ORD NO 03-1997 ORDINANCE NO.-3
AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE
DISCHARGE OF WASTEWATERS INTO THE WASTEWATER TREATMENT
SYSTEM OF THE CITY OF VAN BUREN, ARKANSAS, REPEALING VAN BUREN
MUNICIPAL CODE CHAPTER 10.08 WITH EXCEPTIONS AND SUBSTITUTING
THE PROVISIONS HEREIN SET OUT AND DECLARING AN EMERGENCY.
WHEREAS, the Clean Water Act, 33 U.S.C. 1251 et seq, as amended (hereinafter
referred to as the "Act has resulted in an unprecedented program of cleaning up our Nation's
waters;
WHEREAS, the City has previously passed an Ordinance which is codified as Chapter
10.08 of the Van Buren Municipal Code. That amendments to said previous Chapter had become
necessary and it is the intent of this Ordinance to repeal the previous Ordinance and substitute the
terms and conditions contained within this Ordinance for said previous Chapter.
WHEREAS, this City seeks to provide for the use of its wastewater treatment system by
industries served by it without damage to the physical facilities, without impairment of their
normal function of collecting, treating and discharging domestic wastewater, and without the
discharge by this City's wastewater treatment system of pollutants which would violate the
discharge allowed under its National Pollutant Discharge Elimination System (NPDES) permit and
7
the applicable rules of all governmental authorities with jurisdiction over such discharges.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the City Council of the
City of Van Buren, County of Crawford, State of Arkansas, as follows:
SECTION 10 02 OP DEFINITIONS
Abbreviations The following abbreviations shall have the designated meanings.
AO Administrative Order
BOD Biochemical Oxygen Demand
"Draft" -1- December 27, 1995
CFR Code of Federal Regulations
D
COD Chemical Oxygen Demand
DPC &E (or ADPC &E) Arkansas Department of Pollution Control
Ecology
gpd Gallons per day
1 Litre
mg /1 Milligrams per litre
NPDES National Pollutant Discharge Elimination system
0 M Operation Maintenance
POTW Publicly Owned Treatment Works
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classifications
SWDA Solid Waste Disposal Act (42 U.S.C. 6901, et seq
TSS Total Suspended Solids
U.S.C. United States Code
USEPA United States Environmental Protection Agency
Act The Clean Water Act (33 U.S.C. 1251 et seq), as amended.
Administrative Enforcement document issued by the Superintendent which directs
Order industrial user(s) to undertake or cease specified activities.
Approval Director of the State Department of Pollution Control and Ecology
Authority (DPC &E) of the State of Arkansas.
Authorized 1. If the industrial user is a corporation, authorized representative
Representative shall mean:
of the a. the president, secretary, treasurer, or a vice president of
Industrial the corporation in charge of a principal business function, or
User any other person who performs similar policy or decision
making functions for the corporation;
b. the manager of one or more manufacturing, production, or
operation facilities employing more than 250 persons or having
gross sales or expenditures exceeding $25 million (in second quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures;
2. If the industrial user is a partnership, or sole proprietorship, an
authorized representative shall mean a general partner or proprietor,
respectively;
3. If the industrial user is a Federal, State or local government facility, an
authorized representative shall mean a director or highest official appointed
or designated to oversee the operation and performance of the activities of
the government facility, or his /her designee;
4. The individuals described in paragraphs 1 -3 above may designate (to
another authorized representative if the authorization is in writing, the
"Draft" -2- December 27, 1995
authorization specifies the individual or the position responsible for the
overall operation of the facility from which the discharge originates or
having overall responsibility for environmental matters for the company,
and the written authorization is submitted to the City.
BOD Biochemical Oxygen Demand means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory
procedures in five (5) days at 20 C, expressed in terms of weight and
concentration (milligrams per litre).
Categorical Any regulation containing pollutant discharge limits promulgated
Pretreatment by the U.S. EPA in accordance with Sections 307(b) and (c) of the
Standard ACT (33 U.S.C. 1317) which apply to a specific category of industrial users
or Categorical and which appear in 40 CFR Chapter I, Subchapter N, Parts
Standard 405 -471.
City The City of Van Buren, Arkansas.
Color The optical density at the visual wave length of maximum absorption,
relative to distilled water. One hundred percent (100 transmittance is
equivalent to zero (0.0) optical density.
Consent Order An agreement between the Commission and an industrial user containing:
1) Compliance schedule(s)
2) Stipulated fines or remedial actions; and
3) Signatures of the Commission and industry representatives.
Cooling The water discharged from any use such as air conditioning, cooling or
Water refrigeration during which the only pollutant added to the water is heat.
Commission The Van Buren Water, Sewer and Solid Waste Commission which shall be
the administrative representative of the City relative to this ordinance and
shall be the Control Authority.
Compatible Such pollutants as BOD, suspended solid, pH, fecal coliform bacteria, and
Pollutant other such pollutants as are now or may be in the future specified and
controlled in this City's NPDES permit for its waste treatment works for
which said works have been designed and used to remove such pollutants.
Composite Sample The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on increment of either flow or
time.
Department Means the Van Buren Water, Sewer and Solid Waste Department.
"Draft" -3- December 27, 1995
Discharger- Any non residential user who discharges an effluent into a POTW by
Industrial means of pipes, conduits, pumping stations, force mains, constructed
Discharger drainage ditches, surface water intercepting ditches and all constructed
devices and appliances appurtenant thereto.
Existing Source Any source of discharge, the construction or operation of which
commenced prior to the publication of proposed categorical pretreatment
standard which will be applicable to such source if the standard is thereafter
promulgated in accordance with Section 307 of the Act.
Grab Sample A sample which is taken from waste stream on a one time basis without
regard to the flow in the waste stream and without consideration of time.
Indirect The discharge or the introduction of non domestic pollutants from a
Discharge source regulated under Section 307 (b) or (c) of the Act, into the POTW.
Interference A discharge which alone or in conjunction with a discharge or discharges
from other sources: 1) inhibits or disrupts the POTW, its treatment
processes or operations or its sludge processes, use or disposal; and 2)
therefore is a cause of a violation of the City's NPDES permit or of the
prevention of sewage sludge use or disposal in compliance with any of the
following statutory/regulatory provisions or permits issued thereunder (or
more stringent state or local regulations): Section 405 of the Clean Water
Act; the Solid Waste Disposal Act (SWDA), including Title II commonly
referred to as the Resource Conservation and Recovery Act (RCRA); any
State regulations contained in any State sludge management plan prepared
pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic
Substances Control Act; and the Marine Protection, Research and
Sanctuaries Act.
Local Limits The limitations established by the Van Buren Water, Sewer and Solid
Waste Commission for a significant industrial discharger to the public
sewer system.
May Is permissive or discretionary.
Medical Wastes Isolation wastes, infectious agents, human blood and blood byproducts,
pathological wastes, sharps, body parts, fomites, etiologic agents,
contaminated bedding, surgical wastes, potentially contaminated laboratory
wastes and dialysis wastes.
NPDES National Pollutant Discharge Elimination System permits program as
administered by the U.S. EPA or the DPC &E (State of Arkansas).
"Draft" -4- December 27, 1995
National Any regulation containing pollutant discharge limits promulgated
Pretreatment by the United States Environmental Protection Agency (USEPA) in
Standard, accordance with section 307(b) (c) of the Act, which applies to
Pretreatment Industrial Users. This term includes prohibitive discharge limits established
Standard, or pursuant to 403.5.
Standard
New Source (1) Any building, structure, facility or installation from which there is or
may be a discharge of pollutants, the construction of which commenced
after the publication of proposed pretreatment standards under Section
307(c) of the Act which will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility or installation is constructed
at a site at which no other source is located; or
(b) The building, structure, facility or installation totally
replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the
building, structure, facility or installation are substantially
independent of an existing source at the same site. In
determining whether these are substantially independent,
factors such as the extent to which the new facility is
integrated with the existing plant, and the extent to which
the new facility is engaged in the same general style of
activity as the existing source, shall be considered.
(2) Construction on a site at which an existing source is located results in
a modification rather than a new source if the construction does not create
new building, structure, facility or installation meeting the criteria of
Section (1)(b) or (c) above but otherwise alters, replaces, or adds to
existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
(a) Begun, or caused to begin as part of a continuous onsite
construction program.
(i) Any placement, assembly, or installation of facilities
or equipment, or
(ii) Significant site preparation work including clearing,
excavation, or removal of existing buildings,
structures, or facilities which is necessary for the
placement, assembly, or installation of new source
facilities or equipment; or
(b) Entered into a binding contractual obligation for the
purchase of facilities or equipment which are intended to be
"Draft" -5- December 27, 1995
used in its operation within a reasonable time. Options to
purchase or contracts which can be terminated or modified
without substantial loss, and contracts for feasibility,
engineering, and design studies do not constitute a
contractual obligation under this paragraph.
O and M Operation and Maintenance.
Other Waste Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage,
offal, oil, tar, chemicals and all other substances except sewage and
industrial wastes.
pH An expression of the concentration of hydrogen ions in solution.
Measurement of pH indicates an acid solution when pH is less than 7 and
an alkaline solution when the pH is greater than 7. pH is the negative
logarithm of the hydrogen ion concentration of an aqueous solution.
Pass Through A discharge which exits the POTW into waters of the United States in
quantities or concentrations which, alone or in conjunction with a discharge
or discharges from other sources, is a cause or violation of any requirement
of the City's NPDES permit.
Pollutant Any dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, medical wastes, chemical wastes, industrial
wastes, biological materials, radioactive materials, heat, wrecked or
discharged equipment, rock, sand, cellar dirt, agricultural wastes, and the
characteristics of the wastewater [i.e., pH, temperature, TSS, turbidity,
color, BOD, chemical oxygen demand, toxicity, odor].
POTW Any sewage treatment works and the sewers and conveyance appurtenances
discharging thereto, owned and operated by the City of Van Buren,
Arkansas.
Pretreatment The reduction of the amount of pollutants, the elimination of pollutants, or
the alteration of the nature of pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or otherwise introducing
such pollutants into a POTW. This reduction or alteration can be obtained
by physical, chemical or biological processes, by process changes, or by
other means, except by diluting the concentration of pollutants unless
allowed by an applicable pretreatment standard.
Pretreatment Any substantive or procedural requirement related to pretreatment imposed
Requirements on a user, other than a pretreatment standard.
"Draft" -6- December 27, 1995
Prohibited Absolute prohibitions against the discharge of certain substances;
Discharges these prohibitions appear in Section 10.08.02(1.) of this Ordinance.
Sewage Water carried human wastes or a combination of water carried wastes from
residences, business buildings, institutions and industrial establishments,
together with such ground, surface, storm or other waters as may be
present.
Sewer Any pipe, conduit, ditch or other device used to collect and transport
sewage or storm water from the generating source.
Shall Is mandatory.
SIC Code Standard Industrial Classification Code; a classification pursuant to the
Standard Industrial Classification Manual issued by the U.S. Office of
Management and Budget.
Significant All industrial users subject to Categorical Pretreatment Standards
Industrial under 40 CFR Chapter I, Subchapter N; and any other industrial
Discharger user that; discharges an average of 25,000 gallons per day or more
of process wastewater to the POTW (excluding sanitary, non contact
cooling and boiler blowdown wastewater); contributes a process
0 wastestream which makes up 5 percent or more of the POTW treatment
plant; or is designated as such by the Control Authority as defined in 40
CFR 403.12(a) on the basis that the industrial user has a reasonable
potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement. Upon finding that a user meeting the
fore listed criteria has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement,
the City (or the Commission) may, at any time, on its own initiative or in
response to a petition received from a user, and in accordance with
procedures in 40 CFR403.8(f)(6), determine that such a user should not be
considered a significant industrial user.
Slugload Any discharge at a flow rate or concentration which could cause a violation
of the prohibited discharge standards in Section 10.08.02(1) of this
Ordinance or any discharge of a non routine, episodic nature, including but
not limited to, an accidental spill or a non customary batch discharge.
Superintendent The Superintendent of the Van Buren Water, Sewer and Solid Waste
Department, or authorized representative, operating under the immediate
direction of the Van Buren Water, Sewer and Solid Waste Commission.
"Draft" -7- December 27, 1995
Suspended The total suspended matter that floats on the surface of, or is
Solids suspended in water, wastewater or other liquids which is removable by
laboratory filtering.
Toxic One of the 126 pollutants, or combination of those pollutants, listed as toxic
in regulations promulgated by the USEPA under the provisions of Section
307 (33 U.S.C. 1317) of the Act.
Treatment Plant Any discharge of pollutants from the POTW into the waters of the
Effluent State.
Upset An exceptional incident in which a Discharger unintentionally and
temporarily is in a state of noncompliance with the standards set forth in
this Ordinance due to factors beyond the reasonable control of the
Discharger, and excluding noncompliance to the extent caused by
operational error, improperly designed treatment facilities, lack of
preventive maintenance, or careless or improper operation thereof.
Wastewater Liquid and water carried industrial wastes, and sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities,
and institutions, whether treated or untreated, which are contributed to the
POTW.
SECTION 10 OR 02 RF.C;TTT.ATTONS
L (RNF DISCHARGE PROHTRTTTONS
No Discharger shall contribute or cause to be discharged, directly or indirectly, any of the
following described substances into the wastewater treatment system or otherwise to the facilities
of the City.
a) Any liquids, solids, or gases which by reason of their nature or quantity are, or may
be, sufficient, either alone or by interaction, to cause fire or explosion, including any
waste stream with a closed -cup flash point of less than 140 F (60 C) using the test
methods specified in 40 CFR 261.21, or be injurious in any other way to the operation
of the POTW.
"Draft" -8- December 27, 1995
b) Solid or viscous substances which will or may cause obstruction to the flow in a
Glo
sewer or other interference with the operation of the wastewater system.
c) Any wastewater having a pH less than 5.0 or higher than 11 or having any other
corrosive property capable of causing damage or hazard to structures, equipment
or personnel of the system.
d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or
by interaction, to injure or interfere with any wastewater treatment process, to
constitute a hazard to humans or animals, or to exceed the limitation set forth in
Categorical Pretreatment Standards.
e) Any noxious or malodorous liquids, gases, or solids which either singly or by
interaction are capable of creating a public nuisance or hazard to life or are
sufficient to prevent entry into the sewers for their maintenance and repair.
0 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. 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, any criteria,
guidelines or regulations affecting sludge use or disposal developed pursuant to the
Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act,
or State standards applicable to the sludge management method being used.
g) Any substance which will cause the POTW to violate its NPDES and /or other
Disposal System Permits.
0
"Draft" -9- December 27, 1995
h) Any substance with objectionable color not removed in the treatment process, such
as, but not limited to, dye wastes and vegetable tanning solutions.
i) Any wastewater having a temperature which will inhibit biological activity in the
POTW treatment plant resulting in interference; but in no case, wastewater with
a temperature at the introduction into the POTW which exceeds 40 degrees C (104
degrees F).
j) Any slugload, which shall mean any pollutant, including oxygen demanding
pollutants (BOD, etc.), released in a single extraordinary discharge episode of such
volume or strength as to cause interference to the POTW.
k) Any unpolluted water including, but not limited to non contact cooling water,
unless it is in limited amounts that will not affect POTW efficiency and approved
by the Commission.
1) Any wastewater containing any radioactive wastes or isotopes of such halflife or
concentration as to exceed limits established by the Commission or Superintendent
in compliance with applicable State or Federal regulations.
m) Any wastewater which causes a hazard to human life or creates a public nuisance.
n) Any water or wastewater containing fats, wax, grease or oils, whether emulsified
or not, in excess of 100 mg /1 or containing any substances which may solidify or
become viscous at temperatures between 0 degrees C (32 degrees F) and 65
degrees C (150 degrees F).
o) Petroleum oil, non biodegradable cutting oil, or products of mineral oil origin in
amounts that will cause interference or pass through.
"Draft" -10- December 27, 1995
p) Pollutants which result in the pressure of toxic gases, vapors or fumes within the
POTW in a quantity that may cause acute worker health and safety problems.
q) Hauled Waste Water
1) Septic tank waste may be introduced into the POTW only at locations
designated by the Superintendent, and at such times as are established by the
Superintendent. Such waste shall not violate Section 2 established by the
Superintendent. Such waste shall not violate Section 2 of this ordinance or
any other requirements established by the City. The Superintendent may
require septic tank waste haulers to obtain waste water discharge permits.
2) The Superintendent shall require haulers of industrial waste to obtain
wastewater discharge permits. The Superintendent may require generators of
hauled industrial waste to obtain wastewater discharge permits. The
Superintendent also may prohibit the disposal of hauled industrial waste. The
Superintendent may require septic tank waste haulers to obtain wastewater
discharge permits.
3) Industrial waste haulers may discharge loads only at locations designated by
the Superintendent. No load may be discharged without prior consent of the
Superintendent. The Superintendent may collect samples of each hauled load
to ensure compliance with applicable standards. The Superintendent may
require the industrial waste hauler to provide a waste analysis on any load
prior to discharge.
4) Industrial waste haulers must provide a waste tracking form for every load.
This form shall include, at a minimum, the name and address of the industrial
"Draft" -11- December 27, 1995
waste hauler, permit number, truck identification, names and addresses of
sources of waste, and volume and characteristics of waste. The form shall
identify the type of industry, known or suspected waste constituents and
whether any wastes are RCRA hazardous wastes.
2_ T .imitations on Wastewater Strength
2A National Cate•oriral Pretreatment Standards
National categorical pretreatment standards as promulgated by the U.S. Environmental
protection Agency (EPA) pursuant to the Act shall be met by all Discharges of the
regulated industrial categories. An application for modification of the national categorical
pretreatment standards may be considered for submittal to the Regional Administrator by
the City, when the City's wastewater treatment system achieves consistent removal of the
pollutants as defined by 40 CFR Sect. 403.7.
2.2 State Requirements
State requirements and limitation on discharges to the POTW shall be met by all
Dischargers which are subject to such standards in any instance in which they are more
stringent than federal requirements and limitations or those in this or any other applicable
ordinance.
23 RigJht of Revision
The City reserves the right to amend this Ordinance to provide for more stringent
limitations or requirements on discharges to the POTW where deemed necessary to comply
with the objectives set forth in the preamble of this Ordinance.
"Draft" -12- December 27, 1995
2A Dilution
IP
No Discharger shall increase the use of potable or process water in any way, nor mix
separate waste streams for the purpose of diluting a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the standards set forth in this
Ordinance.
2.5 Supplementary Timitations
No Discharger shall discharge wastewater to the public sewer system which shall cause the
POTW to which the sewer system is tributary to fail to meet the NPDES discharge limits
for that POTW, or fail to meet the limits imposed by the Arkansas Water Quality
Standards (latest revision). The Van Buren Water, Sewer and Solid Waste Commission
shall adopt and impose discharge limits for any and all users of the system as required to
meet these standards. The discharge limits shall be technically based limits predicated on
the capability of the respective treatment facility to receive and to treat the wastewater
loading, or hadworks loading, and to (1) meet the required discharge standards, to (2)
prevent interference with the function and efficiency of the various treatment process, and
to (3) prevent contamination of the treatment plant waste sludges which would prevent
their ultimate disposal by landfill or land application. The Commission shall establish
limits for industrial Dischargers based on an allocation of the treatment plant capacity to
all industrial users. Headworks loadings from commercial and residential users which are
not classified as significant users shall be the difference between the technically based
allowable hadworks loading plus a factor of safety or reserve capacity to be established
by the Commission and the wasteload allocated to users classified as significant users. The
Commission shall have the authority to require the further reduction of a contaminant by
"Draft" -13- December 27, 1995
the greater contributors of that contaminant to the POTW if the headworks loading of the
contaminant exceed the capability of the POTW to meet the discharge standards.. The
industrial user shall be required to provide and maintain the necessary pretreatment devices
required to reduce the contaminant. Plans, specifications, and an operating procedures
plan prepared by a professional engineer licensed to practice in the State of Arkansas shall
be submitted to and receive the written approval of the Superintendent prior to permitting
any discharge from that facility to the POTW.
The Commission may establish local industrial discharge limits such that the maximum
allowable headworks limits for the tributary POTW shall not be exceeded. The limitations
may include, but not be limited to:
Biochemical Oxygen Demand Zinc
Total Suspended Solids Phenols
Ammonia Nitrogen Arsenic
Cadmium Selenium
Chromium GCMS Organics
Lead Beryllium
Copper Mercury
Nickel Cyanide
Silver Molybdenum
No discharger shall discharge wastewater containing any measurable trace amount above
background amounts of the following:
Antimony Pesticides
Beryllium Rhenium
"Draft" -14- December 27, 1995
Bismuth Strontium
Cobalt Tellurium
Fungicides Tin
Herbicides Uranyl Ion
1 Arridental nischar•
Each Discharger shall provide protection from accidental discharge of prohibited or
regulated materials or substances regulated by this Ordinance. Where deemed to be necessary by
the City, facilities to prevent accidental discharge or prohibited materials shall be provided and
maintained at the Discharger's cost and expense. Detailed plans prepared by a licensed
professional engineer showing facilities and operating procedures to provide this protection shall
be submitted to the Department for review, and shall be approved by the Superintendent before
construction of the facility. The plan shall also require:
(a) Description of discharge practices, including non routine batch discharge;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the Department of slug discharges including
General Discharge Prohibition, section 10.08.02.1 of this Ordinance with
procedures for follow -up written notification within (5) days;
(d) If necessary, procedures to prevent adverse impact from accidental spills.
No new discharger who proposes to discharge to the POTW after the effective date of this
Ordinance shall be permitted to introduce pollutants into the system until Accidental Discharge
Protection Procedures have been approved by the Superintendent. Review and approval of such
plans and operating procedures by the Superintendent shall not relieve the Discharger from the
responsibility to modify its facility as necessary to meet the requirements of this Ordinance.
"Draft" -15- December 27, 1995
Dischargers shall notify the Department immediately upon the occurrence of a "slugload
or accidental discharge of substances prohibited by this Ordinance. The notification shall include
location of discharge, date and time thereof, type of waste, concentration and volume, and
corrective actions. Any Discharger who discharges a slugload of prohibited materials shall be
liable for any expense, loss or damage to the POTW, in addition to the amount of any fines, civil
penalties, or other liability which may be imposed by this article or other applicable law.
Signs shall be permanently posted in conspicuous places on Discharger's premises,
advising employees whom to call in the event of a slug or accidental discharge. Employers shall
instruct all employees who may cause or discover such a discharge with respect to emergency
notification procedure. Emergency notification contacts and procedures shall be specified within
the Discharger's permit
SECTION 10 OS 03. MONITORING FEES
L Purpose
It is the purpose of this section to provide for the payment of fees from Dischargers to the
City's wastewater disposal system, to compensate the City for the cost of administration of the
pretreatment program established herein.
2_ Clings and Fees
The Commission shall adopt charges and fees which may include:
a) Fees for monitoring, inspections and surveillance
b) Fees for permit applications
c) Fees for filing appeals
d) Fees for reviewing accidental discharge procedures and construction
"Draft" -16- December 27, 1995
3_ Review of Fee Strnchire
The fee structure included in Section 10.08.03(2) shall be computed annually by the
Commission during the month of December and shall be corrected to represent the actual costs
described by Section 10.08.03(1) and such shall determine the fee structure for the following 12
month period.
SECTION 10 OR 04• PARAMETERS FOR TEE FSTART JSAMFNT
OE SEWER USE. FEES
L Purpose
Sewer services shall not be provided to any industrial or commercial user at a rate which is
less than the cost to the City for providing such service, including the installation, operation and
maintenance of facilities required to provide the service. Rates for sewer service shall be that as
provided by Ordinance.
Billing of sewer use rates for wastewater whose parameters exceed local limits established
by the Commission shall not constitute approval of such non complying discharge and shall not
preclude enforcement action by the City.
SECTION 10 OS 05. ADMTNTSTRATEON
Except as otherwise provided herein, the Superintendent shall administer, implement, and
enforce the provisions of this Ordinance. Any powers granted to, or duties imposed upon the
Superintendent may be delegated by the Superintendent to other City personnel.
L Wastewater Dischargers
It shall be unlawful to discharge sewage, industrial wastes or other wastes without
authorization by the Commission to any sewer within the jurisdiction of the City and /or to the
City's treatment work(s). Commercial and Industrial users of the public sewer system shall be
"Draft" -17- December 27, 1995
surveyed at time intervals of 3 years or less to determine the significance of the user's discharge
and whether such is to be construed to be a significant industrial discharger.
2_ Wastewater Discharge Permits
21 General Permits
All significant Industrial Dischargers connecting to or proposing to connect to or to
discharge sewage, industrial wastes and other wastes to the POTW shall obtain a
Wastewater Discharging Permit before connecting to or discharging to the POTW. The
Superintendent may deny the issuance of a permit or issue a conditional permit to any
significant industrial discharger if such discharge represents new or increased amounts of
pollutants which will cause inhibition of POTW processes, pass- through of contamination,
or contamination of sewage sludges to inhibit its normal disposal. All existing Sills
connected to or contributing to the POTW shall obtain a waste water discharge permit
within 90 days after the effective date of this ordinance. Dischargers which are
determined by the Department not to be a significant Industrial Discharger shall not be
required to obtain a permit to discharge.
2.2 Permit Application
Significant Industrial Dischargers shall complete and file with the Department, a permit
application in the form prescribed by the Superintendent, and accompanied by the
appropriate fee. Permit applications shall be signed by an Authorized Representative of
the Industrial User. Proposed new Dischargers shall apply at least 60 days prior to
connecting to the POTW. No discharge permit shall be issued unless and until the
following conditions have been met:
a) Disclosure of name, address and location of the Discharger;
"Draft" -18- December 27, 1995
b) Disclosure of Standard Industrial Classification (SIC) number;
c) Disclosure of wastewater constituents and characteristics including but not
limited to those mentioned in Section 2 of this Ordinance as determined by
an ADPC &E or USEPA approved analytical laboratory. Analyses may be
chemical and /or biological, performed in accordance with procedures
established by the U.S. EPA and contained in 40 CFR, Part 136, as
amended;
d) Disclosure of time and duration of discharges;
e) Disclosure of average daily and instantaneous peak wastewater flow rates,
in gallons per day, including known or anticipated daily, monthly and
seasonal variations, if any;
0 Disclosure of site plans, floor plans, mechanical and plumbing plans and
details to show all sewers, sewer connections, inspection manholes,
sampling chambers and appurtenances by size, location and elevation
(referenced to mean sea level or other reproducible benchmark);
g) General description of activities, facilities and plant processes on the
premises including all materials which are or may be discharged to the
sewers or treatment works of the City;
h) Disclosure of the nature and the concentration on any pollutants or
materials in the discharge which are limited by any city, state, or federal
pretreatment standards, together with a statement regarding whether or not
compliance is being achieved with this Ordinance on a consistent basis and
if not, whether additional operation and maintenance activities and /or
"Draft" -19- December 27, 1995
additional pretreatment is necessary for the Discharger to comply with this
Ordinance.
i) Where additional pretreatment and /or operation and maintenance activities
will be required to comply with this Ordinance, the Discharger shall
provide a declaration of the shortest schedule by which the Discharger will
provide such additional pretreatment and /or implementation of additional
operational and maintenance activities.
(1) The schedule shall contain milestone dates for the
commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the Discharge to comply with the requirements of this Ordinance
including, but not limited to dates relating to hiring an engineer, 1
hiring other appropriate personnel, completing preliminary plans,
completing final plans, executing and letting construction and all
other acts necessary to achieve compliance with this Ordinance.
(2) Under no circumstance shall the City permit a time
increment for any single step directed toward compliance which
exceeds 9 months.
(3) Not later than 14 days following each milestone date in the
schedule and the final date for compliance, the Discharger shall
submit a progress report to the Department, including no less than
a statement as to whether or not it complied with the increment of
progress presented by that milestone date and, if not, the date on
"Draft" -20- December 27, 1995
which it expects to comply with this increment of progress, the
reason for delays and the steps being taken by the Discharger to
return the construction to the approved schedule. In`no event shall
more than 9 months elapse between such progress reports to the
Department.
j) Disclosure of each product provided by type, amount, process or processes,
and rate of production;
k) Disclosure of the type of raw materials utilized;
1) All permit applications for new or modified permits shall be signed by an
agent of the Discharger authorized to make such applications and by a
professional engineer licensed to practice in the State of Arkansas, and all
0 renewal applications for existing permits shall be signed by an agent of the
Discharger authorized to make such Applications;
m) All sewers shall have an inspection and sampling manhole or structure with
an opening of no less than 24 inches diameter and an internal diameter of
no less than 36 inches containing flow measuring, recording and sampling
equipment as required by the Superintendent in the Discharger's permit to
assure compliance with this Ordinance.
The Superintendent will evaluate the complete application and data furnished by the
Discharger and may require additional information. Within 60 days after acceptance of
the data furnished, the Superintendent may issue a Wastewater Discharge Permit subject
to terms and conditions provided herein.
"Draft" -21- December 27; 1995
2 3 Permit Modifications
The City reserves the right to amend any Wastewater Discharge Permit issued hereunder
in order to assure compliance by the City with applicable laws and regulations. Within 9
months of the promulgation of a National Categorical Pretreatment Standard, the
Wastewater Discharge Permit of each Discharger subject to such standards shall be revised
to require compliance with such standards within the time frame prescribed by such
standards. All National Categorical Pretreatment Standards adopted after the promulgation
of this Ordinance shall he adopted by the City as part of this Ordinance Where a
Discharger, subject to a National Categorical Pretreatment Standard, has not previously
submitted an application for a Wastewater Discharge Permit as required by Section
10.08.05(2.2), the Discharger shall apply for a Wastewater Discharge Permit from the
City within 180 days after the promulgation of the Applicable National Categorical
Pretreatment Standard by the U.S. EPA. In addition, the Discharger with an existing
Wastewater Discharge Permit shall submit to the Superintendent within 180 days after the
promulgation of an applicable National Categorical Pretreatment Standard, the information
required by paragraphs (h) and (i) of Section 10.08.05(2.2). The Discharger shall be
informed of any proposed changes in his permit at least 30 days prior to the effective date
of change. Any changes or new conditions in the permit shall include a reasonable time
schedule for compliance.
2 4 Permit Conditions
Wastewater Discharge Permits shall specify no less than the following:
a) Fees and charges to be paid upon initial permit issuance;
b) Limits on the wastewater constituents and characteristics regulated thereby;
"Draft" -22- December 27, 1995
c) Limits on rate and time of discharge and /or requirements for flow
regulations and equalization;
d) Requirements for installation and maintenance of inspection and sampling
facilities;
e) Special conditions as the Superintendent may reasonably require under
particular circumstances of a given discharge including sampling locations, frequency of
sampling, number, types and standards for rest and reporting schedule;
0 Compliance schedules;
g) Requirements for submission of special technical reports or discharge
reports where same differ from those prescribed by this Ordinance.
1. 5 Permits Duration
All Wastewater Discharge Permits shall be issued for a period of three years, subject to
amendment or revocation as provided in this Ordinance. Under extraordinary
circumstances, a permit may be issued for a stated period or may be stated to expire on a
specific date. Dischargers shall be responsible for reapplying at least 90 days prior to the
expiration of their permit.
2.6 Limitations on Permit Transfer
Wastewater Discharge Permits are issued to a specific Discharger for a specific operation
and are not assignable to another Discharger without written permission of the Commission
nor are the wastewater permits transferable to another location.
11 Contents of Permit
Permit forms shall include but not be limited to the following information:
0 (a) Statement of Duration;
"Draft" -23- December 27, 1995
(b) Statement of non assignability or non transferability without prior written
permission of the Commission;
(c) Effluent limits based on applicable general pretreatment standards,
categorical pretreatment standards, local limits and State and local laws;
(d) Self monitoring, sampling, reporting, notification and record keeping
requirements, including an identification of the pollutants to be monitored, sampling
location, sampling frequency, and sample type;
(e) Statement of applicable administrative, civil and criminal penalties for
violations;
(f) Statement regarding Appeal Procedure;
(g) Statement regarding Permit Modification;
(h) Statement regarding Transfer of Permit;
(i) Statement regarding Revocation of Permit;
(j) Statement regarding Reissuance of Permit.
1 Reporting Requirements for PermitteP
11 Compliance Date Report
Within 90 days following the date for final compliance by the Discharger with applicable
Pretreatment Standards set forth in this Ordinance or 90 days following commencement
of the introduction of wastewater into the POTW by a New Discharger, any Discharger
subject to this Ordinance shall submit to the Superintendent a report indicating the nature
and concentration of all prohibited or regulated substances contained in its discharge, and
the average and maximum daily flow in gallons. The report shall state whether the
applicable Pretreatment Standards or Requirements are being met on a consistent basis and,
"Draft" -24- December 27, 1995
if not, what additional O &M and /or pretreatment is necessary to bring the Discharger into
compliance with the applicable Pretreatment Standards or Requirements. This statement
shall be signed by a duly authorized representative of the Discharger.
All industrial dischargers shall promptly notify the Superintendent in advance of
any substantial change in the volume or characters of pollutants in their discharge including
any material, which, if otherwise disposed of, would be a hazardous waste under 40 CFR
Part 261.
All industrial dischargers shall promptly notify the Superintendent immediately of
all discharges by the discharger that could cause interference or upset to the POTW,
including any slug loading.
3 7 Periodic Compliance Reports
(1) Any Discharger subject to a Pretreatment Standard set forth in this
Ordinance, after the compliance date of such Pretreatment Standard, or, in the case of a
new Discharger, after commencement of the discharge to the City's facilities shall submit
to the Superintendent, as required by the Commission, a report indicating the nature and
concentration, of prohibited or regulated substances in the effluent which are limited by
the Pretreatment Standards hereof. In addition this report shall include a record of all
measured or estimated average and maximum daily flows during the reporting period
reported in Section 10.08.05(3.1) hereof. Flows shall be reported on the basis of actual
measurement, provided however, where cost or feasibility considerations justify, the
Superintendent may accept reports of average and maximum flows estimated by verifiable
0 techniques. The Commission, for good cause when considering such factors as local high
or low flow rates, holidays, budget cycles, or other extenuating factors may authorize the
"Draft" -25- December 27, .1995
submission of said reports on dates other than those specified above. All waste water
reports must be signed by an Authorized Representative of the Industrial User and contain
the following certification statement:
I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and CO
imprisonment for knowing violations.
Self monitoring by Significant Industrial Users which indicates a violation shall
notify the Superintendent within 24 hours of being aware of the violation. The user shall
repeat the sampling or monitoring within 30 days after being aware of the violation and
shall report the results to the Department within that 30 day period.
(2) Reports of permittees shall contain all results of sampling and analysis of
the discharge, including the flow and the nature and concentration, or production and mass
where required by the Superintendent. The frequency of monitoring by the Discharger
shall be as prescribed in the applicable Pretreatment Standard of this Ordinance. All
analyses shall be performed in accordance with 40 CFR, Part 136 and amendments
thereto.
"Draft" -26- December 27, 1995
0 (Comment: Where 40 CFR, Part 136 does not include a sampling or analytical technique
for the pollutant in question, sampling and analysis shall be performed in accordance with
the procedures set forth in the EPA publication, Sampling and Analysis Procedures for
Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments
thereto, or with any other sampling and analytical procedures approved by the
Administrator or the U.S. EPA)
4_ Monitoring Facilities
Each significant Industrial Discharger shall provide and operate at the Discharger's own
expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer
discharge to the City's facilities. Each monitoring facility shall be situated on the Discharger's
premises, except where such a location would be impractical or cause undue hardship on the
Discharger, the Superintendent may concur with the facility being constructed in the public street
or sidewalk area providing that the facility is located so that it will not be obstructed by
landscaping or parked vehicles.
There shall be ample room in or near such sampling facility to allow accurate sampling and
preparation of samples for analysis. The facility, sampling and measuring equipment shall be
maintained at all times in a safe and proper operating condition at the expense of the Discharger.
All monitoring facilities shall be constructed and maintained in accordance with all
applicable local construction standards and specifications. Construction shall be completed within
120 days of receipt of permit by Discharger.
5_ Inspection and Sampling
The Superintendent may inspect the monitoring facilities of any Discharger to determine
compliance with the requirements of this Ordinance. Significant dischargers shall be inspected
"Draft" -27- December 27, 1995
and sampled at least once per year. All significant users shall be evaluated at intervals not to
exceed 24 months to determine the need for or modification of a slug control plan.. The
Discharger shall allow the Superintendent or its authorized representatives to enter upon the
premises of the Discharger at all reasonable hours, for the purposes of inspection, sampling, or
records examination. The Superintendent shall have the right to set up on the Discharger's
property such devices as are necessary to conduct sampling, inspection, compliance monitoring
and /or metering operations. The Superintendent shall have the right to an equal and identical
portion of any bonafide sample (upon demand) collected by the Discharger from waste streams
being discharged to the POTW. The Discharger shall have the right to an equal and identical
portion of any bonafide sample (upon demand) collected by the Superintendent from waste streams
being discharged to the POTW. The Superintendent shall provide written notification to the
Discharger of the results of any and all analyses made with the sample. All analyses shall be
compared to applicable pretreatment standards and discharge limits. All records and sampling
shall be made with sufficient care to provide evidence admissible in any enforcement proceedings.
Record of the details of all bonafide sampling shall be maintained in a Chain -of- Custody document
which shall indicate type of sample collection, location of sample collection, all persons involved
with the collection, conveyance, and testing of a sample, methods of sample preservation, and
testing standard utilized.
fi_ Confidential information
Information and data furnished to the City with respect to the nature and frequency of
discharge shall be available to the public or other governmental agency without restriction unless
the Discharger specifically requests at the time of submittal and is able to demonstrate to the
satisfaction of the City that the release of such information would divulge information, processes
"Draft" -28- December 27, 1995
or methods of production entitled to protection as trade secrets or proprietary information of the
Discharger. Each page containing confidential information shall be stamped with the words
"confidential business information When requested by a Discharger furnishing a report, the
portions of a report which may disclose trade secrets or secret processes shall not be made
available for inspection by the public but shall be made available upon written request to
governmental agencies for uses related to this Ordinance, the National Pollutant Discharge
Elimination System (NPDES) Permit, State Disposal System permit and /or the Pretreatment
Programs; provided, however, that such portions of a report shall be available for use by the State
or any state agency in judicial review or enforcement proceedings involving the Discharger
furnishing the report. Waste water constituents and characteristics and other "effluent data" as
defined by 40 OER 2 302 will not he rern•ni7ed as confidential information and will he available
to the public without restriction Information specifically designated as and accepted by the City
as being confidential, shall not be transmitted to any governmental agency by the City until and
unless a ten -day notification is given to the Discharger.
Z Annual Report
The Commission shall provide the Approval Authority with an annual report that briefly
describes the POTW's pretreatment program activities.
SECTION 10 OR 06' ENFORCEMENT
L Emergency Suspension of Service and I)isrhar• Permits
The Commission may, for good cause shown, suspend the wastewater treatment service
and the Wastewater Discharge Permit of a Discharger by the procedure set forth by a written
enforcement response plan adopted by the Commission when it appears to the Commission that
an actual or threatened discharge presents or threatens an imminent or substantial danger to the
"Draft" -29- December 27, 1995
health or welfare of persons, substantial danger to the environment, interfere with the operation
of the POTW, or violates any pretreatment limits imposed by this Ordinance. Any Discharger
notified of the suspension of the City's wastewater treatment service and /or the Discharger's
Wastewater Discharger Permit shall, within a reasonable period of time, as determined by the
Superintendent, cease all discharges. In the event of failure of the Discharger to comply
voluntarily with the suspension order within the specified time, the City shall take all lawful
actions necessary to suspend the access of the user to the POTW. The Commission shall reinstate
the Wastewater Discharger Permit and /or the wastewater treatment service upon proof by the
Discharger of the elimination of the non complying discharge or conditions creating the threat of
imminent or substantial danger as set forth above.
2_ Revocation of Permit
The Commission may revoke the permit, by the procedure set forth by a written
enforcement response plan adopted by the Commission, of any Discharger which fails to (a)
factually report the wastewater constituents and characteristics of its discharge; (b) report
significant changes in operations or in wastewater constituents or characteristics; (c) refuses
reasonable access to the Discharger's premises by representatives of the Commission for the
purpose of inspection or monitoring; (d) violates the conditions of its permit, or this Ordinance,
or any final judicial order entered with respect thereto; or (e) refuses to participate in the self
monitoring program as specified in the Discharger's permit as provided for by this Ordinance.
3_ Notification of Violation Administrative Adjustment
Whenever the Superintendent finds that any discharger has violated or is violating any
provision of this Ordinance, waste water discharge permit, or any prohibition or limitation of the
requirements contained herein, the Superintendent shall serve or cause to be served upon such
"Draft" -30- December 27, 1995
Discharger a notice either personally or by certified or registered mail, return receipt requested,
stating the nature of the alleged violation. If the user fails to correct a violation within 15, days
of receiving notice of the violation, the Superintendent may issue an Administrative Order for the
correction of the violation, however, the user is not relieved of the responsibility for unauthorized
discharges which occur within the 15 day interval. Within 30 days of the date of receipt of the
notice, the Discharger shall respond personally or in writing to the Superintendent advising of the
discharger's position with respect to the allegations. This response shall include an explanation
of the violation and a plan for the satisfactory correction and prevention thereof, to include
specific required actions. Submission of this plan in no way relieves the user of liability for any
violations occurring before or after receipt of the Notice of Violation. Thereafter, the parties shall
meet to ascertain the veracity of the allegations and where necessary, establish a plan for the
satisfactory correction thereof. Nothing in this section shall limit the authority of the
Superintendent to take any action, including emergency actions or any other enforcement action,
without first issuing a Notice of Violation. This section does not apply to Section 10.08.06(1)
actions.
Show Cause Hearing
Where violations of all applicable pretreatment standards are not corrected by timely
compliance, as set forth by a written enforcement response plan adopted by the Commission, the
Commission may order any Discharger which causes or allows conduct prohibited by Section
10.08.05(2) hereof, to show cause before the Commission or its duly authorized representative,
why the proposed permit revocation action should not be taken. A written notice shall be served
on the Discharger by personal service, or certified or registered mail, return receipt requested,
specifying the time and place of a hearing to be held by the Commission or its designee regarding
"Draft" -31- December 27, 1995
the violation, the reasons why the enforcement action is to be taken, and the proposed enforcement
action to be taken. The notice of the hearing shall be served no less than 15 days before the
hearing. Service may be made on any agent, officer, or authorized representative of a Discharger.
The proceedings at the hearing shall be considered by the Commission which shall enter
appropriate orders with respect to the alleged improper activities of the Discharger. Appeal of
such orders may be taken by the Discharger in accordance with applicable local or state law.
5. Consent Orders
The Superintendent may enter into Consent Orders, assurances of voluntary compliance,
or other similar documents establishing an agreement with any user responsible for non
compliance. Such documents will include specific action to be taken by the user to correct the
noncompliance within a time period specified by the document. Such documents shall have the
same force and effect as administrative orders.
fL Judici Proceedings
Following the entry of any order by the Commission with respect to the conduct of a
Discharger contrary to the provisions of this Ordinance or Federal or State pretreatment
requirements, the Attorney for the Commission or City may, following the authorization of such
action by the City, commence an action for appropriate legal and /or equitable relief.
Z Enforcement Actions Annual Publication
A list of all significant Dischargers which were the subject of enforcement proceedings
pursuant to Section 10.08.06 of this Ordinance during the twelve (12) previous months, shall be
annually published by the Commission in the local newspaper summarizing the enforcement action
taken against the Dischargers during the same twelve (12) months whose violations remained
uncorrected 45 or more days after notification of non compliance; or which have exhibited a
"Draft" -32- December 27, 1995
pattern of non compliance over that twelve month period, or which involved failure to accurately
CI
report non- compliance.
A pattern of non compliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty -six
percent (66 or more of wastewater measurements taken during a six (6) month period
exceed the daily maximum limit or average limit for the same pollutant parameter by any
amount;
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty three
percent (33 or more of wastewater measurements taken for each pollutant parameter
during a six (6) month period equals or exceeds the product of the daily maximum limit or the
average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease,
and 1.2 for all other pollutants except pH);
C. Any other discharge violation that the Superintendent believes has caused, alone or in
combination with other discharges, interference or pass through, including endangering the
health of POTW personnel or the general public;
D, Any discharge of pollutants that has caused imminent endangerment to the public or to the
environment, or has resulted in the Superintendent's exercise of its emergency authority to
halt or prevent such a discharge;
E. Failure to meet, within ninety (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;
F. Failure to provide within thirty (30) days after the due date, any required reports, including
baseline monitoring reports, reports on compliance with categorical pretreatment standard
"Draft" -33- December 27, 1995
deadline, periodic self-monitoring reports, and reports on compliance with compliance
schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s) which the Superintendent determines will adversely affect the operation
or implementation of the local pretreatment program.
13_ Ri ht of Appeal
Any Discharger or any interested party shall have the right to request in writing an
interpretation or ruling by the Commission on any matter covered by this Ordinance and shall be
entitled to a prompt written reply. In the event that such inquiry is by a Discharger and deals with
matters of performance or compliance with this Ordinance or deals with Wastewater Discharge
Permit issued pursuant hereto for which enforcement activity relating to an alleged violation is the
subject, receipt of a Discharger's request shall stay all enforcement proceedings, apart from
emergency suspension enabled by 10.08.06.1 of this Ordinance, pending receipt of the aforesaid
written reply. Appeal of any final judicial order entered pursuant to this Ordinance may be taken
in accordance with local and state law.
9_ Operating Upsets
Any Discharger which experiences an upset in operations which places the Discharger in
a temporary state of non compliance with the Ordinance or a Wastewater Discharge Permit issued
pursuant hereto shall inform the Department thereof within 24 hours of first awareness of the
commencement of the upset. Where such information is given orally, a written follow -up report
thereof shall be filed by the Discharger with the Superintendent within five days. The report shall
specify:
a) Description of the upset, the cause thereof and the upset's impact on a Discharger's
compliance status.
"Draft" -34- December 27, -1995
b) Duration of non compliance, including exact dates and times of non compliance,
and if the non compliance continues, the time by which compliance is reasonably
expected to occur.
c) All steps taken or to be taken to reduce, eliminate and prevent reoccurrence of such
an upset or other conditions of non compliance.
SECTION 10 02 07• PF.NAT.TTFS
L Civil Penalties
Any non residential discharges exceeding the local limits established by the Commission
as provided for in Section 10 02 07(2 5) of this ordinance shall be considered non complying
discharges and a separate civil penalty shall be assessed by the Commission for each parameter
that is exceeded. The amount and method of establishing said civil penalties shall be that as
0 provided by Ordinance. Payment of said civil penalties shall not be considered justification for
said excessive discharges, or compensation for any damages caused by said excessive discharges.
Further provided, that payment of said civil penalties shall not exempt the excessive discharger
from actions taken by the Commission under Section 10 02 06(1) and 10 02 06(7) of this
Ordinance.
2 Additional Civil Penalties for Recovery of Costs
Any Discharger violating any of the provisions of this Ordinance, or who discharges or
causes a discharge producing a deposit or obstruction, or causes damage to or impairs the City's
wastewater disposal system shall be liable to the City for any expense, loss or damage caused by
such violation or discharge. The City shall bill the Discharger for the costs incurred by the City
for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to
"Draft" -35- December 27, 1995
pay the assessed costs shall constitute a violation of this ordinance and that such violation and /or
assessment shall then be determined by a court of competent jurisdiction.
Admi nistrative Penalties
a) When the Superintendent finds that a user has violated any provision of this
ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Superintendent may fine such user in an amount approved by the
Commission. The schedule of administrative fines and the conditions for their assessment shall
be prepared by the Superintendent and approved by the Commission. The amount of the fine may
be escalating as approved by the Commission for continued or repeated violations. Fines shall
not exceed a maximum of $1,000 per day per offense. Administrative fines shall be included with
monthly sewer use fees.
b) Users desiring to dispute administrative fines must file a written request for the
Superintendent to reconsider the fine along with full payment of the fine amount within 10
calendar days of its billing. Where the request has merit, the Superintendent may convene a
hearing on the matter. In the event the user's appeal is successful, the payment shall be returned
to the user. The decision of the Superintendent may be appealed to the Commission at a regularly
scheduled meeting or a special meeting of the Commission convened for that specific purpose.
4 Criminal Penalties
Any person who knowingly makes any false statement, representation or certification in
any application, record, report, plan or other document filed or required to be maintained pursuant
to this Ordinance, or Wastewater Discharge Permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under this Ordinance or who shall
violate this Ordinance in any way upon being convicted of violating this Ordinance, shall, be
"Draft" -36- December 27, 1995
guilty of a misdemeanor and thereupon be fined no more $1,000 for each offense. Each day on
which a violation shall occur or continues to occur shall be deemed to be separate and distinct
offenses. In addition to the penalties herein provided, the City of Van Buren may recover
reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation as
restitution established by the court.
That Section 10.08.07 subsection 4 is hereby added to the Van Buren Municipal Code and
shall read as follows:
S T.imitations as to Criminal and/or Civil Penalties
That the City pursuant to this Ordinance and in accordance with Act 884 of 1991 and its
successor legislation, if any, shall have the authority to collect those civil and criminal penalties
as set out in Van Buren Municipal Code Section 10.08.07 in a court of competent jurisdiction such
civil and criminal penalties in an amount not to exceed $1,000 for each violation by industrial
users of pretreatment standards or requirements. For the purpose of this subsection, each day of
a continuous violation may be deemed a separate violation.
SECTION 10 OS OS• RECORDS RFTENTTON
All discharges subject to this Ordinance shall retain and preserve for not less than three (3)
years, any records, books, documents, memoranda, reports, correspondence and any and all
summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf
of a Discharger in connection with its discharge. Any Industrial User subject to the reporting
requirements of this Ordinance shall make all monitoring records available for inspection and
copying by the Superintendent. All- records which pertain to matters which are the subject of
Administrative Adjustment or any other enforcement or litigation activities brought by the City
"Draft" -37- December 27, 1995
pursuant hereto shall be retained and preserved by the Discharger until all enforcement activities
have concluded and all periods of limitation with respect to any and all appeals have expired.
SECTION 10 OR 09• SEVER ABTT
If any provision, paragraph, word, section or chapter of this Ordinance is invalidated by
any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and
chapters shall not be affected and shall continue in full force and effect.
SECTION 10 OR 10• CONFLICT
All ordinances and parts of ordinances inconsistent or conflicting with any part of this
Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 10 OR 1 1 EFFECTIVE. DATE
THAT this Ordinance being necessary for the preservation of the public peace, health and
safety, an emergency is declared and this Ordinance shall be and take effect and be in full force
after its passage, approval and publication.
SECTION 10 OR 17• REPEAT,
This Ordinance specifically repeals previous Ordinance Numbers 36 -1981 and 19 -1981
which are revised under the Van Buren Municipal Code Chapter 10.08. This Ordinance
specifically repeals Van Buren Municipal Code Chapter 10.08, with the exception of 10.08.14
through 10.08.19 which is embodied in Ordinance No. 3 -1991, and with the exception of
10.16.01 through 10.16.04, which is embodied in Ordinance No. 7 -1992.
"Draft" -38- December 27, 1995
SFCTION 10 OR 13. FMFRCGFNCY
It is ascertained and declared that there is an immediate need in order to protect the
pretreated waste entering the City's sewer system in order to protect the health, lives and property
of the inhabitants of the City of Van Buren, Arkansas, therefore, an emergency is found to exist
and that this Ordinance is necessary for the preservation of public peace, health and safety, same
shall take effect and be in force without delay, and same shall be enforced immediately.
PASSED AND APPROVED this �-T day of N... 1997.
M4'OR�
ATTEST:
City Clerk
0
"Draft" -39- December 27, 1995