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(a) The purpose of a public meeting is for the applicant to provide information to the affected community about MSDs and the application and to obtain input on the application prior to a formal hearing before the city council.
(b) The public meeting will be held in the evening at a location convenient to the affected community.
(c) The applicant or applicant’s representative must appear at the public meeting. If the applicant fails to appear at the public meeting either in person or by representative, the application shall be deemed withdrawn and the application fee forfeited.
(d) The director will be responsible for the conduct of the meeting. He or she will give the applicant or the applicant’s representative the opportunity to present its reasons for requesting an MSD, and will give members of the affected community the opportunity to ask the applicant questions or make oral comments on the application.
(e) The director will make a tape recording of the public meeting available for the public.
(Ord. 16259, § 2, passed 1-11-2005)
(a) Prior to the hearing, the director will provide the city council with a written report summarizing the request for the MSD approval, including any concerns raised by the reviewing departments, and will attach a copy of the application to the report.
(b) The applicant or applicant’s representative must appear at the hearing and present the request for an MSD approval. If the applicant fails to appear at the hearing either in person or by representative, the application shall be deemed withdrawn and the application fee forfeited.
(c) Persons wishing to speak either in favor of or against the application will be provided the opportunity in accordance with city council rules or guidelines for public hearings.
(d) Following the conclusion of the public hearing, the city council may deliberate the matter of the application, and then may either:
(1) Vote to approve or disapprove the application; or
(2) Postpone action on the application to a future date.
(e) In order to approve an application, the city council must:
(1) Adopt a resolution supporting the application to the Texas commission on environmental quality; and
(2) Enact an ordinance prohibiting the potable use of designated groundwater from beneath the property. The ordinance must include a metes and bounds description of the property to which the ordinance applies; a listing of the contaminants; and a statement that the ordinance is necessary because the contaminant concentrations exceed potable water standards.
(f) In the ordinance enacted pursuant to subsection (e)(2) above, city council may place other reasonable restrictions on the use of designated groundwater from beneath the property.
(g) City council approval of an application shall not be deemed to waive the city’s right to comment on an MSD application that has been filed with the executive director of the Texas commission on environmental quality as provided by Tex. Health and Safety Code § 361.805.
(Ord. 16259, § 2, passed 1-11-2005)
If after public hearing the city council disapproves an application, or if the applicant has withdrawn its application after public notice has issued, no new MSD applications for the property shall be accepted by the city or scheduled for a hearing by the city council within a period of 12 months of the date of disapproval or withdrawal.
(Ord. 16259, § 2, passed 1-11-2005)
(a) A person who has received approval of an MSD from the city, shall, upon issuance from the commission, provide the director with a copy of the certificate of completion or other documentation issued for the property, showing that response actions have been completed.
(b) A person commits an offense if they fail to provide the director with the documentation required in subsection (a) above, within 30 days of its issuance by the commission.
(Ord. 16259, § 2, passed 1-11-2005)
(a) Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.
DEPARTMENT. The department of water of the City of Fort Worth.
DIRECTOR. The director of the department of water or the director’s authorized representative. In Division 2 of this article, the term shall also mean the director of the department of environmental management or the director’s authorized representative.
INSPECTOR. A person that is a certified cross-connection inspector employed by or under contract with the city.
(b) If a word or term used in Division 3 of this article is not defined in this chapter, it shall have the definition provided for such word or term in the ninth edition of the Manual of Cross-Connection Control published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California.
(Ord. 12274, § 1, passed 11-28-1995)
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