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HomeMy WebLinkAboutOrdinance 13808ORDINANCE NO 13~ AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 12.5, "ENVIRONMENTAL PROTECTION AND COMPLIANCE," ARTICLE III, "STORM WATER PROTECTION" BY THE DELETION OF THE PREAMBLE; AND FURTHER AMENDING SAID CHAPTER 12.5 BY THE AMENDMENT OF ARTICLE III, "STORM WATER PROTECTION," DIVISION I, "GENERAL PROVISIONS," SECTION 12.500, "DEFINITIONS," BY THE ADDITION OF DEFINITIONS FOR "AGRICULTURAL STORM WATER RUNOFF," "AQUATIC MONITORING ORGANISM," "BEST MANAGEMENT PRACTICES," "CELLAR DIRT," "CFR," "CITY," "CONTAMINATED," "CONTAMINATION", "COSMETIC CLEANING," "DISCHARGER", "ENVIRONMENTAL PROTECTION AGENCY," "FACILITY", "FIRE CODE," "FIRE DEPARTMENT," "FIRE PROTECTION WATER," "HARMFUL QUANTITY," "MOBILE COMMERCIAL COSMETIC CLEANING," "MUNICIPAL SEPARATE STORM SEWER SYSTEM," 'NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM," "NOI," "NON-POINT SOURCE," "NOTICE OF INTENT," "NPDES," "NPDES PERMIT," "OPERATE," "OPERATOR," "PERSON," "PH," "POINT SOURCE," "POLLUTANT," "POLLUTION," "RELEASE," "STATE," "STORM WATER," "STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY," "STORM WATER POLLUTION PREVENTION PLAN," "SWPPP," 'TAC," '"TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM," "TPDES," "TSS (TOTAL SUSPENDED SOLIDS)," "UNCONTAMINATED," "USC," "WATER IN THE STATE," "WATERS OF THE UNITED STATES," AND "WETLAND;" AND FURTHER AMENDING SAID CHAPTER 12.5 BY THE AMENDMENT OF ARTICLE III, "STORM WATER PROTECTION," DIVISION I, "GENERAL PROVISIONS," SECTION 12.5302, "DISCHARGE TO MS4 PROHIBITED," SUBSECTION (B), BY THE ADDITION OF A NEW SUBPARAGRAPH (17), PROVIDING FOR A NEW AFFIRMATIVE DEFENSE; AND FURTHER AMENDING SAID CHAPTER 12.5 BY THE AMENDMENT OF ARTICLE III, "STORM WATER PROTECTION," BY THE ADDITION OF A NEW DMSION 3 ENTITLED "STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTMTY, INCLUDING CONSTRUCTION ACTMTY;" PROVIDING FOR THE APPLICABILITY OF THE ARTICLE; PROVIDING ACCESS TO REGULATED FACILITIES; PROVIDINGi FOR THE PROHIBITION OF UNPERMITTED DISCHARGES; PROVIDING FOR THE SUBMISSION OF NOIs TO THE CITY; PROVIDING FOR STRICT COMPLIANCE WITH PERMITS; PROVIDING FOR THE MODIFICATION OF STORM WATER POLLUTION PREVENTION PLANS; PROVIDING THAT THIS ORDINANCE IS CUMULATNE; PROVIDING A SEVERABILTIY CLAUSE; PROVIDING A FINE OF UP TO 12,000.00 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THIS ORDINANCE MAY BE PUBLISHED IN PAMPHLET FORM; PROVIDING FOR 1 ' PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE MUNICIPALITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. That the Code of the City of Fort Worth (1986), as amended, is amended by the amendment of Chapter 12.5, "Environmental Protection and Compliance," Article III, "Storm Water Protection," by the deletion of the following preamble: 'THIS ARTICLE IS INTENDED AS AN INTERIM ORDINANCE FOR THE PROTECTION OF THE MUNICIPAL SEPARATE STORM WATER SEWER SYSTEM (MS4) PENDING THE EPA'S ISSUANCE TO THE CITY OF AN NPDES PERMIT AND THE ~. CITY'S ADOPTION OF A FINAL STORM WATER ORDINANCE." That the Code of the City of Fort Worth (1986), as amended, is further amended by the amendment of Chapter 12.5, "Environmental Protection and Compliance," Article 111, "Storm Water Protection "Division 1, "General Provisions," Section 12.5- 300, "Definitions," by the addition of the terms "agricultural storm water runoff," "aquatic monitoring organism," "best management practices," cellar dirt," "CFR," "City," "contaminated," "contamination," "cosmetic cleaning," "discharger," "Environmental Protection Agency," "facility," "Fire Code," "Fire Department," "fire protection water," "harmful quantity," "mobile commercial cosmetic cleaning," "municipal separate storm sewer system," "National Pollutant ' Discharge Elimination System," 'NOI," "non-point source," "Notice of Intent," "NPDES," "NPDES permit,"•~ "operate," "operator," "person," "pH," 'point SOUrCe~w wpOllUtant," "pollution w "release," "State," "$toml Water," "$toml water discharge associated with industrial activity," "stomp water pollution prevention plan," "SWPPP;" "TAC," 'Texas Pollutant Discharge Elimination System," "TPDES," 'TSS (total suspended solids)," "uncontaminated," "USC," 2 "water in the state," "Waters of the United States," and "wetland," and the definitions therefor, so that hereafter said section shall read as follows. Section 12.500. Definitions. Unless a provision explicifiy states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated 0aricultural storm water runoff means any storm water runoff from orchards, cultivated crops, pastures, range lands, and other non- point source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 CFR Section 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR Section 122.24 Aquatic monitoring oraa^nism means the Fathead minnow Pimephales promelas, the bacterium Vibrio ficheri, or the daphnid Ceriodaphnia dubfa Best management practices (B~ means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the MS4 and waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Cellar dirt means construction site waste materials, such as natural rock and soil overburden. AFB means the Code of Federal Regulations. means the City of Fort Worth, Texas. ~4ptemlp8t~ means containing a harmful quantity of any substance. ~mine~QD means the presence of or entry into a public water supply system, the MS4, Waters of the State, or Waters of the United States of any substance which may be deleterious to the public health and/or the quality of the water. 3 Cosmetic cleaning means cleaning done for cosmetic purposes. It does not include industrial cleaning, cleaning associated with manufacturing activities, hazardous or toxic waste cleaning, or any cleaning otherwise regulated under federal, state, or local laws. Director means the Director of the Department of Environmental Management or the Director's authorized representatives. ~,harae means any addition or introduction of any pollutant, storm water, or any other substance whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United States. Dischj means any person who causes, allows, permits, or is otherwise responsible for, a discharge, including, without limitation, any operator of a construction site or industrial facility Environmental Protection Agency o~ PA means the United States Environmental Protection Agency, or any duly authorized official of said agency Facility, as used in Division 3 of this Article, means any facility, including constn~ction sites, required by the Federal Clean Water Act to have a permit to discharge storm water associated with industrial activity. Fire Code means the "Fire Prevention and. Protection" chapter of the City Code. Fire Dep~gp~ means the Fire Department of the City of Fort Worth, or any duly authorized representative thereof Fire orotection water means any water, and any substances or materials contained therein, used by any person other than the Fire Department to control or extinguish a fire. b means the amount of any substance that will cause pollufion of waters in the State, Waters of the United States, or that will cause lethal or sub-lethal adverse effects on representative, sensitive aquatic monitoring organisms belonging to the City, upon their exposure to samples of any discharge into waters in the State, Waters of the United States, or the MS4. means power washing, steam cleaning, and any other mobile cosmetic cleaning operation, of 4 vehicles and/or exterior surfaces, engaged in for commercial purposes. Munici al separate storm sewer system (M~ means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the City and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage. National Pollutant Discharoe Elimination System means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the federal Clean Water Act. ~Q1 means Notice of Intent. Non-dint source means any source of any discharge of a pollutant that is not a "point source." Notice of intent means the Notice of Intent that is required by the NPDES Storm Water Mutti-Sector General Permit, the EPA Region 6 NPDES Storm Water Construction general permit, or any similar general permit to discharge storm water associated with industrial activity that is issued by the EPA or the TNRCC NPDES means the National Pollutant Discharge Elimination System: NPDES o~ means a permit issued by EPA (or 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. Q means drive, conduct, work, run, manage, or control. , as used in Division 3 of this Article, means the party or parties that either individually or taken together meet the following two criteria: 1) They have operational control over the site specifications (including the ability to make modifications in specifications); and 2) they have the day-today operational control of those activities at the site necessary to ensure compliance with SWPPP requirements and any permit conditions. 5 Person means any individual, partnership, co-partnership, fine, company, corporation, association, joint stock company, trust, estate, govemmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local govemmental entities. ~ means the logarithm to the base 10 of the reciprocal of the concentration in grams per liter of hydrogen ions; a measure of the acidity or alkalinity of a solution, expressed in standard units. Point source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff Pollutant means dredged spoil; solid waste; incinerator residue, sewage; garbage; sewage sludge; filter backwash; munitions; chemical wastes; biological materials; toxic materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand, cellar dirt; and industrial, municipal, recreational, and agricultural waste discharged into water or into the municipal separate storm sewer system. Pollution means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any Water of the State or Water of the United States, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. 8~1~~ means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injectlng, escaping, leaching, dumping, or disposing into ground-water, subsurface soils, surface soils, the municipal separate storm sewer system (MS4), the Water of the State, the Waters of the United States. means the State of Texas. 6 Storm water means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt. Storm water discharge associated with industrial activity means the discharge from any conveyance which is used for collecting and conveying storm water and which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program under 40 CFR part 122. For the categories of industries identified in paragraphs (i) through (x) of this definition, the term includes, but is not limited to, storm water discharges from industrial plant yards, immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process waste waters (as defined at 40 CFR part 401); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal, shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products, and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water For the categories of industries identified in paragraph (xi) of this definition, the term includes only storm water discharges from all the areas (except access roads and rail lines) that are listed in the previous sentence where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, by-products, or industrial machinery are exposed to stomp water For the purposes of this paragraph, material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described areas. Industrial facilities (including industrial facilities that are Federally, State, or municipally owned or operated that meet the description of the facilities listed in this paragraphs (i}-(xi) of this definition) include those facilities designated under the provisions of 40 CFR §122.26(a)(1)(v). The following categories of facilities are considered to be engaging in "industrial activity" . 7 (i) Facilities subject to storm water effluent jimitations guidelines, new source pertormance standards, or toxic pollutant effluent standards under 40 CFR subchapter N (except facilities with toxic pollutant effluent standards which are exempted under category (xi) of this definition); (ii) Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311, 32 (except 323), 33, 3441, 373, (iii) Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 CFR §434 11(1) because the pertormance bond issued to the facility by the appropriate federal Surtace Mining Control and Reclamation Act (SMCRA) authority has been released, or except for areas of non-coal mining operations which have been released from applicable State or Federal reclamation requirements after December 17, 1990) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge storm water contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; (inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim); (iv) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under subtitle C of the federal Resource Conservation and Recovery Act (RCRA); (v) Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including those that are subject to regulation under subtitle D of RCRA; 8 (vi) Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards, and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093, (vii) Steam electric power generating facilities, including coal handling sites, (viii) Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under paragraphs. (i}(vii) or (ix}(xi) of this definition are associated with industrial activity; (ix) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1 0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the federal Clean Water Act; (x) Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less than five acres of total land area which are not part of a larger common plan of development or sale, (xi) Facilities under Standani Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within categories (ii}(x) of this definition); 9 Storm water pollution prevention an means a plan required by a permit to discharge storm water associated with industrial activity, including construction, and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in storm water discharges associated with industrial activity at the facility SWPPP means storm water pollution prevention plan. ?~ means the Texas Administrative Code. Texas Pollutant Discharge Elimination System means the program delegated to the State of,Texas by the EPA pursuant to 33 USC §1342(b). TPDES means the Texas Pollutant Discharge Elimination System. TSS (tota,^ I suspended solidsl means solids that either float on the surface, or are in suspension in, water, wastewater, or other liquids, and which are generally removable by a laboratory filtration device. TSS is expressed in .milligrams per liter Uncontaminated means not containing a harmful quantity of any substance. ~ means United States Code. Wastewater means any water or other liquid, other than uncontaminated storm water, discharged from a facility. Yyater in the state means ground-water, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, wetlands, marshes, inlets, canals inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, navigable or non-navigable, and including the bed and banks of all watercourses and bodies of surface water that are wholly or partially inside or bordering the state or inside the jurisdiction of the state. Waters of the United States means all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destructlon of which would affect or could affed interstate or foreign 10 commerce, all impoundments of waters otherwise defined as waters of the United States under this definition, all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition, and any waters within the federal definition of "waters of the United States" at 40 CFR § 122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal Clean Water Act. etland means an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Further, that the Code of the City of Fort Worth (1986), as amended, is further amended by the amendment of Chapter 12.5, "Environmental Protection and Compliance," Article III, "Storm Water Protection," Division 1, "General Provisions," Section 12.5-302, "Discharge to MS4 Prohibited," subsection (b) by the addition of anew subparagraph (17) to read as follows: "(17) A discharge or flow of uncontaminated storm water pumped from an excavation " Further, that the Code of the City of Fort Worth (1986), as amended, is amended by the amendment of Chapter 12.5, "Environmental Protection and Compliance," Article ill, "Storm Water Protection," by the addition of a new Division 3 entitled "Storm Water Discharges Associated With Industrial Actlvvity, including Construction Activity " to read as follows: 11 DIVISION 3. STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY, INCLUDING CONSTRUCTION ACTIVITY Section 12.5-330. Applicability. This division applies to all facilities located within the City that have storm water discharges associated with industrial activity, including construction activity Section 12.5-331. Acc®ss to Facilities. (a) The Director is authorized by Section 12.5-121 of this Chapter to enter and inspect facilities subject to regulation under this Article. (b) Facility operators shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling. examination and copying of records that must be kept under the conditions of an NPDES or TPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law (c) The Director shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Director to conduct monitoring and/or sampling of the facility's storm water discharge. (d) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Director and shall not be replaced The costs of clearing such access shall be home by the operator (e) Unreasonable delays in allowing the Director access to a permitted facility is a violation of a storm water discharge permit and of this Article. A person who is the operator of a facility with a NPDES or TPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the Director reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Article. 12 Section 12.5-332. Unpermitted Discharges Prohibited A person who is the operator of a facility commits an offense if the person discharges, or causes to be discharged, storm water associated with industrial activity without first having obtained a NPDES or TPDES permit to do so. S®ction 12.5-333. Submission of NOI to City. (a) The operator of a facility, including construction sites, required to have a NPDES or TPDES permit to discharge storm water associated with industrial activity shall submit a copy of the Notice of Intent (NOI) to the Director at the same time the operator submits the original Notice of Intent to the EPA or the TNRCC as applicable. (b) The copy of the Notice of Intent may be delivered to the Director either in person or by mailing it to: Notice of Intent to Discharge Storm Water Department of Environmental Management 1000 Throckmorton Street Fort Worth, Texas 76102 (c) A person commits an offense if the person operates a facility that is discharging storm water associated with industrial activity without having submitted a copy of the Notice of Intent to do so to the Director Section 12.5.334. Compliance with Permit. (a) A facility shall be operated in strict compliance with the requirements of its NPDES or TPDES permit to discharge storm water associated with industrial activity (b) A person commits an offense if the person operates a facility in violation of a requirement of the facility's NPDES or TPDES permit to discharge storm water associated with industrial activity. 13 r Section 12.5-335 Modification of Storm Water Pollution Prevention Plans (a) The Director may require any operator of a facility to modify the facility's storm water pollution prevention plan if in the best professional judgment of the Director, the SWPPP does not comply with the requirements of the facility's NPDES or TPDES permit to discharge storm water associated with industrial activity (b) The deficiencies in a facility's SWPPP will be made in writing, and the Director will give the facility operator a reasonable amount of time, not to exceed thirty days, to make the necessary changes in the SWPPP [Sections 12.5-336 through 12.5-399 reserved.] SECTION 2. 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 ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION 3. 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 14 r_ ~r. this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. 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 5. 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 in Section 1, 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 6. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. 15 SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 4 of this ordinance for two (2) days in the official newspaper of the City 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 in full force and effect after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY• ASSISTANT CITY ATTORNEY DATE. ADOPTED• ~- ~ ~ ~ ~ ~ EFFECTIVE: 16 City of Fort Worth, Texas ~1-~Ayar And C,aunc~l ~mmun~cAt~an L. DATE REFERENCE NUMBER LOG NAME PAGE 5/18/99 G-12564 52CODE 1 of 1 SUBJECT ORDINANCE AMENDING THE ENVIRONMENTAL CODE RECOMMENDATION It is recommended that the City Council approve the attached ordinance amending the current City Code by the amendment of Article 3, "Storm Water Protection" of Chapter 12 5, "Environmental Protection and Compliance " DISCUSSION On November 28, 1995, the City Council approved adoption of Chapter 12 5 of the City Code, also known as the Environment Code Article III of the new chapter was intended as an interim storm water quality ordinance, pending the issuance of a National Pollutant Discharge Elimination System. (NPDES) permit by the Environmental Protection Agency (EPA) to the City for discharge from the municipal separate storm sewer system into the Waters of the United States. The EPA issued the permit in December 1996 The permit requires the City to conduct inspections of industrial sites subject to the federal regulations, including certain construction sites, and to enforce the federal storm water regulations at these facilities The amendment to Article III will provide the necessary authority to carry out this mandate of the City's permit. FISCAL INFORMATION/CERTIFICATION The Finance Director certifies this action will have no material effect on City funds CB k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) V E ~ RO APP Charles Boswell 8511 /' n' f [ } Originating Department Head: ~ 1 Y V V V 1 v~j~„ - Brian Boerner 8079 (from) MAY 18 1~. ,~.~~..~ Additional Information Contact: ~g ,` ~,,~> /~ ` ~ o t ~ C Brian Boerner 8079 rth, q'exas W or o t F Cit ~ Adopted Ordinance No. ~3 `~ o -