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OFFICIAL CITY
ORDINANCE NO. X51 S%CPETARY'S CQPY
AN ORDINANCE OF THE CITY OF KENNEDALE, AMENDING SECTION
23-123 OF CHAPTER 23, ARTICLE III OF THE KENNEDALE CITY CODE
(1992), PROVIDING THAT CERTAIN WASTEWATER CONSTITUENTS
ARE PROHIBITED; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of'the City of Kennedale finds that the unregulated
transportation and discharge of liquid waste presents a hazard to the public health, safety,
and welfare of the citizens of the City of Kennedale; and
WHEREAS, the City of Kennedale provides waste water utility service through
wholesale wastewater contracts with the City of Fort Worth, the City of Arlington and the
Trinity River Authority; and
WHEREAS, these wholesale waste water contracts provide that the City of
Kennedale, as a wholesale customer, agreed that it would comply with all permit cond itions
in any way relating to the collection system and the discharge into the collection system;
and
WHEREAS, the City of Fort Worth Water Department has requested certain
amendments be made to the City of Kennedale industrial waste ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
That subsection (e)(2) of Section 23-123 of Chapter 23, Article I II of the Kennedale
City Code, is hereby amended to read as follows:
"Sec. 23-123. Prohibited discharges.
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(e) WASTEWATER LIMITATIONS
No person shall contribute or cause to be discharged, directly or
indirectly, into any sanitary sewer any wastewater containing or having:
(2) Metals. Metals in the form of compounds or elements with total
concentrations exceeding the following:
INSTANTANEOUS
MAXIMUM ALLOWABLE
DISCHARGE LIMIT (mg/L)
For Disharaes For Discharaes
to TRA to Fort Worth
Arsenic 0.2 0.25
Cadmium 0.1 0.15
Chromium 2.9 5.0
Copper 2.3 4.0
Lead 0.9 2.9
Mercury 0.0004 0.01
Molybdenum 0.2 No Limit
Nickel 4.6 2.0
Selenium 0.1 No Limit
Silver 0.8 1.0
Zinc 8.0 5.0
TTO 2.1 No Limit"
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of Ordinances of the City of Kennedale, Texas (1992), 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 the conflicting provisions of such ordinances and such Code are
hereby repealed.
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SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections 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 this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 4.
Notwithstanding any notice provisions contained in this Ordinance, 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) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense. Additionally, the City may seek
injunctive relief pursuant to section 54.016, Texas Local Government Code and civil
penalties of up to $5000 per day pursuant to section 54.017, Texas Local Government
Code.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of Chapter 23 which have accrued at the time of the effective
date of this ordinance; and, as to such accrued violations and all pending litigation, both
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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 Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale, the caption, penalty clause, publication clause
and effective date clause of this ordinance one (1) time within ten (10) days after the first
reading of this ordinance as required by Section 3.10 of the Charter of the City of
Kennedale.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS !Z. DAY OF Dam. 2006.
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CITY SECRE'`fARY
EFFECTIVE: ~D -.~ ~
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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