisdiction over the indirect discharges to and the discharges from
such a treatment works.
Sanitary sewer (or sewer) means the system of pipes, conduits, and other
conveyances which carry industrial waste and domestic sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, to the POTW (and to
which stormwater, surface water, and groundwater are not intentionally
admitted).
Slug_(slu lg oad) means any discharge of anon-routine, episodic nature,
including but not limited to an accidental spill or anon-customary batch
discharge.
Section 2.
Section 12.5-103, Definitions, of Chapter 12.5 of the Code of the City of Fort
Worth (1986), as amended, is hereby amended to include a definition of"TPDES permit;
which shall be and read as follows:
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TPDES pernut means a permit issued by the State under authority delegated
pursuant to 33 USC 1342(b) that authorizes the discharge of pollutants to
waters of the United States, whether the permit is applicable on an
individual, group, or general area-wide basis.
Section 3
Section 12.5-104, Abbreviations, of the Code of the City of Fort Worth
(1986) as amended, is hereby further amended to be and read as follows:
Section 12.5-104. Abbreviations.
The following abbreviations when used in this chapter shall have the
following meanings:
O AVB - atmospheric vacuum breaker
O BMP -best management practices
O BOD - biochemical oxygen demand
O °C - degrees Celsius (centigrade)
O CERCLA Comprehensive Environmental Response,
Compensation and Liability Act
O CFR - Code of Federal Regulations
O COD - chemical oxygen demand
O CWF - combined wastestream formula
O DC - double check valve
O DDC - double detector check valve
O EPA - U.S. Environmental Protection Agency
O °F - degrees Fahrenheit
O FWA - flow weighted average
O gpd - gallons per day
O mg/1 - milligrams per liter
O MS4 - municipal separate storm sewer system
O NPDES- National Pollutant Discharge Elimination System
O POTW - publicly owned treatment works
O PVB - pressure vacuum breaker
O RCRA - Resource Conservation and Recovery Act
O RP - reduced pressure principle
O TAC - Texas Administrative Code
O TCEQ - Texas Commission on Environmental Quality
O TOMP - toxic organic management plan
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O TPDES- Texas Pollutant Discharge Elimination System
O TRA - Trinity River Authority
O TRC - technical review criteria
O TSS - total suspended solids
O TTO - Total Toxic Organics
O USC - United States Code
Section 4.
Section 12.5-600, Definitions, of Chapter 12.5 of the Code of the City of Fort
Worth (1986), as amended, is hereby amended to include the definitions of `BTEX;
Instantaneous Maximum Allowable Discharge Limit; "Shall; `9VIa}~; and `°Total Toxic
Organics'which shall be and read as follows:
BTEX means the sum of the concentrations of Benzene, Toluene, Xylene
and Ethyl Benzene
Instantaneous Maximum Allowable Dischar eg Limit means the maximum.
concentration of a pollutant allowed to be discharged at any time,
determined from the analysis of any discrete or composited sample
collected, independent of the industrial flow rate and the duration of the
sampling event.
Shall is mandatory;
May is permissive or discretionary;
Total Toxic Organics means the sum of the masses or concentration of the
toxic organic compounds listed in 40CFR 122 Appendix D, Table II,
excluding pesticides, found in industrial users' discharge at a concentration
greater than 0.01 mg/l. Only those parameters reasonably suspected to be
present, if any, shall be analyzed for with non-categorical industries. With
Categorical industries, TTOs will be sampled for as stipulated in the
particular category or those parameters reasonably suspected to be present,
where no stipulated.
Section 5.
Section 12.5-604, Incorporation of EPA or TCEQ Standards, of the Code of the
City of Fort Worth (1986), as amended, is hereby further amended to be and read as
follows:
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Section 12.5-604. Incorporation of EPA or TCEQ Standards.
All categorical pretreatment standards, sewage pretreatment rules, lists of
toxic pollutants, industrial categories, and other applicable regulations
promulgated by the EPA or TCEQ, .including all future amendments of
same, are hereby incorporated into this Article.
Section 6.
Section 12.5-610, Discharges to the City of Fort Worth Village Creels Wastewater
Treatment Facility, of the Code of the City of Fort Worth (1986), as amended, is hereby
further amended to be and read as follows:
Section 12.5-610. Discharges to the City of Fort Worth Village Creels
Wastewater Treatment Facility.
(a) General Prohibitions
No •user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass through or interference.
These general prohibitions apply to all users of the POTW regardless
of whether they are subject to categorical pretreatment standards or
any other National, State, or local pretreatment standards or
requirements.
(b) ~ecific Prohibitions
No user shall introduce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the
POTW, including, but not limited to, waste streams with a
closed-cup flashpoint of less than 140°F (60°C) using the test
methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.0 or more than 12.0, or
otherwise causing corrosive or structural damage to the
POTW or equipment;
(3) Solid or viscous substances in amounts which will cause
obstruction of the flow in the POTW resulting in interference
but in no case solids greater than one-half (1/2) inch in any
dimension;
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(4) ,Oil and Grease
A. Fats, oils, or greases of animal or vegetable origin in
concentrations greater than. 500 mg/L.
B. Petroleum oil, non-biodegradable cutting oil, or
products of mineral oil origin in concentrations
greater than 200 mg/L.
C. In no case shall discharges in amounts that cause
interference or operational problems with the POTW
be allowed.
(5) Pollutants, including oxygen-demanding pollutants (BOD,
etc.), released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with
other pollutants, will cause interference with the POTW;
(6) Wastewater having a temperature greater than 150°F (65°C),
or which will inhibit biological activity in the treatment plant
resulting in interference, but in no case wastewater which
causes the temperature at the introduction into the treatment
plant to exceed 104°F (40°C);
(7) Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference or
pass through;
(8) Pollutants which result in the presence of toxic gases, vapors,
or fiunes within the POTW in a quantity that may cause acute
worker health and safety problems;
(9) Trucked or hauled industrial waste, except as approved in
writing by the Director;
(10) Noxious or malodorous liquids, gases, solids, or other
wastewater which, either singly or by interaction with other
wastes, are sufficient to create a public nuisance or a hazard
to life, or to prevent entry into the sewers for maintenance or
repair;
(11) Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of
10 parts per million in water.
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(12) Wastewater which imparts color which cannot be removed
by the treatment process, such as, but not limited to, dye
wastes and vegetable tatuung solutions;
(13) Wastewater containing any radioactive wastes or isotopes
except in compliance with applicable State or Federal
regulations;
(14) Storm water, surface water, ground water, artesian well
water, roof runoff, subsurface drainage, condensate,
deionized water, noncontact cooling water, and unpolluted
wastewater, unless specifically authorized by the Director;
(15) Sludges, screenings, or other residues from the pretreatment
of industrial wastes;
(16) Medical wastes, except as specifically authorized by the
Director in a wastewater discharge permit;
(17) Wastewater causing, alone or in conjunction with other
sources, the treatment plant's effluent to fail a toxicity test;
(18) Detergents, surface-active agents, or other substances
which may cause excessive foaming in the POTW; or
(19) Swimming pool drainage from private residential pools.
Swimming pool drainage from public and semi-public
swimming pools may be discharged to the POTW with the
prior consent of the Director. Swimming pool filter
backwash maybe discharged to the POTW.
(c) Cate og rical pretreatment
The categorical pretreatment standards found at 40 CFR Chapter I,
Subchapter N, Parts 405-471 are hereby incorporated into this
Article. A user shall not discharge in violation of categorical
pretreatment standards.
(1) Where a categorical pretreatment standard is expressed only
in terms of either the mass or the concentration of a pollutant
in wastewater, the Director may impose equivalent
concentration or mass limits in accordance with 40 CFR
403.6(c).
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(2) When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same
standard, the Director shall impose an alternate limit using
the combined wastestream formula in 40 CFR 403.6(e) or by
a flaw weighted average.
(3) A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and
substantive provisions in 40 CFR 403.13, that factors relating
to its discharge are fundamentally different from the factors
considered by the EPA when developing the categorical
pretreatment standard.
(4) A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
(d) Local limits
The following local pollutant limits are established to protect against
pass through and interference. The limits apply at the point where
the wastewater is discharged to the POTW. The Director may
impose mass limitations in addition to, or in place of, the
concentration-based limitations. All concentrations for metallic
substances are for total metal unless indicated otherwise. No person
shall discharge wastewater containing:
(1) Metals in the form of compounds or elements with total
concentrations exceeding the following:
ME'I'AI., l~~~XIMITM
I9AILY
AVERAGE
mg/L MAXIMUM
~~
mg/I~
Arsenic 0.1 0.3
Cadmium 0.3 0.9
Chromium 5.0 15.0
Copper 3.0 9.0
Lead 2.9 8.7
Mercury 0.01 0.03
Nickel 2.0 6.0
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Silver 0.1 0.3
Zinc 5.0 15.0
Cyanide or
cyanogens
compounds
(expressed as total 1.0
CN-
(e) A person commits an offense if with criminal negligence the
person processes or stores pollutants, substances, or wastewater
prohibited by this Section in such a manner that they could be
discharged to the POTW.
Section 7.
Chapter 12.5 of the Code of the City of Fort Worth is hereby amended by adding
anew section 12.5-610.1, Discharges to the Trinity River Authority Central Regional
Wastewater Treatment Facility, which shall be and read as follows:
Section 12.5-610.1 Discharges to the Trinity River Authority Central
Regional Wastewater Treatment Facility.
(a) General Prohibitions
No user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass through or interference.
These general prohibitions apply to all users of the POTW regardless
of whether they are subject to categorical pretreatment standards or
any other National, State, or local pretreatment standards or
requirements.
(b) ~ecific Prohibitions
No user shall introduce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the
POTW, including, but not limited to, waste streams with a
closed-cup flashpoint of less than 140°F (60°C) using the test
methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.5 or more than 11.0, or
otherwise causing corrosive or structural damage to the
POTW or equipment;
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(3) Solid or viscous substances in amounts which will cause
obstruction of the flow in the POTW resulting in interference
but in no case solids greater than one-half (1/2) inch in any
dimension or Fats, Oil and Grease measured as Total Oil &
Grease in excess of X09-200 mg/1;
(4) Pollutants, including oxygen-demanding pollutants (BOD,
etc.), released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with
other pollutants, will cause interference with the POTW;
(5) Wastewater having a temperature greater than 150°F (65°C),
or which will inhibit biological activity in the treatment plant
resulting in interference, but in no case wastewater which
causes the temperature at the uztroduction into the treatment
plant to exceed 104°F (40°C);
(6) Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference or
pass through;
(7) Pollutants which result in the presence of toxic gases,
vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems;
(8) Trucked or hauled waste except at discharge points
designated by the Director;
(9) Noxious or malodorous liquids, gases, solids, or other
wastewater which, either singly or by interaction with other
wastes, are sufficient to create a public nuisance or a hazard
to life, or to prevent entry into the sewers for maintenance or
repair; Hydrogen Sulfide, sulfur dioxide or nitrous oxide in
excess of 10 parts per million .in water.
(10) Wastewater which imparts color which cannot be removed
by the treatment process, such as, but not limited to, dye
wastes and vegetable tatlning solutions;
(11) Wastewater containing any radioactive wastes or isotopes
except in compliance with applicable State or Federal
regulations;
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(12) Storm water, surface water, ground water, artesian well
water, roof runoff, subsurface drainage, condensate,
deionized water, noncontact cooling water, and .unpolluted
wastewater, unless specifically authorized by the Director;
(13) Sludges, screenings, or other residues from the pretreatment
of industrial wastes;
(14) Medical wastes, except as specifically authorized by -the
Director in a wastewater discharge permit;
(15) Wastewater causing, alone or in conjunction with other
sources, the treatment plant's effluent to fail a toxicity test;
Total Toxic Organics in excess of 2.13 mg/1 collected as a
grab sample.
(16) Detergents, surface-active agents, or other substances
which may cause excessive foaming in the POTW; or
(17) Swiliuning pool drainage from private residential pools.
Swimming pool drainage from public and semi-public
swimming pools may be discharged to the POTW with the
prior consent of the Director. Swimming pool filter
backwash maybe discharged to the POTW.
(c) Categorical pretreatment
The categorical pretreatment standards found at 40 CFR Chapter I,
Subchapter N, Parts 405-471 are hereby incorporated into this
Article. A user shall not discharge in violation of categorical
pretreatment standards.
(1) Where a categorical pretreatment standard is expressed only
in terms of either the mass or the concentration of a pollutant
in wastewater, the Director may impose equivalent
concentration or mass limits in accordance with 40 CFR
403.6(c).
(2) When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the
same standard, the Director shall impose an alternate limit
using the combined wastestream formula in 40 CFR
403.6(e) or by a flow weighted average.
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(3) A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and
substantive provisions in 40 CFR 403.13, that factors relating
to its discharge are fundamentally different from the factors
considered by the EPA when developing the categorical
pretreatment standard.
(4) A user may obtain a net gross adjustment to a categorical
standard in accordance3 with 40 CFR 403.15.
(d) Local limits
The following local pollutant limits are established to protect against
pass through and interference. The limits apply at the point where
the wastewater is discharged to the POTW. The Director may
impose mass limitations in addition to, or in place of, the
concentration-based limitations. All concentrations for metallic
substances are for total metal unless indicated otherwise. No person
shall discharge wastewater containing:
(1) Metals in the form of compounds or elements with total
concentrations exceeding the following:
METAL INSTANTANEOUS
MA~~IlVIUM
ALLOWABLE
DISCHARGE LIMIT
mg/L
Arsenic 8~ 0.2
Barium ~9 No Lalx-it
Cadmium 0.1
Chromium 3~ 2.9
Copper ~ 2.3
Lead ~8 0.9
Manganese 3-5_
Mercury 8:998.0004
Molybdenum ~ 0.2
Niclcel X4.6
Selenium 8:8~ 0.1.
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Silver 8:?~ 0.8
Zinc ~ 8.0
Cyanide or cyanogen -1:9 0.5
compounds
(expressed as total
CN-)
(e) A person commits an offense if with criminal negligence the person
processes or stores pollutants, substances, or wastewater prohibited by this
Section in such a manner that they could be discharged to the POTW.
Section 8.
Chapter 12.5 of the Code of the City of Fort Worth is hereby amended by adding
a new section 12.5-610.2, Discharges to the Trinity River Authority Denton Creels
Wastewater Treatment Facility, which shall be and read as follows:
Section 12.5-610.2 Discharges to the Trinity River Authority Denton
Creels Wastewater Treatment Facility.
(a) General Prohibitions
No user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass through or interference.
These general prohibitions apply to all users of the POTW regardless
of whether they are subject to categorical pretreatment standards or
any other National, State, or local pretreatment standards or
requirements.
(b) Specific Prohibitions
No user shall introduce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the
POTW, including, but not limited to, waste streams with a
closed-cup flashpoint of less than 140°F (60°C) using the test
methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 6.0 or more than 10.0, or
otherwise causing corrosive or structural damage to the
POTW or equipment;
(4) Solid or viscous substances in amounts which will cause
obstruction of the flow in the POTW resulting in interference
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but in no case solids greater than one-half (1/2) inch in any
dimension or Fats, Oil and Grease measured as Total Oil &
Grease in excess of 100 mg/1;
(5) Pollutants, including oxygen-demanding pollutants (BOD,
etc.), released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with
other pollutants, will cause interference with the POTW;
Biochemical Oxygen Demand (5-Day) in excess of 250 mg/1
surcharge limit only), Tot al Suspended Solids in excess of
250 mg/1 (surcharge limit only).
(6) Wastewater having a temperature greater than 150°F (65°C),
or which will inhibit biological activity in the treatment plant
resulting in interference, but in no case wastewater which
causes the temperature at the introduction into the treatment
plant to exceed 104°F (40°C);
(7) Petroleum oil, nonbiodegradable cutting 'oil, or products of
mineral oil origin, in amounts that will cause interference or
pass through;
(8) Pollutants which result in the presence of toxic gases, vapors,
or fiunes within the POTW in a quantity that may cause acute
worker health and safety problems;
(9) Trucked or hauled waste except at discharge points
designated by the Director;
(10) Noxious or malodorous liquids, gases, solids, or other
wastewater which, either singly or by interaction with other
wastes, are sufficient to create a public nuisance or a hazard
to life, or to prevent entry into the sewers for maintenance or
repair; Hydrogen Sulfide, sulfur dioxide or nitrous oxide in
excess of ~8-U_l parts per million in water.
(11) Wastewater which imparts color which cannot be removed
by the treatment process, such as, but not limited to, dye
wastes and vegetable tantung solutions;
(12) Wastewater containing any radioactive wastes or isotopes
except in compliance with applicable State or Federal
regulations;
(13) Storm water, surface water, ground water, artesian well
water, roof runoff, subsurface drainage, condensate,
PRETREATMENT AMENDMENTS
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deionized water, noncontact cooling water, and unpolluted
wastewater, unless specifically authorized by the Director;
(14) Sludges, screenings, or other residues from the pretreatment
of industrial wastes;
(15) Medical wastes, except as specifically authorized by the
Director in a wastewater discharge permit;
(16) Wastewater causing, alone or in conjunction with other
sources, the treatment plant's effluent to fail a toxicity test;
Total Toxic Organics in excess of X31_0 mg/1 collected as a
grab sample.
(17) Detergents, surface-active agents, or other substances
which may cause excessive foaming in the POTW; or
(18) Swinuning pool drainage from private residential pools.
Swimming pool drainage from public and semi-public
swimming pools may be discharged to the POTW with the
prior consent of the Director. Swimming pool filter
backwash maybe discharged to the POTW.
(c) Cate og rival pretreatment
The categorical pretreatment standards found at 40 CFR Chapter I,
Subchapter N, Parts 405-471 are hereby incorporated into this
Article. A user shall not discharge in violation of categorical
pretreatment standards.
(1) Where a categorical pretreatment standard is expressed only
in terms of either the mass or the concentration of a pollutant
in wastewater, the Director may impose equivalent
concentration or mass limits in accordance with 40 CFR
403.6(c).
(2) When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the
same standard, the Director shall impose an alternate limit
using the combined wastestream formula in 40 CFR
403.6(e) or by a flow weighted average.
(3) A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and
substantive provisions in 40 CFR 403.13, that factors relating
to its discharge are fundamentally different from the factors
PRETREATMENT AMENDMENTS
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Page 15 of 21?8~4•
considered by the EPA when developing the categorical
pretreatment standard.
(4) A user may obtain a net gross adjustment to a categorical
standard in accordance3 with 40 CFR 403.15.
(d) Local limits
The following local pollutant limits are established to protect against pass
through and interference. The limits apply at the point where the wastewater
is discharged to the POTW. The Director may impose mass limitations in
addition to, or in place of, the concentration-based limitations. All
concentrations for metallic substances are for total metal unless indicated
otherwise. No person shall discharge wastewater containing:
(1) Metals in the form of compounds or elements with total
concentrations exceeding the following:
METAL INSTANTANEOUS
MAXIM[JM
ALLOWABLE
DISCHARGE LIMIT
mg/L
Arsenic 0.1
Barium 1.0
Cadmium 0.1
Chromium 1.0
Copper 1.5
Lead 1
Mercury 0.005
Nickel 1.0
Selenium .OS
Silver 0.1
Zinc 2.0
Cyanide or cyanogen
compounds
(expressed as total
CN-) X82_0
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(e) A person commits an offense if with criminal negligence the person
processes or stores pollutants, substances, or wastewater prohibited by this
Section in such a manner that they could be discharged to the POTW.
Section 9.
Subsection (a) of Section 12.5-620, Pretreatment Facilities, of the Code of the
City of Fort Worth (1986), as amended, is hereby further amended to be and read as
follows:
(a) Users shall provide wastewater treatment as necessary to comply
with this Article and shall achieve compliance with all categorical
pretreatment standards, local limits, and the prohibitions set out in Division 2
of this Article within the time limitations specified by EPA or TCEQ, the
State, or the Director, whichever is more stringent.
Section 10.
Section 12.5-630, Wastewater Analysis, of the Code of the City of Fort Worth
(1986), as amended, is hereby further amended to be and read as follows:
When requested by the Director, a user shall submit information on the
nature and characteristics of its wastewater within the time specified within
the request. The Director is authorized to prepare a form for this purpose
and may periodically require users to update this information.
Section 11.
Subsection (c) of Section 12.5-631, Wastewater Discharge Permit Required, of the
Code of the City of Fort Worth (1986), as amended, is hereby further amended to be and
read as follows:
(c) The Director may require any Group II or Group IlI user to obtain a
wastewater discharge permit. Within thirty (30) days after being notified by
the Director that a wastewater discharge permit is required, the user shall
submit a completed application in compliance with this Article. After sixty
(60) days from the date a Group II or Group III user is notified by the
Director that a permit is required, the user shall cease discharge to the
POTW without a wastewater discharge permit.
Section 12.
Section 12.5-644, Permit Transfer, of the Code of the City of Fort Worth (1986),
as amended, is hereby further amended to be and read as follows:
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Section 12.5-644. Permit Transfer.
Wastewater discharge permits may be transferred to a new owner or operator
only if the pernuttee gives advance notice to the Director and the Director
approves the pernvt transfer. Failure to provide advance notice of a transfer
renders the wastewater discharge permit void as of the date of facility
transfer. The notice shall include a written certification by the new owner or
operator which:
Section 13.
Subsections (a) and (c) of Section 12.5-659, Notification of the Discharge of
Hazardous Waste, of the Code of the City of Fort Worth (1986), as amended, are hereby
further amended to be and read as follows:
(a) Pursuant to 40 CFR §403.12(p), any user who commences the
discharge of hazardous waste shall notify the Director, the EPA
Region VI Waste Management Division Director, and the TCEQ, in
writing, of any discharge into the POTW of a substance which, if
otherwise disposed of, would be a hazardous waste under 40 CFR
Part 261.
(c) In the case of any new regulations under Section 3001 of RCRA
identifying additional characteristics of hazardous waste or listing
any additional substance as a hazardous waste, the user shall notify
the Director, the EPA Region VI Waste Management Division
Director, and the TCEQ of the discharge of such substance within
ninety (90) days of the effective date of such regulations.
Section 14.
Section 12.5-660, Analytical Requirements, of the Code of the City of Fort Worth
(1986), as amended, is hereby further amended to be and read as follows:
Section 12.5-660. Analytical Requirements.
All pollutant analyses, including sampling techniques, to be submitted as
part of a wastewater discharge permit application or report shall be
performed in accordance with the techniques prescribed in 40 CFR Part 136,
unless otherwise specified in an applicable categorical pretreatment standard.
If 40 CFR Part 136 does not contain sampling or analytical techniques for
the pollutant in question, sampling and analyses shall be performed in
accordance with procedures approved by EPA or TCEQ.
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Section 15.
Section 12.5-677, Affirmative Defenses to Discharge Violations, of the Code
of the City of Fort Worth (1986), as amended, is hereby further amended to be and
read as follows:
Section 12.5-677. Affirmative Defenses to Discharge Violations.
(a) Act of God
In an action brought in municipal or state court, if a person can establish
that an event that would otherwise be a violation of a pretreatment
ordinance or, a permit issued under the ordinance was caused solely by an
act of God, war, strike, riot, or other catastrophe, the event is not a
violation of the ordinance or permit. In an enforcement proceeding, the
user seeking to establish the occurrence of an act of God, war, strike, riot,
or other catastrophe shall have the burden of proof. In the event that an
Act of God, war, strike, riot, or other catastrophe has been established the
user shall control production of all discharges to the extent possible until
such time as the reduction, loss, or failure of it's treatment facility is
restored or an alternative method of treatment is provided.
(b) Upset
In an action brought in federal court, it is an affirmative defense to
an enforcement action brought for noncompliance with categorical
pretreatment standards that the noncompliance was caused by upset,
if the user demonstrates, through properly signed, contemporaneous
operating lags, or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of
the upset;
(2) The facility was at the time being operated in a prudent and
worlanan-like manner and in compliance with applicable
operation and maintenance procedures; and
(3) The user has submitted the following information to the
Director within twenty-four (24) hours of becoming aware of
the upset. If this information is provided orally, a written
submission shall be provided within five (5) days:
A. A description of the indirect discharge and cause of
noncompliance;
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B. The period of noncompliance, including exact dates
and times or, if not corrected, the anticipated time the
noncompliance is expected to continue; and
C. Steps being taken and/or planned to reduce,
eliminate, and prevent recurrence of the
noncompliance.
(c) Prohibited Discharge Standards
It is an affirmative defense to an enforcement action brought against
a user for noncompliance with the general prohibition of Section
12.5-610(a) or a specific prohibition of Section 12.5-610(b) (3), (4),
(5), (6), or (7), that the user did not lrnow, or have reason to lrnow,
that its discharge, alone or in conjunction with discharges from other
sources, would cause pass through or interference and that either:
(1) A local limit exists for each pollutant discharged and the user
was in compliance with each limit directly prior to, and
during, the pass through or interference; or
(2) No local limit exists, .but the discharge did not change
substantially in nature or constituents from the user's prior
discharge when the City was regularly in compliance with its
NPDES permit, and in the case of interference, was in
compliance with applicable sludge use or disposal
requirements.
SECTION 16.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinance and such
Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 17.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any 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.
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SECTION 18.
This ordinance shall take effect upon its adoption.
APPROVED AS TO FORM AND LEGALITY:
~p ___
Assistant ity Attorney
Adopted: ~~ ~~ ~ ~ ~J
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