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Fort Worth, TX Code of Ordinances
FORT WORTH, TEXAS CODE OF ORDINANCES
OFFICIALS of the CITY OF FORT WORTH, TEXAS
PART I: THE CHARTER OF THE CITY OF FORT WORTH
PART II: CITY CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTER 2.5: RETIREMENT
CHAPTER 3: AIRPORTS AND AIRCRAFT
CHAPTER 4: ALCOHOLIC BEVERAGES
CHAPTER 5: AMBULANCES/EMERGENCY MEDICAL SERVICES
CHAPTER 6: ANIMALS AND FOWL
CHAPTER 7: BUILDINGS
CHAPTER 8: CABLE COMMUNICATION SERVICE
CHAPTER 9: COMMUNITY FACILITIES AGREEMENTS
CHAPTER 10: COURTS
CHAPTER 11: ELECTRICITY
CHAPTER 11.5: EMERGENCY MANAGEMENT
CHAPTER 12: EMERGENCY REPORTING EQUIPMENT AND PROCEDURES
CHAPTER 12.5: ENVIRONMENTAL PROTECTION AND COMPLIANCE
ARTICLE I: ADMINISTRATION AND ENFORCEMENT
ARTICLE II: AIR QUALITY
ARTICLE III: STORMWATER PROTECTION
ARTICLE IV: GROUNDWATER AND SURFACE WATER QUALITY
ARTICLE V: PUBLIC DRINKING WATER
ARTICLE VI: INDUSTRIAL WASTEWATER
ARTICLE VII: LIQUID WASTE
ARTICLE VIII: SOLID WASTE AND RECYCLING
ARTICLE IX: FILL MATERIAL
ARTICLE X: GRADING PERMIT
CHAPTER 13: FIRE PREVENTION AND PROTECTION
CHAPTER 14: RESERVED
CHAPTER 15: GAS
CHAPTER 16: HEALTH AND SANITATION
CHAPTER 17: HUMAN RELATIONS
CHAPTER 18: LAKE WORTH
CHAPTER 19: LIBRARIES
CHAPTER 20: LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
CHAPTER 21: RESERVED
CHAPTER 22: MOTOR VEHICLES AND TRAFFIC
CHAPTER 23: OFFENSES AND MISCELLANEOUS PROVISIONS
CHAPTER 24: PARK AND RECREATION
CHAPTER 25: RESERVED
CHAPTER 26: PLUMBING
CHAPTER 27: POLICE
CHAPTER 28: PUBLIC UTILITIES
CHAPTER 29: SIGNS
CHAPTER 29.5: SMOKING
CHAPTER 30: STREETS AND SIDEWALKS
CHAPTER 31: SUBDIVISION ORDINANCE
CHAPTER 32: TAXATION
CHAPTER 33: TREES, SHRUBS, ETC.
CHAPTER 34: VEHICLES FOR HIRE
CHAPTER 35: WATER AND SEWERS
CHAPTER 36: RESERVED
APPENDIX A: ZONING REGULATIONS
APPENDIX B: CODE COMPLIANCE
APPENDIX C: RESERVED
CODE COMPARATIVE TABLE
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§ 12.5-654 PERIODIC COMPLIANCE REPORTS FOR FACILITIES DISCHARGING TO THE CITY OF FORT WORTH VILLAGE CREEK WATER RECLAMATION FACILITY.
   (a)   All significant industrial users discharging to the City of Fort Worth Village Creek Water Reclamation Facility shall, at a frequency determined by the Director but in no case less than twice per year (once in July covering the six-month period December 1 through May 31 and once in January covering the six-month period June 1 through November 30), submit a report to the Director containing at a minimum:
      (1)   The nature and concentration of pollutants in the discharge which are limited by pretreatment standards;
      (2)   The measured or estimated average and maximum daily flows for the reporting period;
      (3)   In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by city or the pretreatment standard necessary to determine the compliance status of the user; and
      (4)   Contributing information as is determined necessary to account for water usage, materials recovery or disposal practices.
   (b)   All non-significant categorical industrial users (NSCIU) shall submit a report annually in the month specified by the director. The report shall be completed according to the city’s current reporting requirements, including the submittal of any applicable certification statements.
   (c)   If the director has determined that a non-significant industrial user (NSIU) needs a permit, then the NSIU shall submit a report annually in the month specified by the director. The report shall be completed according to the city’s current reporting requirements, including the submittal of any applicable certification statements.
   (d)   All periodic compliance reports shall be signed and certified in accordance with § 12.5-633 of this article.
   (e)   All wastewater samples shall be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring equipment in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
   (f)   Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 C.F.R. Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
   (g)   If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the director, using the procedures prescribed in §§ 12.5-610, 12.5-661, 12.5-641 and 12.5-663 of this article, the results of this monitoring along with chain-of-custody forms shall be included in the report.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 20043-01-2012, § 11, passed 1-10-2012; Ord. 27308-11-2024, § 7, passed 11-19-2024, eff. 11-29-2024)
§ 12.5-654.1 PERIODIC COMPLIANCE REPORTS FOR FACILITIES DISCHARGING TO THE TRINITY RIVER AUTHORITY CENTRAL REGIONAL WASTEWATER TREATMENT SYSTEM.
   (a)   All significant industrial users discharging to the Trinity River Authority Central Regional Wastewater System shall, at a frequency determined by the Director but in no case less than twice per year (once in July covering the six-month period December 1 through May 31 and once in January covering the six-month period June 1 through November 30), submit a report containing at a minimum:
      (1)   The nature and concentration of pollutants in the discharge which are limited by pretreatment standards;
      (2)   The measured or estimated average and maximum daily flows for the reporting period;
      (3)   In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by city or the pretreatment standard necessary to determine the compliance status of the user; and
      (4)   Contributing information as is determined necessary to account for water usage, materials recovery or disposal practices.
   (b)   All non-significant categorical industrial users (NSCIU) shall submit a report annually in the month specified by the director. The report shall be completed according to the city's current reporting requirements, including the submittal of any applicable certification statements.
   (c)   If the director has determined that a non-significant industrial user (NSIU) needs a permit, then the NSIU shall submit a report annually in the month specified by the director. The report shall be completed according to the city's current reporting requirements, including the submittal of any applicable certification statements.
   (d)   All periodic compliance reports shall be signed and certified in accordance with § 12.5-633 of this article.
   (e)   All wastewater samples shall be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring equipment in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
   (f)   Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 C.F.R. Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
   (g)   If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the director, using the procedures prescribed in §§ 12.5-610.1, 12.5-610.2, 12.5-661, 12.5-641 and 12.5-663 of this article, the results of this monitoring along with chain-of-custody forms shall be included in the report.
(Ord. 20043-01-2012, § 11, passed 1-10-2012; Ord. 27308-11-2024, § 8, passed 11-19-2024, eff. 11-29-2024)
§ 12.5-654.2 PERIODIC COMPLIANCE REPORTS FOR FACILITIES DISCHARGING TO THE TRINITY RIVER AUTHORITY DENTON CREEK REGIONAL WASTEWATER SYSTEM.
   (a)   All significant industrial users discharging to the Trinity River Authority Denton Creek Regional Wastewater System shall, at a frequency determined by the director but in no case less than twice per year (once in July covering the six-month period December 1 through May 31 and once in January covering the six-month period June 1 through November 30), submit a report containing at a minimum:
      (1)   The nature and concentration of pollutants in the discharge which are limited by pretreatment standards;
      (2)   The measured or estimated average and maximum daily flows for the reporting period;
      (3)   In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by city or the pretreatment standard necessary to determine the compliance status of the user; and
      (4)   Contributing information as is determined necessary to account for water usage, materials recovery or disposal practices.
   (b)   All periodic compliance reports shall be signed and certified in accordance with § 12.5-633 of this article.
   (c)   All wastewater samples shall be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring equipment in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
   (d)   If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the director, using the procedures prescribed in §§ 12.5-610.1, 12.5-610.2, 12.5-661, 12.5-641 and 12.5-663 of this article, the results of this monitoring along with chain-of-custody forms shall be included in the report.
(Ord. 27308-11-2024, § 9, passed 11-19-2024, eff. 11-29-2024)
§ 12.5-655 REPORTS OF CHANGED CONDITIONS.
   Each user shall notify the director of any planned significant changes to the user’s operations or system which might alter the nature, quality or volume of its wastewater at least 90 days before the change.
   (a)   The director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 12.5-632 of this article.
   (b)   The director may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.
   (c)   For purposes of this requirement, significant changes include, but are not limited to, flow increases or decreases of 20% or greater, the discharge of any previously unreported pollutants and the deletion of any pollutant regulated by this article or a permit issued pursuant to this article.
   (d)   Significant industrial users that discharge wastewater to treatment plants operated by the Trinity River Authority (TRA) shall provide prior written notification to the city and the TRA of changes to its wastewater discharges and any changes at its facility that affect the potential for a slug discharge.
   (e)   Significant industrial users that discharge wastewater to treatment plant operated by the city shall provide prior written notification to the city of changes to its wastewater discharges and any changes at its facility that affect the potential for a slug discharge.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 20043-01-2012, § 11, passed 1-10-2012)
§ 12.5-656 REPORTS OF ACCIDENTAL DISCHARGES.
   (a)   In the case of any discharge, including upset, accidental discharges, discharges of a nonroutine, episodic nature, a nonroutine batch discharge or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
   (b)   Within five days following such discharge, the user shall, unless waived by the director, submit to the director a detailed written report which specifies:
      (1)   A description and cause of the discharge, including location of the discharge, type, concentration and volume of water;
      (2)   Duration of noncompliance including exact dates and times of noncompliance and, if the noncompliance is continuing, an immediate response to cause the noncompliant discharge to cease; and
      (3)   All steps taken or to be taken to reduce, eliminate and prevent continuation or recurrence of such an upset, slug load or accidental discharge, spill or other conditions of noncompliance.
   (c)   Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this ordinance.
   (d)   A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (a) above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
(Ord. 12274, § 1, passed 11-28-1995)
§ 12.5-657 REPORTS FROM NON-PERMITTED USERS.
   All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director as the director may require.
(Ord. 12274, § 1, passed 11-28-1995)
§ 12.5-658 NOTIFICATION OF VIOLATION BASED ON SELF-MONITORING.
   If a user’s monitoring and wastewater analysis indicates that a violation has occurred, the user shall:
   (a)   Inform the director within 24 hours of becoming aware of the violation; and
   (b)   Within ten days submit to the director a report which identifies:
      (1)   The time, date, location, processes, and operations associated with the violation, and the personnel assigned responsibility and/or present during the violation;
      (2)   The cause or probable cause of the noncompliance; and
      (3)   The actions taken and implemented to meet permit conditions.
   (c)   Repeat the sampling and pollutant analysis and submit to the director a written report of the results of this second analysis within 30 days after becoming aware of the violation. The use is not required to resample if the director monitors at the user’s facility at least once a month, or if the director samples between the user’s initial sampling and when the user receives the results of this sampling.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 20043-01-2012, § 11, passed 1-10-2012; Ord. 24839-05-2021, § 1, passed 5-18-2021, eff. 5-27-2021)
§ 12.5-659 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.
   (a)   Pursuant to 40 C.F.R. § 403.12(p), any user who commences the discharge of hazardous waste shall notify the director, the EPA Region VI waste management division director, and the TCEQ, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261.
      (1)   Such notification shall include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other).
      (2)   If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months.
      (3)   All notifications shall take place no later than 180 days after the discharge commences. Any notification under this subsection (a) need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions shall be submitted under § 12.5-655 of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 12.5-651, 12.5-652 and 12.5-653 of this article.
   (b)   Dischargers are exempt from the requirements of subsection (a) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
   (c)   In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user shall notify the director, the EPA Region VI waste management division director, and the TCEQ of the discharge of such substance within 90 days of the effective date of such regulations.
   (d)   In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
   (e)   This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or state law.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 15496, § 13, passed 3-25-2003)
§ 12.5-660 ANALYTICAL REQUIREMENTS.
   All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 C.F.R. Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that 40 C.F.R. Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city in accordance with procedures approved by EPA or TCEQ.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 15496, § 14, passed 3-25-2003; Ord. 20043-01-2012, § 11, passed 1-10-2012)
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