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Home My WebLink AboutOrdinance 18428-01-2009ORDINANCE NO 18428-01 2009 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, CHAPTER 12.5 `ENVIRONMENTAL PROTECTION AND COMPLIANCE" BY AMENDING ARTICLE VI `INDUSTRIAL WASTEWATER SECTION 12.5-610 `DISCHARGES TO THE CITY OF FORT WORTH VILLAGE CREEK WASTEWATER TREATMENT FACILITY" SUBSECTION (b)(4)(B), AND SECTION 12.5-610.1 `DISCHARGES TO THE TRINITY RIVER AUTHORITY" PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A FINE OF UP TO $2,000.00 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE, PROVIDING A SAVINGS 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 pretreatment program designed to prevent the introduction of pollutants into the City's wastewater system that will interfere with its operation, WHEREAS, the purposes of the pretreatment program include protecting the health and safety of City personnel and the general public, promoting the reuse and recycling of industrial wastewater and sludge, and enabling the Crty to comply with federal and state regulations, WHEREAS, the Texas Commission on Environmental Quality (TCEQ) recently adopted its limits and prohibitions for discharges into the Village Creek and the Trinity River Authority (TRA) WHEREAS, the City and TRA also received approval of modifications to their Pretreatment Programs, and WHEREAS, these new limits should be reflect m the Crty Code of Ordinances. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS Section 1. Chapter 12 5 `Environmental Protection and Compliance" Article VI `Industrial Wastewater" Division 2 `Discharge Prohibitions And Limits" Section 12.5-610 `Discharges to the Crty of 1 Article VI Amendment Ordinance 12.10.08crv3 For Worth Village Creek Wastewater Treatment Facility" subsection (b)(4) shall be amended to be as follows Section 12.5-610. Discharges to the City of Fort Worth Village Creek Wastewater Treatment Facility (b) Specific Prohibitions No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater (4) Oil and Grease A. Petroleum oil, non-biodegradable cutting oil, or non polar products of mineral oil ongin in concentrations greater than 200 mg/L. B Visible free floatable polar oils, fats, or grease or a concentration greater than 250 mg/L m wastewater discharged from mdustnal or commercial facilities into the POTW C In no case shall discharges in amounts that cause interference or operational problems with the POTW be allowed. Section 2. Chapter 12 5 `Environmental Protection and Compliance" Article VI `Industrial Wastewater" Division 2 `Discharge Prohibitions And Limits" Section 12.5-610 1 Trinity River Authority Central Regional Wastewater Treatment Facility" subsection (d) shall be amended to be as follows (d) Local limits The following local pollutant limits are established to protect against pass through and interference. The hmrts apply at the point where the wastewater is discharged to the POTW The Director may impose mass hmrtations m 2 Article VI Amendment Ordinance 12.10.08crv3 addition to, or m place of, the concentration-based hrnitations. All concentrations for metallic substances are for total metal unless indicated otherwise. No person shall discharge wastewater containing: Pollutants m the form of compounds or elements with total concentrations exceeding the following: POLLUTANT MAXIMUM ALLOWABLE DISCHARGE LIMIT mg/L Arsenic 0,2 Cadmium 0 1 Chromium 2.9 Copper 2.3 Lead 0 9 Mercury 0 0004 Molybdenum O.g Nickel 4 6 Selenium 0 1 Silver 0 g Zinc g 0 Cyanide or cyanogen compounds (expressed as total CN ) 0 5 Section 3. 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 m direct conflict with the provision of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. 3 Article VI Amendment Ordinance 12.10.08crv3 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 unconstitutional by the valid judgment or decree of any court of competent ~unsdiction, 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 m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 5. 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 is permitted to exist shall constitute a separate offense. Section 6. All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any and all violations of the provisions of the ordinances amended and repealed herein, 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 m court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 4 Article VI Amendment Ordinance 12.10.08crv3 Section 7. The Crty Secretary of the Clty of Fort Worth, Texas, ><s hereby directed to publish the caption and Section 5 of this ordinance for two (2) days m the official newspaper of the Crty of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013 Texas Local Government Code. Section 8. This ordinance shall be m full force and effect after rts passage and publication as required by law and rt is so ordained. APPROVED AS TO FORM AND LEGALITY i ~. Assistant ity Attorney Adopted. January 6, 2009 ,~ Effective: 5 Article VI Amendment Ordinance 12.10.08crv3 City of Fort Worth, Texas Mayor and Council Communication .._. COUNCIL ACTION: Approved on 1/6/2009 -Ord. No. 18428-01-2009 ~w-.. ,~.. ~ ~ ~ _ a. ~~- DATE Tuesday January 06 2009 LOG NAME 601NDUSTRIAL WW REFERENCE NO G-16419 SUBJECT Adopt Ordinance Amending City Code, Chapter 12 5 Article VI Industrial Waste Regulating Commercial and Industrial Discharges into the Village Creek and Trinity River Authority Central Regional Wastewater Treatment Facilities RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending the City Code Chapter 12 5 `Environmental Protection and Compliance changing those portions of Article VI Industrial Wastewater that deal with Fort Worth commercial and industrial users discharging into the Village Creek and Trinity River Authority Central Regional Wastewater Treatment Facilities DISCUSSION In November 1995 March 2003 and July 2006 the City Council adopted ordinances amending the City Code Chapter 12 5 `Environmental Protection and Compliance Article VI `Industrial Wastewater" contains the requirements of the federally mandated Environmental Protection Agency pretreatment regulations found in 40 CFR 403 This article regulates commercial and industrial facilities as well as lists prohibitions and limitations for wastewater discharged to the City of Fort Worth Village Creek Wastewater Treatment Facility Some areas exist within the City of Fort Worth where commercial and industrial facilities discharge wastewater to the Trinity River Authority (TRA) Central Regional Wastewater Treatment Facilities These industrial and commercial facilities must meet the prohibitions and limitations specified by the TRA pretreatment program as approved by the Texas Commission on Environmental Quality (TCEQ). Article VI Industrial Wastewater" has been amended to include all recently approved TCEQ prohibitions and limitations for dischargers to the Village Creek and TRA Central Regional Wastewater Treatment Facilities. This ordinance identifies the recent non-substantial modifications to the Pretreatment Program (s) approved by the TCEQ in the early part of 2008 Specifically the amendment to the TRA Central facility regulation merely inserts the final TCEQ approved discharge limit for Molybdenum and the non- substantial modification to Section 12 5-610 is a housekeeping measure FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS Submitted for City Manager's Office b~ Fernando Costa (6122) Originating Department Head. S Frank Crumb (8207) Additional Information Contact: Laly Joseph (8305) ATTACHMENTS 1 ordinance amendment 2008crv3:doc (Public)