WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS

Fort Worth City Code ch. 12.5, art. VI, div. 5

in effect

Fort Worth City Code § 12.5-639 WASTEWATER DISCHARGE PERMIT DECISIONS.

§ 12.5-639 WASTEWATER DISCHARGE PERMIT DECISIONS. (a) The director will evaluate the data furnished by a user’s permit application, and may require additional information. (b) Within a reasonable period of time following receipt of a complete wastewater discharge permit application, the director will determine whether to issue a wastewater discharge permit. (c) The director may deny any application for a wastewater discharge permit. A permit denial may be appealed in accordance with the procedures set forth in § 12.5-119 of this chapter. (Ord. 12274, § 1, passed 11-28-1995; Ord. 15496, § 1, passed 3-25-2003)

Fort Worth City Code § 12.5-640 WASTEWATER DISCHARGE PERMIT DURATION.

§ 12.5-640 WASTEWATER DISCHARGE PERMIT DURATION. (a) A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the director. (b) Each wastewater discharge permit will indicate a specific date upon which it will expire. (c) Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. A permit may be transferred to the new owner in accordance with the procedures set forth in § 12.5-644 of this chapter. (d) All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. (Ord. 12274, § 1, passed 11-28-1995; Ord. 17074, § 8, passed 7-25-2006)

Fort Worth City Code § 12.5-641 WASTEWATER DISCHARGE PERMIT CONTENTS.

§ 12.5-641 WASTEWATER DISCHARGE PERMIT CONTENTS. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. (a) A wastewater discharge permit shall contain: (1) A statement that indicates the permit’s duration; (2) A statement that the permit is nontransferable without prior notification to the city in accordance with § 12.5-644 of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (3) Effluent limits and best management practices based on applicable pretreatment standards; (4) Self monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants (or best management practices) to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law; (5) A statement of any civil and/or criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law; and (6) Requirements to control slug discharge, if determined by the director to be necessary. (b) Wastewater discharge permits may also contain the following conditions: (1) Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization; (2) Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices, designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works; (3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges; (4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; (5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW; (6) Requirements for installation and maintenance of inspection, flow and sampling facilities and equipment; (7) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and (8) Other conditions as deemed appropriate by the director to ensure compliance with this article, and state and federal laws, rules and regulations. (Ord. 12274, § 1, passed 11-28-1995; Ord. 20043-01-2012, § 10, passed 1-10-2012)

Fort Worth City Code § 12.5-642 RESERVED.

Fort Worth City Code § 12.5-643 PERMIT MODIFICATION.

§ 12.5-643 PERMIT MODIFICATION. The director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (a) To incorporate any new or revised federal, state or local pretreatment standards or requirements; (b) To address significant alterations or additions to the user’s operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance; (c) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; (d) Information indicating that the permitted discharge poses a threat to the city’s POTW, the city’s personnel or the receiving waters; (e) To incorporate, revise or revoke new or existing best management practices; (f) A violation of any terms or conditions of the wastewater discharge permit; (g) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (h) To correct typographical or other errors in the wastewater discharge permit; or (i) To reflect a transfer of the facility ownership or operation to a new owner or operator. (Ord. 12274, § 1, passed 11-28-1995; Ord. 20043-01-2012, § 10, passed 1-10-2012)

Fort Worth City Code § 12.5-644 PERMIT TRANSFER.

§ 12.5-644 PERMIT TRANSFER. (a) Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives advance notice to the director and the director approves the permit transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. (b) The notice shall include a written certification by the new owner or operator which: (1) States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes; (2) Identifies the specific date on which the transfer is to occur; and (3) Acknowledges full responsibility for complying with the existing wastewater discharge permit. (Ord. 12274, § 1, passed 11-28-1995; Ord. 15496, § 12, passed 3-25-2003)

Fort Worth City Code § 12.5-645 GROUNDS FOR PERMIT DENIAL OR REVOCATION.

§ 12.5-645 GROUNDS FOR PERMIT DENIAL OR REVOCATION. (a) The director may deny or, after notice and hearing, revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (1) Failure to notify the director of significant changes to the wastewater prior to the changed discharge; (2) Failure to provide prior notification to the director of changed conditions pursuant to § 12.5-655 of this article; (3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; (4) Falsifying self-monitoring reports; (5) Tampering with monitoring equipment; (6) Refusing to allow the director timely access to the facility premises and records; (7) Failure to meet effluent limitations; (8) Failure to meet best management practices, based on applicable pretreatment standards; (9) Failure to pay fines; (10) Failure to pay sewer charges; (11) Failure to meet compliance schedules; (12) Failure to complete a wastewater survey or the wastewater discharge permit application; (13) Failure to provide advance notice of the transfer of business ownership of a permitted facility; (14) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit, this article or Article VII; or (15) A user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this ordinance, individual wastewater discharge permit. (b) Petitions and hearings are subject to the requirements set forth in § 12.5-119 of this chapter. (Ord. 12274, § 1, passed 11-28-1995; Ord. 20043-01-2012, § 10, passed 1-10-2012)

Fort Worth City Code § 12.5-646 PERMIT REISSUANCE.

§ 12.5-646 PERMIT REISSUANCE. (a) A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 12.5-632 of this article, a minimum of 90 days prior to the expiration of the user’s existing permit. (b) If the user submits an application in compliance with subsection (a) above, and the failure of the director to reissue a permit prior to the expiration of the previous permit is not due to any act or omission of the user, the expired permit shall continue to be effective and enforceable until reissued. (Ord. 12274, § 1, passed 11-28-1995)

Fort Worth City Code § 12.5-647 REGULATION OF WASTES FROM OTHER JURISDICTIONS.

§ 12.5-647 REGULATION OF WASTES FROM OTHER JURISDICTIONS. (a) A municipality which contributes wastewater to the POTW, shall enter into an interlocal agreement with the city prior to contributing such wastewater. (b) Prior to the city entering into an interlocal agreement as provided in subsection (a) above, the director may request the following information from the contributing municipality: (1) A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality; (2) An inventory of all users located within the contributing municipality that are discharging to the POTW; and (3) Such other information as the director may deem necessary. (Ord. 12274, § 1, passed 11-28-1995)

Fort Worth City Code § 12.5-648 EXTRAJURISDICTIONAL USERS.

§ 12.5-648 EXTRAJURISDICTIONAL USERS. (a) An extrajurisdictional user shall apply for a permit in accordance with this article at least 90 days prior to discharging to the POTW. (b) This section does not apply to extrajurisdictional users in jurisdictions which have an agreement with the city pursuant to § 12.5-647. (c) A wastewater discharge permit issued to an extrajurisdictional user shall be in the form of a contract, and must include, at a minimum, the components found in 40 C.F.R. § 403.8(f)(1)(iii) and shall require the approval of the city council. An extrajurisdictional user shall agree to all the terms of this article, the terms of Article I, Division 3 of this chapter, and the terms of its wastewater discharge contract in accordance with the procedures set forth in § 12.5-641 of this chapter prior to discharging into the POTW. (Ord. 12274, § 1, passed 11-28-1995; Ord. 17074, § 9, passed 7-25-2006)

Fort Worth City Code § 12.5-649 through 12.5-650 RESERVED.

Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-15155Fetched: 10/26/2026