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HomeMy WebLinkAboutOrdinance 11676ORDINANCE NO. _, ~~~ 7lp AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 30, "STREETS AND SIDEWALKS," BY THE ADDITION OF ARTICLE V, "ENVIRONMENTAL USE AGREEMENTS," AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH PERSONS WHO NEED TO MAKE SOIL BORINGS OR INSTALL MONITORING WELLS IN CITY PROPERTY TO DETERMINE THE EXTENT OF ENVIRONMENTAL CONTAMINATION ORIGINATING ON THEIR PROPERTY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABZLITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THIS ORDINANCE MAY BE PUBLISHED IN PAMPHLET FORM; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the Code of the City of Fort Worth, Texas (1986), as amended, is amended by the amendment of Chapter 30, "Streets and Sidewalks," by the addition of a new Article V, "Environmental Use Agreements," so that hereafter said Article shall read as follows: ARTICLE V ENVIRONMENTAL USE AGREEMENTS Division I. General Provisions Section 30-76 Definitions. The following words, terms, and abbreviations when used in this Article shall have the following meanings: Commission shall mean the Texas Natural Resources Conservation Commission and its successor agencies. Environmental Manager shall mean the Director of the Department of Environmental Management of the City of Fort Worth and his designees. EPA shall mean the United Stated Environmental Protection Agency. Hazardous Substance shall mean any substance defined or listed in the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) § 101(14) (42 USCA 9601, et seq.), and which is not regulated as a hazardous waste under the Federal Solid Waste Disposal Act, Subtitle C (42 USCA § 6921, et seq.) (10) lubricants - automotive and industrial lubricants; (11) building materials - liquid asphalt and dust-laying oils; (12) insulating and waterproofing materials - transformer oils and cable oils; (13) used oils; and (14) any other petroleum based material having physical and chemical properties similar to the previously listed materials and receiving approval by the executive direc- tor of the Commission for designation as a petroleum substance. Property Owner shall mean the owner of property upon which or from which there has been a release or suspected release. Regulated Substance shall mean an element, compound, mixture, solution, or substance that, when released into the environment, may present substantial danger to the public health, welfare, or the environment. For the purposes of this Article, a regulated substance shall be limited to any petroleum substance, hazardous substance, hazardous waste, and any mixture of two or more hazard- ous substances, and/or petroleum substances, and/or hazardous waste. Release shall mean any spilling, overfills, leaking, emitting, discharging, escaping, leaching, or disposing of a regulated substance into groundwater, surface water, subsurface soils or surface soils. Roadway shall mean that portion of City right-of-way designed for vehicular travel, exclusive of the shoulder. Used Oil shall mean any oil or similar petroleum substance that has been refined from crude oil, used for its designed or intended purposes, and contaminated as a result of such use by physical or chemical impurities; and including spent motor vehicle and aircraft lubricating oils, (e.g. car and truck engine oil, transmission fluid, and brake fluid), spent industrial oils (e.g., compressor, turbine, bearing, hydraulic, metalworking, gear, electrical, and refrigerated oils), and spent industrial process oils. Section 30-77 Purpose. (a) The purpose of this Article is to establish guidelines and rules whereby, pursuant to Chapter XXVII, Section 13, of the Charter of the City of Fort Worth, the City Manager may execute use agreements with property owners to allow soil sampling and the placement of monitoring wells in City right-of-way, other City -3- (f) The protection of the municipal separate storm sewer and the sanitary sewer from use agreement activities; (g) The maximum drilling depth for soil borings and monitor- ing wells, locking caps on wells, and restoration of City property following completion or abandonment of contract activities; (h) Barricading during soil borings and drilling of monitor- ing wells; (i) Inspection of operations by the Environmental Manager and City Traffic Engineer, and authority of same to halt use agreement activities when necessary to protect the environment or traveling public; (j) Drilling to be performed by a contractor licensed and bonded to work in the public right-of-way; (k) Certification of utility clearance prior to drilling; and (1) Fees to offset the City's cost of regulating and monitoring use agreement activities: Soil Borings Only - $100.00 per agreement Monitor Well Installation - $250.00 per agreement for 1-3 (including additional borings) wells $100.00 per each well in excess of three (3) Section 30-80 Priority of Placement. It is the City's position that the placement of soil sampling sites and monitoring wells shall follow the order of priority set forth below, and that soil sampling sites and monitoring wells be permitted on City roadways or in stormwater drainage channels only as a last resort. In declining order of priority, sampling sites and monitoring wells shall be placed: (a) On the property owner's property, not within a public easement; (b) On adjacent private property, not within a public easement; (c) On the property owner's property, within a public easement; (d) On adjacent private property, within a public easement; (e) On City-owned property, excluding rights-of-way; -5- •: it (b) The formal request shall: (1) Document contacts with the following persons regarding the release: (i) T.U. Electric Company; (ii) Lone Star Gas Company; (iii) Southwestern Bell Telephone Company; (iv) Sammons Cable; (v) Any other utility company with a City fran- chise or license; (vi) Texas Department of Transportation (if ap- plicable); (vii) Tarrant County Water Control and Improvement District (if applicable); (viii) Tarrant County Transportation and Public Works Department (if applicable); (ix) Trinity River Authority (if applicable); and (x) The adjacent private property owner (if applicable); and (2) Contain detailed information regarding the proposed sampling, including: (i) The exact location of all sampling sites, the depth of the samples, the hours of op- eration, and barricading; (ii) The equipment to be used in the sampling; (iii) The names and qualifications of the indi- viduals/firms involved in the sampling, and the name, title and phone number of the project manager who will oversee the sam- pling; and (iv) The timetable for all sampling operations. (c) After receiving the formal request, the Environmental Manager shall send copies of the request to the following City officials/departments: (1) City Attorney; -7- property, or easements, and either the City, the Commission, or the EPA requires the installation of monitoring wells, the City Manager may enter into a use agreement with a property owner for the place- ment of monitoring wells, and additional soil sampling. Section 30-85 Monitoring Wells - Informal Request. (a) A property owner seeking to place monitoring wells on City right-of-way, property, or easements shall submit an informal written request to the Environmental Manager. (b) The informal request shall: (1) provide documentation of the need for the well(s); (2) provide documentation of requestor's efforts to locate the well(s) on property other than City right-of-way, property and easements; and (3) include a preliminary plan for the location of the well(s). (c) If the Environmental Manager determines that the request should be approved for further processing, he shall notify the requestor. If the Environmental Manager determines that the request should be denied, he shall notify the requestor. The requestor shall have ten days from the date of the notice of denial to appeal such decision to the City Manager. Section 30-86 Monitoring Wells - Formal Request. (a) If the preliminary request is approved, the requestor shall submit a formal request and six copies to the Environmental Manager. " (b) The formal request shall include: (1) Documentation of coordination with: (i) T.U. Electric Company; (ii) Lone Star Gas Company; (iii) Southwestern Bell Telephone Company; (iv) Sammons Cable; (v) Other holders of City utility franchises or licenses; -9- (5) Department of Water, Engineering Services Division; (6) Department of Engineering; (7) Department of Development; and (8) Department of Parks and Recreation (if the request will involve use of the City parks land). (d) The officials/departments listed in (c) above may provide the Environmental Manager with requirements to be imposed on the requestor, and other recommendations including alternate sites. The Environmental Manager shall review such requirements and recommendations and shall incorporate them into the use agreement to the degree practicable, but will have approval authority over the formal request. However, any wells which will be placed in City right-of-way shall also require the approval of the City Traffic Engineer on matters of traffic safety. Section 30-87 Monitoring Aells - IIse Agreements. (a) If the formal request is approved, the Environmental Manager shall prepare a written use agreement setting forth the City's requirements, and shall deliver it to the requestor. (b) After the requestor returns the signed use agreement to the Environmental Manager, along with the required fee and the written approval of each City franchised utility, and when applicable, the other persons named in Section 30-86(b)(1), the Commission, and the EPA, the Environmental Manager shall present it to the City Manager for his final review. The City Manager may then approve or reject the use agreement. (c) The use agreement shall take the place of any permits required by the City elsewhere in this Code, to do the work allowed by the agreement. Division IV. Mitigation of Contaminated soil Section 30-88 Confirmation of Contaminated Soil. (a) If soil sampling and/or monitoring wells confirm contam- ination of soil within City right-of-way, property, or easements, the property owner shall notify the Environmental Manager in writing within ten (10) days after learning of the confirmation of contamination. (b) The property owner shall cooperate with the City in mitigating contamination as necessary. -11- i SECTION 5. 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. SECTION 6. This ordinance shall be in full force and effect after its passage as required by law, and it is so ordained. ADOPTED ~~I-o~~~//O''' ~~/ EFFECTIVE: _ `7 O~-'~5~ -13- APPROVED AS TO FORM AND LEGALITY: City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE '09/20/94 **G10812 52CHAP 1 of 2 svaJECT ORDINANCE AMENDING CHAPTER 30 OF CITY CODE TO ALLOW ADMINISTRATIVE APPROVAL OF ENVIRONMENTAL USE AGREEMENTS RELATED TO CITY PROPERTY RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Chapter 30 of the City Code by adding Article V "Environmental Use Agreements" which authorizes the City Manager to enter into agreements with third parties requesting permission to perform soil borings or install monitor wells on City owned property for the purpose of identifying the presence: of and/or extent of environmental contamination DISCUSSION Recent changes to various environmental regulations have resulted in an increasing need for companies to perform various monitoring studies to determine the extent of any contamination resulting from a release of hazardous materials As a result, City staff has been receiving a growing number of requests from private companies seeking authorization to perform, monitoring on City property, usually street right-of-way, to determine the extent of migration of these materials from private property This monitoring usually includes soil borings and the installation of groundwater monitoring wells, and is normally related to underground storage tank leaks at gas stations , Currently, companies requesting access to City property for environmental monitoring purposes are required to contact at least three different departments, with little standardization and coordination to insure that the City is properly protected from potential liability The proposed ordinance change would create a procedure for handling these monitoring access requests administratively, and centralize the access application process in the Department of Environmental Management The Department of Environmental Management would coordinate with the other City departments to insure that their interests were protected, and would then enter into a standard Environmental Use Agreement designed to protect the City and insure that any identified contamination is dealt with appropriately This standard agreement would include requirements for utility clearance prior to drilling, proper licensing and bonding of drilling contractors, and clean-up and repair of all city property The ordinance does provide for the assessment of fees to offset the City's cost in regulating and inspecting use agreement activities The proposed fees are as follows Soil Borings Only S 100 per agreement Monitor Well Installation $250 per agreement for 1-3 wells S 100 per well for each well in excess of three -~~~ Printed on recycled paper City of Fort Worth, Texas Mayor and Council Communication DATE 09/20/94 REFERENCE NUMBER **G10812 LOG NAME 52CHAP PAGE 2 of 2 SUBJECT ORDINANCE AMENDING CHAPTER 30 OF CITY CODE TO ALLOW ADMINISTRATIVE APPROVAL OF ENVIRONMENTAL USE AGREEMENTS RELATED TO CITY PROPERTY Based upon previous experience, staff estimates 6-12 requests of this type on an annual basis FISCAL INFORMATIONlCERTIFICATION The Director of Fiscal Services certifies that no expenditure of City funds is required by adoption of this ordinance MGI Submitted for City Manager's F(JND ACCOUNT CENTER AMOUNT CITY SECRETARY Mike Groomer 6140 /i ~~Lp/~~ Originating Department Head: ~~ ~~ V ~1~~~ Mike Groomer 6140 (from) ~P ~~ fly ,` S r { -l ~`1 For Additional Information A. ' , ~~z~~ Contact: ' ~~S~t~;•y of ?}te Mike Groomer 6140 'AY F'+t>'zi Worih, `1'exa~ ~~~ Printed on recycled paper