§ 12.5-661 SAMPLE COLLECTION.

   (a)   Except as indicated in subsection (b) and (c) below, the user shall collect wastewater samples using 24 hour flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the director may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. Using protocols (including appropriate preservation) specified in 40 C.F.R. Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

   (b)   Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds shall be obtained using grab collection techniques.

   (c)   For sampling required in support of baseline monitoring and 90-day compliance reports required in §§ 12.5-651 and 12.5-653 and 40 C.F.R. §§ 403.12(b) and (d), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the city superintendent may authorize a lower minimum. For the reports required by §§ 12.5-654 and 12.5-654.1 and 40 C.F.R. §§ 403.12(e) and 403.12(h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.

   (d)   TTOs shall be sampled for as stipulated in each specific federal category. The director may also sample any non-categorical user for TTOs and/or any other parameters reasonably suspected to be present.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 20043-01-2012, § 11, passed 1-10-2012)

§ 12.5-662 DATE REPORTS DEEMED RECEIVED.

   Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail receptacle serviced by the United States postal service, the date of receipt of the report shall govern.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-663 RECORD KEEPING.

   (a)   Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements including documentation associated with best management practices established under §§ 12.5-610(e), 12.5-610.1(e) and 12.5-610.2(e).

   (b)   Records shall include the date, exact place, method and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses.

   (c)   These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the director.

(Ord. 20043-01-2012, § 11, passed 1-10-2012)

§§ 12.5-664—12.5-669 RESERVED.

DIVISION 7: COMPLIANCE MONITORING AND ENFORCEMENT

§ 12.5-670 INSPECTION AND SAMPLING.

   (a)   At least once a year, the director shall inspect and sample each significant industrial user. However, the director may inspect and sample each SIU as frequently as needed during the pretreatment year. The director shall evaluate and determine whether each SIU needs a plan to control slug discharges. The director shall make the determination within a year from the evaluation.

   (b)   Users must allow the director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. Users shall also comply with all applicable provisions of federal and state law allowing authorized representatives of the EPA and TCEQ access to all parts of the premises and records for the purposes of inspection, sampling, records examination and copying, and the performance of other authorized functions.

   (c)   User shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis and whether constructed on public or private property, the monitoring facilities should be provided in accordance with the city’s requirements and all applicable local construction standards and specifications, and such facilities shall be constructed and maintained in such manner so as to enable the city to perform independent monitoring activities.

   (d)   The director shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

   (e)   The director may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition at the user’s expense. All devices used to measure wastewater flow and quality shall be calibrated as determined by the director to ensure their accuracy.

   (f)   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 user at the written or verbal request of the director and shall not be replaced. The costs of clearing such access shall be born by the user.

   (g)   Unreasonable delays in allowing the director, or authorized representatives of the EPA and TCEQ, access to the user’s premises shall be a violation of a wastewater discharge permit and of this article.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 17074, § 10, passed 7-25-2006; Ord. 20043-01-2012, § 12, passed 1-10-2012)

§ 12.5-671 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE FOR FACILITIES DISCHARGING TO THE CITY OF FORT WORTH VILLAGE CREEK WATER RECLAMATION FACILITY.

   (a)   The Director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the city a list of the users discharging to the City of Fort Worth Village Water Reclamation Facility which, during the previous 12 months, were in significant noncompliance (SNC) with applicable pretreatment standards and requirements. Significant industrial users are subject to the SNC criteria listed in subsections (b)(1) through (b)(8) below. Group II non-significant industrial users that have been issued a permit shall be subject to SNC criteria listed in subsections (b)(3) through (b)(8) below. Group VI non-significant categorical industrial users shall be subject to SNC criteria listed in subsections (b)(3) through (b)(8) below. All other industrial users are subject to the SNC criteria listed in subsections (b)(3), (b)(4) and (b)(8) of this section.

   (b)   For purposes of this Section, the term SIGNIFICANT NON-COMPLIANCE shall mean:

      (1)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken for the same pollutant parameter during a six-month period exceed a numeric pretreatment standard or requirement, including instantaneous limits for the same pollutant parameter by any amount;

      (2)   Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

      (3)   Any other discharge violation of a pretreatment standard or requirement as defined by 40 C.F.R. § 403.3(l) (daily maximum, long-term average or a narrative standard) that the director determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

      (4)   Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the director’s exercise of his or her emergency authority to halt or prevent such a discharge;

      (5)   Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

      (6)   Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic reports (such as self-monitoring reports), and reports on compliance with compliance schedules;

      (7)   Failure to accurately report noncompliance; or

      (8)   Any other violation(s) which may include a violation of best management practices, which the director determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 20043-01-2012, § 12, passed 1-10-2012; Ord. 27308-11-2024, § 10, passed 11-19-2024, eff. 11-29-2024)