O349 OFFICIAL CItY
SECRETARY'S COPY
ORDINANCE NO. ~4n
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 itwould comply with all permit conditions
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 BYTHE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
That subsections (d) and (e) of Section 23-123 of Chapter 23, Article III of the
Kennedale City Code, are hereby amended to read as follows:
"Sec. 23-123. Prohibited discharges.
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(d) SPECIFIC DISCHARGE PROHIBITIONS
No person shall contribute or cause to be discharged directly or
indirectly, into any public sanitary sewer any of the following described
substances, materials, water or waste:
(1) Temperature. Any liquid or vapor having a temperature higher than
one hundred fifty degrees (150°) Fahrenheit (65° Centigrade) or a
temperature which inhibits or interferes with biological activity in the
POTW treatment plant. In no case shall wastewater be introduced
which would have a temperature exceeding 40 degrees C (104
degrees F) upon entering the POTW treatment plant.
(2) Solidifvina Substance. Any water or waste which contains wax,
grease, oil, petroleum oil, nonbiodegradable cutting oil, products of
mineral oil origin, plastic or other substance that will solidify or become
discernibly viscous at temperatures between thirty-two degrees (32°)
to one hundred fifty degrees (150°) Fahrenheit, thereby contributing
to the clogging, plugging or otherwise restricting the flow of
wastewater through the collection system;
(3) Explosive. Pollutants which create a fire or explosion hazard in the
sewer system or POTW, including, but not limited to, waste streams
with a closed cup flashpoint of less than 140 degrees Fahrenheit or
60 degrees Centigrade using the test methods specified in 40 CFR
Part 261.21. This includes flammable or explosive liquids, solids or
gases such as gasoline,
kerosene, benzene, naphtha, etc., which by reason of their chemical
properties or quantity may be sufFcient, either alone or by interaction,
to cause fire or explosion.
(4) Obstruction. Solid or viscous substances in quantities capable of
causing obstruction in the flow in sewers or other interference, such
as, but not limited to, ashes, cinders, asphalt, concrete, cement, sand,
mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
whole blood, paunch manure, hair and fleshings, entrails, lime slurry,
lime residues, slops, chemical residues, paint residues, or bulk solids;
(5) Garbage. Any garbage that has not been properly comminuted or
shredded to such a degree that all particles will be carried freely under
the flow conditions normally prevailing in public sewers, with no
particle greater than one-half (1/2) inch in any dimension;
(6) Gases. Any noxious or malodorous liquids, gases, solids, or other
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wastewater which, either singly or by interaction with other wastes,
are sufficient to create a public nuisance or a hazard to life, or to
prevent entry into the sewers for maintenance and repair;
(7) Sludge. Any substance which may cause the POTW's effluent or
treatment residues, sludges, or scums, to be unsuitable for
reclamation and reuse or to interfere with the reclamation process as
determined pursuant to criteria in this Division. In no case, shall a
substance discharged to the POTW cause the POTW to be in
noncompliance with sludge use or disposal criteria, guidelines or
regulations developed under Section 405 of the Act or any criteria,
guidelines or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Resource Conservation
and Recovery Act, the Clean Air Act, the Toxic Substances Control
Act, or state standards applicable to the sludge management method
being used;
(8) TPDES. Any substance which will cause the POTW to violate its
TPDES or other disposal system permits, or the receiving stream
water quality standards;
(9) Objectionable Color. Any substance with objectionable color which
cannot be removed by the treatment process, such as, but not limited
to, dye wastes and vegetable tanning solutions;
(10) Slugload. Any dump or slugload;
(11) Hazard to human life. Any wastewater which causes a hazard to
human life or creates a public nuisance;
(12) Toxicity Test. Wastewater causing, alone or in conjunction with other
sources, the treatment plant's effluent to fail a toxicity test;
(13) Swimming Pool. Swimming pool drainage from private residential
pools may not be discharged to the sanitary sewer system.
Swimming pool drainage from public and semi-public swimming pools
may be discharged to the POTW with the prior consent of the
Authority. Swimming pool filter backwash may be discharged to the
POTW;
(14) Detergents. Detergents, surface-active agents, or other substances
which may cause excessive foaming in the POTW;
(15) Medical Waste. Medical wastes, except as specifically authorized by
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the Authority in a wastewater discharge permit;
(16) Pollutants. Pollutants which result in the presence of toxic gases,
vapors, or fumes within the POTW in a quantity that may cause acute
worker health and safety problems.
(17) Interference. Any Pollutant, including oxygen-demanding pollutants
(BOD, etc.) released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with other
pollutants, will cause Interference with the POTW.
(18) Oils. Petroleum oil, non-biodegradable cutting oil, or product of
mineral .oil origin in amounts that will cause Interference or Pass
Through.
(19) Trucked or Hauled Pollutants. Trucked or hauled pollutants, except
at discharge points designated by the Authority in accordance with
section 23-123(c) of this Division.
(20) ~H. Pollutants which will cause corrosive structural damage to the
POTW, but in no case discharges with Ph lower than 5.0, unless the
works is specifically designed to accommodate such discharges.
(21) Oil and Grease.
(A) Petroleum oil, non-biodegradable cutting oil, or non
polar products of mineral oil origin in concentrations
greater than 200 mg/L;
(B) Visible free floatable polar oils, fats, or grease in
wastewater discharged from industrial or commercial
facilities into the POTW; or
(C) In no case shall discharges in amounts that cause
interference or operational problems with the POTW be
allowed; or
(22) BTEX. BTEX concentration greater than 1.0 mg/L.
(e) WASTEWATER LIMITATIONS
No person shall contribute or cause to be discharged, directly or
indirectly, into any sanitary sewer any wastewater containing or having:
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(1) Acids or alkalies. Acids or alkalies capable of causing damage to
sewage disposal structures or personnel or having a pH value:
(A) lower than 5.0 or higher than 12.0 for discharges to Fort Worth;
or
(B) lower than 5.5 or higher than 11.0 for discharges to TRA.
(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 Discharges
to TRA to Fort Worth
Arsenic 0.2 0.25
Cadmium 0.1 0.15
Chromium 2.9 5.0
Copper 2.3 2.3
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 8.0
TTO 2.1 No Limit
(3) Cvanide. Cyanide or cyanogen compounds (expressed as total Cn)
in excess of:
(A) 1.0 mg/L for discharges to Fort Worth; and
(B) 0.5 mg/L for discharges to TRA.
(4) Gases. Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of
10 parts per million.
(5 Radioactive. Radioactive wastes or isotopes with ahalf-life or
concentration exceeding limits established by the Authority in
compliance with applicable state or federal regulations.
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(6) Toxics. Toxic pollutants in sufficient quantity, either singly or by
interaction with otherwastes, to injure or interfere with anywastewater
treatment process, constitute a hazard to humans or animals, or to
pass through the treatment plant and impair aquatic life in receiving
water, as expressed by the results of acute or chronic toxicity tests of
the POTW effluent.
(7) Categorical. Pollutants in excess of the limitations established in an
applicable categorical pretreatment standard set forth in Title 40 of the
Code of Federal Regulations.
(8) Explosive. Wastewaters which emanate vapors causing the
atmosphere in the sewer system to exceed 20 percent of the lower
explosive limit in the immediate area of the discharge."
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.
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.
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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
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.
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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 ~ DAY OF , 2006.
MAYOR
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EFFECTIVE: ~ • ~I ~ ~~6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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