HomeMy WebLinkAboutOrdinance 27966-09-2025Industrial Wastewater Discharge Ordinance Amendment Ordinance No. 27966-09-2025
Page 1 of 8
ORDINANCE NO. 27966-09-2025
AN ORDINANCE AMENDING CHAPTER 12.5, “ENVIRONMENTAL
PROTECTION AND COMPLIANCE,” OF THE CODE OF THE CITY OF
FORT WORTH, TEXAS (2015), AS AMENDED, BY AMENDING
ARTICLE I, DIVISION 1, SECTION 12.5-103 TO REVISE THE
DEFINITION OF CATEGORICAL INDUSTRIAL USER; AMENDING
ARTICLE VI, DIVISION 2, SECTION 12.5-610.2 TO REVISE THE
PROHIBITIONS AND LIMITS FOR DISCHARGES TO THE TRINITY
RIVER AUTHORITY DENTON CREEK REGIONAL WASTEWATER
SYSTEM; AMENDING ARTICLE VI, DIVISION 7, SECTIONS 12.5-671.1
AND 12.5-671.2 TO REVISE REGULATIONS PERTAINING TO
PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE FOR
FACILITIES DISCHARGING TO THE TRINITY RIVER AUTHORITY
CENTRAL REGIONAL WASTEWATER SYSTEM AND THE TRINITY
RIVER AUTHORITY DENTON CREEK REGIONAL WASTEWATER
SYSTEM; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF
THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Pretreatment Division of the Fort Worth Water Department operates a
program designed to prevent the introduction of pollutants into the City’s wastewater system that
will interfere with its operation; and
WHEREAS, the purposes of the pretreatment program include protecting the health and
safety of City personnel and the general public, protecting the Publicly Owned Treatment Works,
promoting the reuse and recycling of industrial wastewater and sludge, and enabling the City to
comply with federal and state regulations; and
WHEREAS, pursuant to Section 12.5-610 of the City Code, local pollutant limits on
industrial discharge are established and permits for certain significant discharges are required to
protect the health and safety of the City’s wastewater and system; and
WHEREAS, the definition of Categorical Industrial User is not currently included in the
definitions section of Chapter 12.5, Article VI: Industrial Wastewater and needs to be added; and
WHEREAS, the Texas Commission on Environmental Quality (“TCEQ”), at the request
of the Trinity River Authority, has removed the specific prohibition for total toxic organic
materials for the Trinity River Authority Denton Creek Regional Wastewater System; and
WHEREAS, the local limits for wastewater discharge into the Trinity River Authority
Denton Creek Regional Wastewater System need to be amended based on new calculations
performed by the Trinity River Authority, and approved by the TCEQ; and
Industrial Wastewater Discharge Ordinance Amendment Ordinance No. 27966-09-2025
Page 2 of 8
WHEREAS, TCEQ approved the Trinity River Authority’s request to implement
pretreatment streamlining provisions regarding the deadline for industrial users who discharge
wastewater to the Trinity River Authority Denton Creek Regional Wastewater System and the
Trinity River Authority Central Regional Wastewater System to be subject to the same reporting
requirements as industrial users who discharge wastewater to the City’s Village Creek Water
Reclamation Facility; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS THAT:
SECTION 1.
Chapter 12.5, “Environmental Protection and Compliance,” Article I “Administration and
Enforcement,” Division 1, “General Provisions,” Section 12.5-103 “Definitions” of the Code of
the City of Fort Worth, Texas (2015), as amended, is hereby amended by amending the definition
of “Categorical Industrial User” to be and read as follows:
CATEGORICAL INDUSTRIAL USER.An Industrial User subject to a categorical Pretreatment
Standard or categorical standard.
SECTION 2.
Chapter 12.5, “Environmental Protection and Compliance,” Article VI “Industrial
Wastewater,” Division 2, “Discharge Prohibitions and Limitations,” Section 12.5-610.2
“Discharges to the Trinity River Authority Denton Creek Regional Wastewater System,”
Subsection (b) of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby amended
to be and read as follows:
(b)Specific prohibitions.No user shall introduce or cause to be introduced into the POTW
the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not
limited to, waste streams with a closed-cup flashpoint of less than one hundred forty
(140) degrees Fahrenheit (sixty (60) degrees Celsius) using the test methods
specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.5 6.0 or more than 10.0 11.0, 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 or fats, oil and grease measured as total oil and grease in
excess of two hundred (200) mg/l;
Industrial Wastewater Discharge Ordinance Amendment Ordinance No. 27966-09-2025
Page 3 of 8
(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 one hundred fifty (150) degrees
Fahrenheit (sixty-five (65) degrees Celsius), 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
one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius);
(6) Petroleum oil, non-biodegradable 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 ten (10) parts per
million;
(10) Wastewater which imparts color which cannot be removed by the treatment
process, such as, but not limited to, dye wastes and vegetable tanning solutions;
(11) Wastewater containing any radioactive wastes or isotopes except in compliance
with applicable state or federal regulations;
(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 one mg/l
collected as a grab sample.
(16) Detergents, surface-active agents, or other substances which may cause excessive
foaming in the POTW; or
Industrial Wastewater Discharge Ordinance Amendment Ordinance No. 27966-09-2025
Page 4 of 8
(17) Swimming pool drainage from private residential pools. Swimming pool drainage
from public and semi-public swimming pools may be discharged to the POTW
with the prior consent of the director. Swimming pool filter backwash may be
discharged to the POTW.
SECTION 3.
Chapter 12.5, “Environmental Protection and Compliance,” Article VI “Industrial
Wastewater,” Division 2, “Discharge Prohibitions and Limitations,” Section 12.5-610.2
“Discharges to the Trinity River Authority Denton Creek Regional Wastewater System,”
Subsection (d) of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby amended
to be and read as follows:
(d) Local limits.
(1) 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.
(2) No person shall discharge wastewater containing pollutants in the form of compounds
or elements with total concentrations exceeding the following:
POLLUTANT
Instantaneous Maximum
Allowable
Discharge Limit
mg/L
Arsenic 0.1
Barium 1.0
Cadmium 0.1 0.047
Chromium, Total 1.0 10.0
Copper 1.5 3.51
Lead 1.0 0.22
Mercury 0.005
Nickel 1.0 2.98
Industrial Wastewater Discharge Ordinance Amendment Ordinance No. 27966-09-2025
Page 5 of 8
Selenium .05
Silver 0.1
Zinc 2.0 2.99
Cyanide or cyanogen compounds
(expressed as total CN-), Total
1.0
SECTION 4.
Chapter 12.5, “Environmental Protection and Compliance,” Article VI “Industrial
Wastewater,” Division 7, “Compliance Monitoring and Enforcement,” of the Code of the City of
Fort Worth, Texas (2015), as amended, Section 12.5-671.1, “Publication of Users in Significant
Noncompliance for Facilities Discharging to the Trinity River Authority Central Regional
Wastewater System,” Sub-section (b), is hereby amended to be and read as follows:
(b) For purposes of this Section, the term SIGNIFICANT NONCOMPLIANCE shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-
six percent (66%) or more of wastewater measurements taken during a six-month
period exceed the daily maximum limit or average limit for the same pollutant
parameter by any amount;
(2) Technical review criteria (TRC) violations, defined here as those in which thirty-three
percent (33%) or more of wastewater measurements taken for each pollutant parameter
during a six-month period equals or exceeds the product of the daily maximum limit or
the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and
grease, and 1.2 for all other pollutants except pH);
(3) Any other discharge violation of a pretreatment standard or requirement as defined by
40 C.F.R. § 403.3(l) (daily maximum, long-term average or a narrative standard) that
the director determines has caused, alone or in combination with other discharges,
interference or pass through, including endangering the health of POTW personnel or
the general public;
(4) Any discharge of pollutants that has caused imminent endangerment to the public or to
the environment, or has resulted in the Director's exercise of his emergency authority
to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
(6) Failure to provide within thirty (30) forty-five (45) days after the due date, any required
Industrial Wastewater Discharge Ordinance Amendment Ordinance No. 27966-09-2025
Page 6 of 8
reports, including baseline monitoring reports, reports on compliance with categorical
pretreatment standard deadlines, periodic self-monitoring reports, and reports on
compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation, which may include a violation of Best Management Practices,
which the Director determines will adversely affect the operation or implementation of
the local pretreatment program.
SECTION 5.
Chapter 12.5, “Environmental Protection and Compliance,” Article VI “Industrial
Wastewater,” Division 7, “Compliance Monitoring and Enforcement,” of the Code of the City of
Fort Worth, Texas (2015), as amended, Section 12.5-671.2, “Publication of Users in Significant
Noncompliance for Facilities Discharging to the Trinity River Authority Denton Creek Regional
Wastewater System,” Sub-section (b), is hereby amended to be and read as follows:
(c) For purposes of this Section, the term SIGNIFICANT NONCOMPLIANCE shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-
six percent (66%) or more of wastewater measurements taken during a six-month
period exceed the daily maximum limit or average limit for the same pollutant
parameter by any amount;
(2) Technical review criteria (TRC) violations, defined here as those in which thirty-three
percent (33%) or more of wastewater measurements taken for each pollutant parameter
during a six-month period equals or exceeds the product of the daily maximum limit or
the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and
grease, and 1.2 for all other pollutants except pH);
(3) Any other discharge violation of a pretreatment standard or requirement as defined by
40 C.F.R. § 403.3(l) (daily maximum, long-term average or a narrative standard) that
the director determines has caused, alone or in combination with other discharges,
interference or pass through, including endangering the health of POTW personnel or
the general public;
(4) Any discharge of pollutants that has caused imminent endangerment to the public or to
the environment, or has resulted in the Director's exercise of his emergency authority
to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
Industrial Wastewater Discharge Ordinance Amendment Ordinance No. 27966-09-2025
Page 7 of 8
(6) Failure to provide within thirty (30) forty-five (45) days after the due date, any required
reports, including baseline monitoring reports, reports on compliance with categorical
pretreatment standard deadlines, periodic self-monitoring reports, and reports on
compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation, which may include a violation of Best Management Practices,
which the Director determines will adversely affect the operation or implementation of
the local pretreatment program.
SECTION 6.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are
in direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 7.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of Code of the City of Fort Worth which have accrued at the time
of the effective date of this ordinance and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 8.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 9.
Any person, firm, or corporation, who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation exists shall constitute a separate offense.
Industrial Wastewater Discharge Ordinance Amendment Ordinance No. 27966-09-2025
Page 8 of 8
SECTION 10.
The City Secretary of the City of Fort Worth is hereby directed to publish the caption,
penalty clause, and effective date of this ordinance for two (2) days in the official newspaper of
the City of Fort Worth, Texas as authorized by Section 52.013(a) of the Texas Local Government
Code.
SECTION 11.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Jannette S. Goodall
CitySecretary
Kevin Anders
Assistant City Attorney
ADOPTED: September 16, 2025
EFFECTIVE: October 1, 2025
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/16/25 M&C FILE NUMBER: M&C 25-0894
LOG NAME: 60INDUSTRIAL PRETREAMENT ORDINANCE
SUBJECT
(ALL) Adopt Ordinance Amending Chapter 12.5, “Environmental Protection and Compliance,” Articles I and VI of the Code of the City of Fort
Worth, Texas (2015), as Amended, to Revise Regulations Pertaining to Industrial Wastewater Facilities Discharging to the Trinity River Authority
Denton Creek Regional Wastewater System and Clarifying Regulations for Industrial Users Discharging to the Trinity River Authority Central
Regional Wastewater System
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 12.5, “Environmental Protection and Compliance,”
Articles I and VI of the Code of the City of Fort Worth, Texas (2015), as amended, to revise regulations pertaining to Industrial Wastewater
Facilities Discharging to the Trinity River Authority Denton Creek Regional Wastewater System and clarifying regulations for industrial users
discharging to the Trinity River Authority Central Regional Wastewater System.
DISCUSSION:
The City of Fort Worth (City) and the Trinity River Authority (TRA) each own and operate wastewater treatment facilities (“Facilities”), which are
regulated by individual wastewater permits issued by the Texas Commission on Environmental Quality (TCEQ) under the Texas Pollutant
Discharge Elimination System (TPDES). The Facilities have unique discharge limits into state waters, specific permitting and reporting
requirements, and a mandate to develop and enforce technically based local limits that control the concentrations of pollutants allowed into their
respective collection and treatment systems. These local limits and permit conditions are designed to protect the treatment processes and
infrastructure, ensure environmental compliance, and prevent harmful pollutants from entering natural water bodies or posing risks to public health,
all while supporting opportunities for water reclamation and biosolids disposal.
The City and TRA have a contractual agreement wherein TRA treats wastewater from certain industries and areas within the City that discharge
into the TRA collection and treatment system. In following with this agreement, the local limits applied to the TRA Denton Creek Regional
Wastewater System are reflected in the Fort Worth ordinance and enforced accordingly. With the recent acceptance of the Pretreatment program
overseeing the TRA Denton Creek Regional Wastewater System ("Denton Creek System") by the TCEQ and the adoption of revised local limits
by TRA, updates to the local limits for the Denton Creek System will need to be reflected in the Fort Worth ordinance. The proposed ordinance
amendments are intended to ensure compliance with both the City’s contractual obligations with TRA and the TCEQ permits held by both Fort
Worth and TRA.
The following are proposed amendments to Chapter 12.5 of the City Code:
1. Adding the definition of categorical industrial user to apply to industrial users subject to categorical standards discharging into the Village Creek
Water Reclamation Facility, the Trinity River Authority Central Regional Wastewater System (Central System), and the Denton Creek System.
2. Amending the regulations prohibiting specific pollutants, substances, and wastewater that may be discharged to the Denton Creek System as
described below:
Revising the specific prohibitions on wastewater to wastewater possessing a pH less than 5.5 or more than 11.0;
Removing the prohibition on total toxic organics in excess of 1.0 mg/l collected as a grab sample
Revising the local limits for certain chemicals according to the table below
Pollutant
Instantaneous Maximum
Allowable Discharge Limit
(mg/L)
Arsenic 0.1
Barium 1.0
Cadmium 0.1 0.047
Chromium, Total 1.0 10.0
Copper 1.5 3.51
Lead 1.0 0.22
Mercury 0.005
Nickel 1.0 2.98
Selenium 0.05
Silver 0.1
Zinc 2.0 2.99
Cyanide or cyanogen compounds
(expressed as total CN), Total 1.0
3. Revising the deadline for failure to provide required reports from 30 days to 45 days before a user may be published as a user in significant
non-compliance that discharge into the Central System and the Denton Creek System.
This project is located in ALL COUNCIL DISTRICTS.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office by: Jesica McEachern 5804
Originating Business Unit Head:Chris Harder 5020
Additional Information Contact:Jerry Pressley 8257