REPORTING REQUIREMENTS

Fort Worth City Code ch. 12.5, art. VI, div. 6

in effect

Fort Worth City Code § 12.5-651 BASELINE MONITORING REPORTS.

§ 12.5-651 BASELINE MONITORING REPORTS. (a) Deadlines for submission or reports. (1) Existing categorical users. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the director a report which contains the information listed in subsection (b) below. (2) New sources and new categorical users. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the director a report which contains the information listed in subsection (b) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. (b) Information submittal. Users described above shall submit the information set forth below: (1) Identifying information. The name and address of the facility, including the name of the operator and owner; (2) Environmental permits. A list of any environmental control permits held by or for the facility; (3) Description of operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes; (4) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 C.F.R. § 403.6(e); (5) Measurement of pollutants. a. The categorical pretreatment standards applicable to each regulated process; b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 12.5-660 of this article. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the city or the applicable standards to determine compliance with the standard; c. Sampling shall be performed in accordance with procedures set out in § 12.5-661 of this article; d. The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this subsection (b)(5). However, the city may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures. Historical data that can represent the current discharge only can be accepted as a baseline report; and e. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW. (6) Certification. A statement, reviewed by the user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements; (7) Compliance schedule. If additional pretreatment, best management practices and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section shall meet the requirements set out in § 12.5-652 of this article; and (8) Signature and certification. All baseline monitoring reports shall be signed and certified in accordance with § 12.5-633 of this article. (Ord. 12274, § 1, passed 11-28-1995; Ord. 20043-01-2012, § 11, passed 1-10-2012)

Fort Worth City Code § 12.5-652 COMPLIANCE SCHEDULE PROGRESS REPORTS.

§ 12.5-652 COMPLIANCE SCHEDULE PROGRESS REPORTS. The following conditions shall apply to the compliance schedule required by § 12.5-651(b)(7) of this article. (a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); (b) No increment referred to above shall exceed nine months; (c) The user shall submit a progress report to the director no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and (d) In no event shall more than nine months elapse between such progress reports to the director. (Ord. 12274, § 1, passed 11-28-1995)

Fort Worth City Code § 12.5-653 REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE.

§ 12.5-653 REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE. (a) Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information described in § 12.5-651(b)(4) through (b)(6) of this article. (b) For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. (c) For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. (d) All compliance reports shall be signed and certified in accordance with § 12.5-633 of this article. (Ord. 12274, § 1, passed 11-28-1995)

Fort Worth City Code § 12.5-654 PERIODIC COMPLIANCE REPORTS FOR FACILITIES DISCHARGING TO THE CITY OF FORT WORTH VILLAGE CREEK WATER RECLAMATION FACILITY.

§ 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)

Fort Worth City Code § 12.5-654.1 PERIODIC COMPLIANCE REPORTS FOR FACILITIES DISCHARGING TO THE TRINITY RIVER AUTHORITY CENTRAL REGIONAL WASTEWATER TREATMENT SYSTEM.

§ 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)

Fort Worth City Code § 12.5-654.2 PERIODIC COMPLIANCE REPORTS FOR FACILITIES DISCHARGING TO THE TRINITY RIVER AUTHORITY DENTON CREEK REGIONAL WASTEWATER SYSTEM.

§ 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)

Fort Worth City Code § 12.5-655 REPORTS OF CHANGED CONDITIONS.

§ 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)

Fort Worth City Code § 12.5-656 REPORTS OF ACCIDENTAL DISCHARGES.

§ 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)

Fort Worth City Code § 12.5-657 REPORTS FROM NON-PERMITTED USERS.

§ 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)

Fort Worth City Code § 12.5-658 NOTIFICATION OF VIOLATION BASED ON SELF-MONITORING.

§ 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)

Fort Worth City Code § 12.5-659 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.

§ 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)

Fort Worth City Code § 12.5-660 ANALYTICAL REQUIREMENTS.

§ 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)

Fort Worth City Code § 12.5-661 SAMPLE COLLECTION.

§ 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)

Fort Worth City Code § 12.5-662 DATE REPORTS DEEMED RECEIVED.

§ 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)

Fort Worth City Code § 12.5-663 RECORD KEEPING.

§ 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)

Fort Worth City Code § 12.5-664 through 12.5-669 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/0-0-0-15242Fetched: 10/26/2026