10 UTILITIES (2) TITLE 10 5-37
WATER AND SEWER
Chapters:
10.04 Water and Sewer Commission
10.08 Sewer Regulations
10:12 Water and Sewer Rates
10.16 Water and Sewer Taps
1.0.20 Conservation and Rationing
10.24 Cross Connection
10.28 Utility Assistance Program
10.30 Identity Theft Prevention Program
CHAPTER 10.04
WATER AND SEWER COMMISSION
Sections:
10.04.01 Created
10.04.02 Powers
10.04.03 Membership
10.04.01 Created That there is created within said city a Waterworks and Sewer
Commission under and by the authority of Section 19-4260, 19-4261 and 19-4262, 1963
Cumulative Pocket supplement to volume 2B Arkansas Statutes 1956 Replacement. (Ord. No.
65-9, Sec. 1.)
10.04.02 Powers That the Waterworks and Sewer Commission so created shall retain all
powers now granted to the Waterworks Commission of said city and in addition thereto shall
have all powers granted to sewer committees under Section 41-2 and 19-4103, Arkansas Statutes
1947, 1956 Replacement, and all powers granted to sanitary boards by Section 19-4115,
Arkansas Statutes 1947, 1956 Replacement, except however, the presently existing sewer
committee,known as the Board of Directors of Municipal Improvements, and which was created
by the provisions of Section 13, Ordinance No. 4-1963, shall continue to oversee and direct all
work to be done and paid for by the proceeds of the bonds and grants and handle all proceeds
from the sale of bonds and oversee the contracts for the water and sewer work under the bond
issue and grants referred to in said ordinance and at which time the duties of said committee, or
Board of Directors of Municipal Improvements shall cease and said committee or Board shall not
be responsible for the operation and maintenance of said system and the Waterworks and Sewer
Commission herein and hereby created shall be responsible for the operation, maintenance,
improvement, equipment and custody thereof from the effective date hereof. (Ord.No. 65-9,
Sec. 2.)
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10.04.03 Membership The presently existing Waterworks Commission consisting of the
present three (3)members shall continue in office for their present terms and two (2) additional
members will be duly elected by a majority vote of the City Council for terms of four(4)years
each; provided that thereafter and upon expiration of their respective terms,their successors shall
be appointed by the remaining commissioners, subject to approval of the City Council as
presently provided by law for succession of the presently existing Waterworks Commission.
(Ord.No. 65-9, Sec. 3.)
CHAPTER 10.08
SEWER REGULATIONS
Sections:
10.08.01 Definitions
10.08.02 Regulations
10.08.03 Monitoring fees
10.08.04 Parameters for the establishment of sewer use fees
10.08.05 Administration
10.08.06 Enforcement
10.08.07 Penalties
10.08.08 Records retention
10.08.09 Application of definitions
10.08.10 Purpose
10.08.11 Administrative penalties
10.08.12 Surcharges
10.08.13 Samples
10.08.14 Waiver
10.08.01 Definitions The following abbreviations shall have the designated meanings.
ADEQ—Arkansas Department of Environmental Quality
AO-Administrative Order
BOD Biochemical Oxygen Demand
BMP—Best Management Practice
BMR—Baseline Monitoring Report
CFR -Code of Federal Regulations
CIU—Categorical Industrial User
COD- Chemical Oxygen Demand
CBOD—Carbonaceous Biochemical Oxygen Demand
EPA —Environmental Protection Agency
gpd- Gallons per day
I-Liter
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mg/1-Milligrams per liter S-21
NPDES-National Pollutant Discharge Elimination System
NSCIU—Non-significant Categorical Industrial User
O &M- Operation&Maintenance
POTW-Publicly Owned Treatment Works
RCRA -Resource Conservation and Recovery Act
SIC- Standard Industrial Classifications
SIU—Significant Industrial User
SNC—Significant Non-compliance
SWDA - Solid Waste Disposal Act(42 U.S.C. 6901, et seq)
TSS-Total Suspended Solids U.S.C. -United States Code
U.S.C. —United States Code
USEPA -United States Environmental Protection Agency
Act The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. 1251 et seq.
Administrative order Enforcement document issued by the Director which directs
industrial user(s)to undertake or cease specified activities.
Approval authority Director of the Arkansas Department of Environmental Quality
(ADEQ).
Authorized representative or duly authorized representative of the user
A. If the industrial user is a corporation:
1. The president, secretary,treasurer, or a vice-president of the corporation in
charge of a principal business function, or any other person who performs
similar policy or decision-malting functions for the corporation; or
2. The manager of one or more manufacturing,production, or
operation facilities,provided the manager is authorized to make
management decision which govern the operation of the regulated facility
including having the explicit or implicit duty of making major capital
investment recommendations, and initiate and direct other comprehensive
measures to assure long-term environmental compliance with
environmental laws, and regulations; can ensure that the necessary
systems are established or actions taken to gather complete and accurate
information for control mechanism requirements; and where authority to
sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
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B. If the industrial user is a partnership, or sole proprietorship; a general partner or
proprietor,respectively;
C. If the industrial user is a federal, state or local government facility; a director or
highest official appointed or designated to oversee the operation and performance
of the activities of the government facility, or their designee;
D. The individuals described in paragraphs A-C above may designate another
authorized representative if the authorization is in writing,the 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.
Best Management Practice Best Management Practices or BMPs means schedules of
activities,prohibitions of practices,maintenance procedures, and other management practices to
implement the prohibitions listed in 10.08.02.1(1.1) [40 CFR 403.5(a)(1) and(b)]. BMPs also
include treatment requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BOD5 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 liter).
CBOD5 Carbonaceous Biochemical Oxygen Demand means the quantity of oxygen
utilized in the biochemical oxidation of organic matter,with the addition of nitrification
inhibitor,under standard laboratory procedures in five (5) days at 200 C,usually expressed as a
concentration(milligrams per liter).
Categorical Pretreatment Standard or Categorical Standard Any regulation
containing pollutant discharge limits promulgated by the U.S.EPA in accordance with Sections
307(b) and(c) of the ACT(33 U.S.C. 1317)which apply to a specific category of industrial users
and which appear in 40 CFR Chapter I, Subchapter N,Parts 405-471.
Categorical Industrial User An industrial user subject to a Categorical Pretreatment
Standard or Categorical Standard.
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.
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{� Consent order An agreement between the Commission and an industrial user
1 containing:
A. Compliance schedule(s)
B. Stipulated fines or remedial actions; and
C. Signatures of the Commission and industry representatives.
Cooling water The water discharged from any use such as air conditioning, cooling or
refrigeration during which the only pollutant added to the water is heat.
Commission The Van Buren Municipal Utilities Commission which shall be the
administrative representative of the city relative to this ordinance.
Composite sample The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on increment of either flow or time.
Control authority The city.
Conventional Such pollutants as BOD5 suspended solids,pH,fecal coliform bacteria,
and 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.
Department means the Van Buren Municipal Utilities.
Director The director of the Van Buren Municipal Utilities, or authorized representative,
operating under the immediate direction of the Van Buren Municipal Utilities Commission.
Environmental Protection Agency The U.S.Environmental Protection Agency of
EPA.
Existing source Any source of discharge that is not a"new source."
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 over a period of time not to exceed fifteen(15)
minutes.
Indirect discharge The introduction of pollutants into the POTW from any non-
domestic source.
Industrial user or user A source of indirect discharge.
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Interference A discharge which alone or in conjunction with a discharge or discharges
from other sources: inhibits or disrupts the POTW,its treatment processes or operations or its
sludge processes,use or disposal; and 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 H 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 effluent limitations developed for industrial users by the Director to
specifically protect the Publicly Owned Treatment Works (POTW)from interference and pass
through based on site-specific design and disposal limits and conditions of the POTW. Local
limits are developed to assure that IU discharges to POTWs do not cause the POTW to violate its
permit limits,upset the POTW's biological, chemical or physical treatment processes,prevent
the disposal of biosolids (sludge), impact worker health and safety or harm the collection system-
infrastructure.
May is permissive or discretionary.
Medical wastes Isolation wastes,infectious agents,human blood and blood byproducts,
pathological wastes, sharps,body parts, contaminated bedding, surgical wastes,potentially
contaminated laboratory wastes, dialysis wastes and any pharmaceutical medications,
prescription or"over the counter,"used or expired.
NPDES National Pollutant Discharge Elimination System permits program as
administered by the U.S. EPA or the ADEQ.
National Pretreatment Standard,Pretreatment Standard, or Standard Any
regulation containing pollutant discharge limits promulgated by the United States Environmental
Protection Agency(USEPA)in accordance with section 307(b) &(c) of the Act,which applies
to Industrial Users. This term includes prohibitive discharge limits established pursuant to 403.5.
New source
A. 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:
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1. The building,structure, facility or installation is constructed
at a site at which no other source is located; or
2. The building, structure,facility or installation totally replaces the process
or production equipment that causes the discharge of pollutants at an
existing source; or
3. The production or wastewater generation 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.
B. 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.
C. Construction of a new source as defined under this paragraph has commenced if
the owner or operator has:
1. 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
2. Entered into a binding contractual obligation for the purchase of facilities
or equipment which are intended to be 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.
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Other waste Decayed wood, sawdust, shavings,bark,lime,refuse, ashes, garbage, offal, j
oil,tar, chemicals and all other substances except sewage and industrial wastes.
Pass through A discharge which exits the POTW into waters of the state 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 including an increase in
the magnitude or duration of a violation.
pH A measure of the acidity or alkalinity of a solution, expressed in standard units.
Pollutant Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge,munitions,medical wastes, chemical wastes,industrial wastes,
biological materials,radioactive materials,heat,wrecked or discharged equipment,rock, sand,
cellar dirt,municipal, agricultural and industrial wastes, and certain characteristics of the
wastewater [e.g.,pH, temperature, TSS,turbidity, color,BOD5, COD,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 prior to or in lieu of o
introducing such pollutants into the 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 requirements Any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
Pretreatment standards or standards Pretreatment standards shall mean prohibited
discharge standards, categorical pretreatment standards, and local limits.
Prohibited discharges Absolute prohibitions against the discharge of certain substances;
these prohibitions appear in Section 10.08.02(l.) 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.
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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 Industrial Discharger
A. All industrial users subject to Categorical Pretreatment Standards under 40 CFR
Chapter I, Subchapter N;
B. A user that
1. 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);
2. Contributes a process wastestream which makes up 5 percent or more of
the average dry weather hydraulic or organic capacity of the POTW
treatment plant;
3. Is designated as such by the city on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating any
Opretreatment standard or requirement.
4. The city may determine that an industrial user subject to categorical
pretreatment standards is a non-significant categorical user rather than a
significant industrial user on a finding the industrial user never discharges
more than 100 gallons per day(gpd) of total categorical wastewater
(excluding sanitary,non-contact cooling and boiler blow down
wastewater,unless specifically included in the pretreatment standard and
the following conditions are met:
a. The industrial user,prior to city's fording,has consistently
complied with all applicable categorical pretreatment standards
and requirements;
b. The industrial user annually submits the certification statement
required in 40 CFR 403.12(q),together with any additional
information necessary to support the certification statement; and
C. The industrial user never discharges any untreated concentrated
wastewater.
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5. Upon finding that a user meeting the criteria in subsection(2) of this part
has no reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement,the city 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 CFR 403.8(f)(6), determine
that such 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. A slug discharge is
any discharge of a non-routine, episodic nature, including but not limited to, an accidental spill
or a non-customary batch discharge,which has reasonable potential to cause interference or pass
through, or in any other way violate the POTW's regulations,local limits or permit conditions.
Total suspended solids The total suspended matter that floats on the surface of, or is
suspended in water,wastewater or other liquid which is removable by laboratory filtering.
Priority pollutants One of 126 pollutants, or combination of those pollutants, listed as
toxic in regulations promulgated by the USEPA in 40 CFR Part 423.
Treatment plant effluent Any discharge of pollutants from the POTW into waters of
the state.
Upset An exceptional incident in which a user 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 user, 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. (Ord.No. 2009-26, Sec. 1.)
10.08.02 Regulations
General prohibitions No user shall introduce or cause to be introduced into the POTW
any pollutant or wastewater which causes pass through or interference. These general
prohibitions apply to all users of the POTW whether or not they are subject to categorical
pretreatment standards or any other national, state, or local pretreatment standards or
requirements. (See. 1.1)
Specific prohibitions No user shall introduce or cause to be introduced into the POTW
the following pollutants, substances, or wastewater:
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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 1400 F (600
C)using the test methods specified in 40 CFR 261.21., or be injurious in any other
way to the operation of the POTW.
B. Solid or viscous substances which will or may cause obstruction to the flow in a
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 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.
F. 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.
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' C (104'F).
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I 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.
L. Any wastewater containing any radioactive wastes or isotopes of such half-life or
concentration as to exceed limits established by the Commission or Director 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 00 C (320 F) and 65 degrees C (1500 F).
O. Petroleum oil,non-biodegradable cutting oil, or products of mineral oil origin in
amounts that will cause interference or pass through.
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 Director, and at such times as are established by the
Director. Such waste shall not violate 10.08.02 established by the Director.
2. The Director shall require haulers of industrial waste to obtain
wastewater discharge permits. The Director may require generators of
hauled industrial waste to obtain wastewater discharge permits. The
Director also may prohibit the disposal of hauled industrial waste. The
Director may require septic tank waste haulers to obtain wastewater
discharge permits.
3. Industrial waste haulers may discharge loads only at locations designated
by the Director.No load may be discharged without prior consent of the
Director. The Director may collect samples of each hauled load to ensure
compliance with applicable standards. The Director may require the
industrial waste hauler to provide a waste analysis on any load prior to
discharge.
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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 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.
(1.2)
Limitations on Wastewater Strength
A. National Categorical 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 approval authority
by the City,when the City's wastewater treatment system achieves consistent
removal of the pollutants as defined by 40 CFR Sect. 403.7. (Sec. 2.1)
B. State requirements State requirements and limitation on discharges to the POTW
shall be met by all users 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. (Sec. 2.1)
C. Right 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. (Sec. 2.3)
D. Dilution No user 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. (Sec. 2.4)
E. Supplementary limitations (local limits) To protect against pass through and
interference,no industrial user may discharge or cause to be discharged into the
POTW any wastewater pollutant concentration exceeding the Technically Based
Local Limits (TBLLS) developed from time to time by the Director as required by
the respective POTW NPDES permit, as authorized by 40 CFR 403.5(c), and
approved by the approval authority. Technically Based Local Limits (TBLLS)
based on calculated maximum allowable industrial loadings are located in the
city's pretreatment program, section titled"Allowable Loadings." At the
discretion of the Director,TBLLs may be imposed and shall apply at-the
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"monitoring point" described in the individual industrial wastewater discharge
permits. All concentration limits for metals shall be in terms of"total"metals
unless otherwise indicated. At the discretion of the Director,mass limitations
may be imposed in addition to or in place of concentration based TBLLs. The
Director may also develop BMPs in individual wastewater discharge permits,to
implement specific pollutant limitations. Such BMPs shall be considered local
limits and pretreatment standards. When new local limits are implemented or
revised,the Director will provide individual notice to parties who have requested
such notice and an opportunity to respond,'as set forth by 40 CFR 403.5(c) (3).
This requirement of notice also applies when local limits are set on a case-by-case
basis. (Sec.2.5)
F. Wastewater operator licensing All facilities with wastewater treatment facilities:
Wastewater operators licensed by the state of Arkansas Department of
Environmental Quality (ADEQ) shall be employed for the sole purpose of
ensuring effluent quality discharged to the city's municipal sewer system. The
degree of licensure required shall be determined by the Director,under the
direction of the Commission,based upon the type of facility and the amount of
wastewater being discharged into the system. (Sec. 2.6)
G. Accidental discharges Each user shall provide protection from accidental
discharge of prohibited or regulated materials or substances regulated by this
ordinance. Where deemed to be necessary by the department,facilities to prevent
accidental discharge or prohibited materials shall be provided and maintained at
the user's own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the department for
review, and shall be approved by the Director before construction of the facility.
The plan shall also require:
1. Description of discharge practices, including non-routine batch discharge;
2. Description of stored chemicals;
3. Procedures for immediately notifying the department of slug discharges
including general discharge prohibitions, 10.08.02(1)(1.1) of this
ordinance with procedures for follow-up written notification within five
(5) days.
4. Procedures to prevent adverse impact from any accidental spills or slug
discharge. Such procedures include,but are not limited to, inspection and
maintenance of storage areas, handling and transfer of materials,loading
and unloading operations, control of plant site runoff,worker training,
building of containment structures or equipment,measures for containing
toxic organic pollutants, including solvents, and/or measures and
equipment for emergency response.
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No new user who proposes to discharge to the POTW after the effective date of this
ordnance shall be permitted to introduce pollutants into the system until accidental discharge
protection procedures have been approved by the Director. Review and approval of such plans
and operating procedures by the Director shall not relieve the user from the responsibility to
modify its facility as necessary to meet the requirements of this ordinance.
Users shall notify the department immediately upon the occurrence of a"slug load," or
accidental discharge of substances prohibited by this ordinance. This notification shall include
location of discharge, date and time thereof,type of waste, concentration and volume, and
corrective actions. Any user who discharges a slug load 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.
Significant industrial users are required to notify the Director immediately of any changes
at its facility affecting the potential for a slug discharge.
Signs shall be permanently posted in conspicuous places on user'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 user's permit. (Ord.No. 2009-26, Sec. 2.)
10.08.03 Monitoring fees
Purpose It is the purpose of this section to provide for the payment of fees from users to
the City's wastewater disposal system,to compensate the department for the cost of
administration of the pretreatment program established herein. (Sec. 1)
Charges and Fees The Commission shall adopt charges and fees which may include:
A. Fees for monitoring, inspections and surveillance
B. Fees for permit applications
1. Industrial user permit
2. IU renewal permit application
3. Categorical Industrial Permit
4. CIU renewal permit
C. Fees for filing appeals
D. Fees for reviewing accidental-discharge procedures and construction
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Review of Fee Structure 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. (Ord.No. 2009-26, Sec. 3.)
10.08.04 Parameters for the establishment of sewer use fees
Purpose Sewer services shall not be provided to any industrial user at a rate which is
less than the cost to the department 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 Director shall not constitute approval of such non-complying discharge and shall not
preclude enforcement action by the department. (Ord.No. 2009-26, Sec. 4.)
10.08.05 Administration Except as otherwise provided herein,the Director shall
administer, implement, and enforce the provisions of this ordinance.Any powers granted to, or
duties imposed upon the Director may be delegated by the Director to other department
personnel.
Wastewater Discharge It shall be unlawful to discharge sewage, industrial wastes or O
other wastes without authorization by the Director to any sewer within the jurisdiction of the city
and/or to the city's treatment work(s). Industrial users of the public sewer system shall be
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. (Sec. 1.)
Individual Wastewater Discharge Permits
General and individual wastewater discharge permit requirement All significant
industrial users connecting to or proposing to connect to the POTW shall obtain a Wastewater
Discharging Permit before connecting to or discharging to the POTW. The Director may deny
the issuance of a permit or issue a conditional permit to any significant industrial user 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.Users determined by the Department not to be a significant Industrial User
shall not be required to obtain a permit to discharge. (Sec. 2.1)
Permit application Significant industrial users shall complete and file with the
department, a permit application in the form prescribed by the Director, and accompanied by the
appropriate fee. Permit applications shall be signed by an authorized representative of the
industrial user. Proposed new users 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:
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A. Disclosure of name,mailing address and physical location of the user;
B. Disclosure of Standard Industrial Classification(SIC)number;
C. Disclosure of wastewater constituents and characteristics.Analyses may be
chemical and/or biological,perforined 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;
F. 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 bench mark);
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.
I. `Disclosure of each product provided by type, amount,process or processes, and
rate of production;
J. Disclosure of the type of raw materials utilized;
K. All permit applications for new or modified permits shall be signed by an
agent of the user authorized to make such applications and by a
professional engineer licensed to practice in the state of Arkansas, and all
renewal applications for existing permits shall be signed by an agent of the user
authorized to make such applications;
L. 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 Director in the'discharger's permit to assure compliance with this
ordinance.
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The Director will evaluate the complete application and data furnished by the user and may
require additional information. Within 60 days after acceptance of the data furnished,the
Director may issue a Wastewater Discharge Permit subject to terms and conditions provided
herein. (Sec. 2.2)
Permit modifications The department reserves the fight to amend any Wastewater
Discharge Permit issued hereunder in order to assure compliance by the department with
applicable laws and regulations. Within 9 months of the promulgation of a National Categorical
Pretreatment Standard,the Wastewater Discharge Permit of each user 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 Standard adopted after the promulgation
of this ordinance shall be adopted by the City as part of this ordinance. Where a user, 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 user shall apply for a
Wastewater Discharge Permit from the department within 180 days after the promulgation of the
Applicable National Categorical Pretreatment Standard by the U.S.EPA. In addition,the user
with an existing Wastewater Discharge Permit shall submit to the Director within 180 days after
the promulgation of an applicable National Categorical Pretreatment Standard,the information
required by paragraphs (IT) and(I) of Section 10.08.05(2.2). The user 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.
(Sec. 2.3)
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;
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
E. Special conditions as the Director 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;
F. Compliance schedules;
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G. Requirements for submission of special technical reports or discharge reports
where same differ from those prescribed by this ordinance. (Sec. 2.4)
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. Users shall be responsible for reapplying at least 90 days prior to the expiration of their
permit. (Sec. 2.5)
Limitations on permit transfer Wastewater Discharge Permits are issued to a specific
user for a specific operation and are not assignable to another user without written permission of
the Director nor are the wastewater permits transferable to another location. (Sec. 2.6)
Contents of permit Permit forms shall include but not be limited to the following
information:
A. Statement of duration;
B. Statement of non-assignability or non-transferability without prior written
permission of the Commission;
C. Effluent limits,including Best Management Practices,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 revocation of permit;
I. Statement regarding reissuance of permit.
I Requirement to control slug discharge, if determined by the Director to be
necessary. (See. 2.7)
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General permits
A. At the discretion of the Director,the Director may user general permits to control
SIU discharges to the POTW if the following conditions are met. All facilities to
be covered by a general permit must:
1. Involve the same or substantially similar types of operations;
2. Discharge the same types of wastes;
3. Require the same effluent limitations;
4. Require the same or similar monitoring; and
5. In the opinion of the Director, are more appropriately controlled under a
general permit than under individual control mechanisms.
B. To be covered by the general permit,the SILT must file a written request for
coverage that identifies its contact information,production processes,the types of
wastes generated,the location for monitoring all wastes covered by the general
permit, any requests in accordance with Section 3.2 for a monitoring waiver for a
pollutant neither present nor expected to be present in the discharge, and any other
information the POTW deem appropriate. A monitoring waiver for a pollutant
neither present nor expected to be present in the discharge is not effective in the
general permit until after the Director has provided written notice to the SILT that
such a waiver-request has been granted in accordance with Section 3.2.
C. The Director must retain a copy of the general permit, documentation to support
the POTW's determination that a specific SIU meets the criteria in
10.08.05(2.8)A(1)to (5); (40 CFR 403.8(f)(1)(iii)(A)(1) and applicable state
regulations, and copy of the user's written request for coverage for 3 years after
the expiration of the general control mechanism.
D.• The Director may not control an SIU through a general permit where the facility
is subject to production-based categorical pretreatment standards or categorical
pretreatment standards expressed as mass of pollutant discharged per day or for
Ns whose limits are based on the combined waste stream formula(Section 2.2C
(40 CFR 403.6(e)) or net/gross calculations (Section 2.2D (40 CFE 403.15)).
(Sec. 2.8)
Reporting requirements
Baseline monitoring report
A. Within either one hundred eighty(180) days after the effective date of a
categorical pretreatment standard, or the final administrative decision on a
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category determination under 40 CFR 402.6(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
paragraph B below. At least ninety(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 paragraph(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. Users described above shall submit the information set forth below:
1. All information required in 10.08.05 (2.2) (ref. 40 CFR 403.12(b)(1)—(7)
2. Measurement of pollutants
a. The user shall provide the information required in 10.08.05(3.2)
(B)•
b. The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of
this paragraph.
C. Samples should be taken immediately downstream from
pretreatment facilities is such exist or immediately downstream
from the regulated process if no pretreatment exists. If other
wastewaters are mixed with the regulated wastewater prior to
pretreatment the user should measure the flows and concentrations
necessary to allow use of the combined waste stream formula of
403.6(e) in order to evaluate compliance with the pretreatment
standards. Where an alternate concentration or mass limit has been
calculated in accordance with 403.6(e)this adjusted limits along
with supporting data shall be submitted to the Control Authority;
d. Sampling and analysis shall be performed in accordance with
10.08.05(5).
e. The Director 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;
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f. 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.
3. Compliance certification A statement reviewed by the user's authorized
representative as defined in 10.08.01 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.
4. Compliance schedule If additional pretreatment 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 must meet the
requirements set out in Sec. 3.2 of this ordinance.
5. Signature and report certification All baseline monitoring reports must be
certified in accordance with 10.08.03.2(1) of this ordinance and signed by
an authorized representative as defined by 10.08.05(3.0)(B)(5). (Sec. 3.0)
Compliance report Within 90 days following the date for fmal compliance by the user
with applicable pretreatment standards or 90 days following commencement of the introduction
of wastewater into the POTW by a New Source, any user subject to pretreatment standards or
requirements shall submit to the Director 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 as described in 40 CFR 403.12(d). The report shall state whether the
applicable pretreatment standards or requirements are being made a consistent basis and, if not,
what additional O&M and/or pretreatment is necessary to bring the user into compliance with the
applicable pretreatment standards or requirements. This statement shall be signed by a duly
authorized representative of the user.
Periodic compliance reports
A. All SIUs 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 user, after
commencement of the discharge to the city's facilities shall submit to the Director,
a report indicating the nature and concentration, of prohibited or regulated
substances in the effluent which are limited by the pretreatment standards hereof.
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In addition this report shall include a record of all measured or estimated average
and maximum daily flows during the reporting period reported in 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 Director may accept
reports of average and maximum flows estimated by verifiable techniques. The
Director,for good cause when considering such factors as local high or low flow
rates,holidays,budget cycles, or other extenuating factors may authorize the
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 imprisonment for knowing violations."
Self monitoring by significant industrial users which indicates a violation
shall notify the Director 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. Re-sampling by the industrial user is not
required if the department performs sampling at the user's facility at least
once a month, or if the department performs sampling at the user between
the time when the initial sampling was conducted and the time when the
user of the department receives the results of this sampling, or if the
department has performed the sampling and the analysis in lieu of the
industrial user.
B. Reports of users 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 Director.The frequency of monitoring by the user 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, and sampling requirements shall comply with 40 CFR
403.12(g)(3) & (4). If a user subject to the reporting requirement in this section
monitors any regulated pollutant at the appropriate sampling location more
frequently than required by the Director,using the procedures prescribed in this
section,the results of this monitoring shall be included in the report.
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(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 sampling and analytical procedures
approved by the approval authority or the U.S.EPA.)
Note: All SIUs are required to submit periodic compliance reports.
1. Except as specified in 10.08.05(3.2) all significant industrial users must
submit no less than twice per year(June and December, or on dates
specified,)reports indicating the nature, concentration of pollutants in the
discharge which are limited by pretreatment standards and the measured or
estimated average and maximum daily flows for the reporting period. In
cases where the pretreatment standard requires compliance with a Best
Management Practice(BMP) or pollution prevention alternative,the user
must submit documentation required by the Director or the pretreatment
standard necessary to determine the compliance status of the user.
2. Annual certification by non-significant categorical industrial users. A
facility determined to be a non-significant categorical industrial user
pursuant to 40 CFR 403.3(v)(2)must annually submit the following
certification statement, signed in accordance with the signature
requirements in paragraph(1) of this section. This certification must O
accompany any alternative report required by the control authority.
Based on my inquiry of the persons directly responsible for managing compliance
with the categorical pretreatment standards under 40 CFR, I, ,
certify that,to the best of my knowledge and belief that during the period from
to (month, day,year): a) The facility described as
(facility name)met the definition of a non-significant categorical industrial user
as described in 40 CFR 403.3 (v)(2); b)The facility complied with all applicable
pretreatment standards and requirements during this reporting period; and c)The
facility never discharged more than 100 gallons of total categorical wastewater on
any given day during this reporting period. This compliance is based on the
following information:
C. The Director may authorize an industrial user subject to a categorical pretreatment
standard to forego sampling of a pollutant regulated by a categorical.
Pretreatment standard if the industrial user has demonstrated through sampling
and other technical factors that the pollutant is neither present nor expected to be
present in the discharge, or is present only at background levels from intake water
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and without any increase in the pollutant due to activities of the industrial user.
(se 40 CFR 403.12(e)(2) This authorization is subject to the following conditions:
1. The waiver may be authorized where a pollutant is determined to be
present solely due to sanitary wastewater discharged from the facility
provided that the sanitary wastewater is not regulated by an applicable
categorical standard and otherwise includes no process wastewater.
2. The monitoring waiver is valid only for the duration of the effective period
of the permit(or other equivalent individual control mechanism),but in no
case longer than three years. The user must submit a new request for the
waiver before the waiver can be granted for each subsequent control
mechanism. See 10.08.05 (2.4)(g).
3. In making a demonstration that a pollutant is not present,the industrial
user must provide data from at least one sampling of the facility's process
wastewater prior to any treatment present at the facility that is
representative of all wastewater form all processes.
4. The request for a monitoring waiver must be signed in accordance with
10.08.01 (Definitions), and include the certification statement in 10.08.05
(3.2)(A) and(40 CFR 403.6(a)(2)(ii).
5. Non-detectable sample results may only be used as a demonstration that a
pollutant is not present if the EPA approved method from 40 CFR Part
136 with the lowest minimum detection level for that pollutant was used in
the analysis.
6. Any grant of the monitoring waiver by the Director must be included as a
condition in the user's permit(or other control mechanism). The reasons
supporting the waiver and any information submitted by the user in its
request for the waiver must be maintained by the Director for three years
after expiration of the waiver.
7. Upon approval of the monitoring waiver and revision of the user's permit
by the Director,the industrial user must certify on each report with the
statement in 10.08.05(3.2)(D)below,that there has been no increase in the
pollutant in its waste stream due to activities of the industrial user.
8. In the event that a waived pollutant is found to be present or is expected to
be present based on changes that occur in the user's operations,the user
must immediately: Comply with the monitoring requirements of
10.08.05(3.2) or other more frequent monitoring requirements imposed by
the Director, and notify the Director.
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9. This provision does not supercede certification processes and requirements
established in categorical pretreatment standards, except as otherwise
specified in the categorical pretreatment standard.
D. Certification of pollutants not present users that have an approved monitoring
waiver based on 10.08.05(3.2)(C)(7)must certify on each report with the
following statement that there has been no increase in the pollutant in its waste
stream due to activities of the user(see 403/12(e)(2)(v).
Based on my inquiry of the person or persons directly responsible for managing
compliance with the pretreatment standard for 40 CFR (specify applicable
nation pretreatment standard parts),I certify that,to the best of my knowledge and
belief,there has been no increase in the level of (list pollutant(s))in the
wastewaters due to the activities at the facility since filing of the last periodic
report. (See. 3.2)
4
Reports of changed conditions Each user must notify the Director in advance of any
significant changes to the user's operations or system which might alter the nature, quality, or
volume of its wastewater at least ten days before the change.
A. The Director may require the user to submit such information as may be deemed O
necessary to evaluate the changed condition, including the submission of a
wastewater discharge permit application under 10.08.05 (2.2) of this ordinance.
B. The Director may issue an individual wastewater discharge permit under 10.08.05
(2.1) of this ordinance or modify an existing wastewater discharge permit under
10.08.05(2.3) of this ordinance in response to changed conditions or anticipated
changed conditions.
All industrial users shall promptly notify the Director in advance of any pollutants in their
discharge which, if otherwise disposed of,would be a hazardous waste under 40 CFR,Part 261.
All industrial users shall promptly notify the Director immediately of all discharges by the user
that could cause interference or upset to the POTW, including any slug loading. (Sec. 3.)
Monitoring Facilities Each significant industrial user shall provide and operate at the
user'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
user's premises, except where such a location would be impractical or cause undue hardship on
the user,the Director 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.
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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 user.
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 user.
Inspection and Sampling The Director may inspect the monitoring facilities of any user
to determine compliance with the requirements of this ordinance. Significant users shall be
inspected and sampled at least once per year. The user shall allow the Director or its authorized
representatives to enter upon the premises of the user at all reasonable hours,for the purposes of
inspection, sampling, or records examination. The Director shall have the right to set up on the
user's property such devices as are necessary to conduct sampling,inspection, compliance
monitoring and/or metering operations. The Director shall have the right to an equal and
identical portion of any bona fide sample(upon demand) collected by the user from waste
streams being discharged ed to the POTW. The user shall have the right to an equal and identical
g
portion of any bona fide sample (upon demand) collected by the Director from waste streams
being discharged to the POTW. The Director shall provide written notification to the user 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 bona fide 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.
All wastewater samples must 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
facility in good working order shall not be-grounds for the user to claim that sample results are
unrepresentative of its discharge.
Samples collected to satisfy reporting requirements must be based on data obtained
through appropriate sampling and analysis performed during the period covered by the report,
based on data that is representative of conditions occurring during the reporting period. The
Director shall require that frequency of monitoring necessary to assess and assure compliance by
the user with applicable pretreatment standards and requirements.
A. Except as indicated in Section(B) and(C)below,the user must collect
wastewater samples using 24 hour flow-proportional composite sampling
techniques,unless time-proportional composite sampling or grab sampling is
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authorized by the Director. All samples must be representative of the discharge.
Using protocols (including appropriate preservation) specified in 40 CFR 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 Director as appropriate. In addition, grab samples may be required
to show compliance with instantaneous discharge limits. (see 40 CFR
403.12(g)(3).
B. Samples for oil and grease,temperature,pH, cyanide,total phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and 90 day compliance
reports required in 10.08.05(3) (403.12(b) and(d), a minimum of four(4) 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
Director may authorize a lower minimum. For the reports required by
10.08.05(3.2) (403.12(e) and 403.12(h),the Director shall require the number of
grab samples necessary to assess and assure compliance by industrial users with O
applicable pretreatment standards and requirements. (see 40 CFR 403.12(g)(4).
Confidential information Information and data furnished to the department with respect
to the nature and frequency of discharge shall be available to the public or other governmental
agency without restriction unless the user specifically requests at the time of submittal and is
able to demonstrate to the satisfaction of the department that the release of such information
would divulge information,processes or methods of production entitled to protection as trade
secrets or proprietary information of the user. Each page containing confidential information
shall be stamped with the words "confidential business information". When requested by a user
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)Pennit, 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
user furnishing the report. Waste water constituents and characteristics and other "effluent data"
as defined by 40 CFR 2.302 will not be recognized as confidential information and will be
available to the,public without restriction. Information specifically designated as and accepted
by the department as being confidential, shall not be transmitted to any governmental agency by
the department until and unless a ten-day notification is given to the user. (Ord.No. 2009-26,
Sec. 5.)
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10.08.06 Enforcement
Emergency suspension of service and discharge permits The Director may,for good
cause shown, suspend the wastewater treatment service and the Wastewater Discharge
Permit of a user by the procedure set forth by a written enforcement response plan adopted by
the Commission when it appears to the Director that an actual or threatened discharge presents or
threatens an imminent or substantial danger to the 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 user notified of the suspension of the city's
wastewater treatment service and/or the user's Wastewater Discharger Permit shall,within a
reasonable period of time, as determined by the Director, cease all discharges. In the event of
failure of the user to comply voluntarily with the suspension order within the specified time,the
department shall take all lawful actions necessary to suspend the access of the user to the POTW.
The Director shall reinstate the Wastewater Discharger Permit and/or the wastewater treatment
service upon proof by the user of the elimination of the non-complying danger as set forth above.
(Sec. 1)
Revocation of permit The Director may revoke the permit,by the procedure set forth by
a written enforcement response plan adopted by the Commission,of any user 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 user's premises by representatives of the
Director 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 user's
permit as provided for by this ordinance. (Sec. 2)
Notification of violation-Administrative adjustment Whenever the Director finds
that any user 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 Director shall
serve or cause to be served upon such user a notice either personally or by certified 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 Director 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
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receipt of the notice,the user shall respond personally or in writing to the Director advising of
the user'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 Director 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. (Sec. 3)
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 Director may order any user which causes or allows conduct prohibited by
Section 10.08.05(2)hereof,to show cause before the Director or its duly authorized
representative,why the proposed permit revocation action should not be taken. A written notice
shall be served on the user by personal service, or certified or registered mail,return receipt
requested, specifying the time and place of a hearing to be held by the Director or its designee
regarding 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
user. The proceedings at the hearing shall be considered by the Director which shall enter
appropriate orders with respect to the alleged improper activities of the user. Appeal of such
orders may be taken by the user in accordance with applicable local or state law. (Sec. 4.)
Consent orders The Director 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. (Sec. 5.)
Judicial proceedings Following the entry of any order by the Director with respect to the
conduct of a user 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. (Sec. 6.)
Enforcement actions-Annual publication A list of all industrial users which were the
subject of enforcement proceedings pursuant to 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 users during the same twelve (12)months
which were in significant non-compliance with applicable pretreatment requirements over that
12 month period.
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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 for the same
pollutant parameter during a six(6)month period exceed(by any magnitude a
numeric pretreatement standard or requirement,including instantaneous limits, as
defined in 40 CFR 403.3(1);
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
numeric pretreatment standard or requirement including instantaneous limits as
defined 40 CFR 403.3(1)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 violation of a pretreatment standard or requirement as defined by 40
CFE 403.3(1 (daily maximum, long-term average, instantaneous limit, or
narrative standard)that the Director determines has caused, alone or in
combination with other discharges,interference or pass through,including
endangering the health of POTW personnel or the general public;
OD. Any discharge of pollutants that has caused imminent endangerment to the public
or to the environment, or has resulted in the Director'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 forty-five(45) days after the due date, any required
reports,including baseline monitoring reports,reports on compliance with
categorical pretreatment standard 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 may include a violation of Best Management
Practices,which the Director determines will adversely affect the operation or
implementation of the local pretreatment program. (Sec. 7.)
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Right of appeal Any user or any interested party shall have the right to request in
writing an interpretation or ruling by the Director 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 user 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 user'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. User's appeal of any final judicial order entered pursuant to this
ordinance may be taken in accordance with local and state law. (Sec. 8.)
Operating upsets
A. For the purposes of this section,upset means an exceptional incident in which
there is unintentional and temporary non-compliance with categorical
pretreatment standards because of factors beyond the reasonable control of the
user. An upset does not include non-compliance to the extent caused by
operational error, improperly designed treatment facilities,inadequate treatment
facilities, lack of preventative maintenance, or careless or improper operation.
B. An upset shall constitute an affirmative defense to an action brought for non-
compliance with categorical pretreatment standards if the requirements of
paragraph(C)below are met.
C. A user who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant
evidence that:
1. An upset occurred and the user can identify the cause(s) of the upset;
2. The facility was at the time being operated in a prudent and workman-like
manner and in compliance with applicable operation and maintenance
procedures; and
3. The user has submitted the following information to the Director within
twenty-four(24)hours of becoming aware of the upset(if this information
is provided orally, a written submission must be provided within five(5)
days);
a. A description of the indirect discharge and the cause of non-
compliance;
b. The period of non-compliance,including exact dates and times or,
if not corrected,the anticipated time the non-compliance is
expected to continue; and
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C. Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the non-compliance.
D. In any enforcement proceeding,the user seeking to establish the occurrence of an
upset shall have the burden of proof.
E. Users shall have the opportunity for a judicial determination on any claim of upset
only in an enforcement action brought for non-compliance with categorical
pretreatment standards.
F. Users shall control production of all discharges t the extent necessary to maintain
compliance with categorical pretreatment standards upon reduction,loss, or
failure of its treatment facility until the facility is restored or an alternative
method of treatment is provided. This requirement applies in the situation where,
among other things,the primary source of power of the treatment facility is
reduced, lost, or fails. (Sec. 9.)
The remedies provided for in this ordinance are not exclusive. The Director may
take any, all or any combination of these actions against a non-compliant user.
Enforcement of pretreatment violations will generally be in accordance with the
department's enforcement response plan. However,the Director may take other
action against any user when the circumstances warrant. Further,the Director is
empowered to take more than one enforcement action against any non-compliant
user. (Sec. 10.)
10.08.07 Penalties
Surcharges Industrial users shall,in addition to normal sewer service charges,be
assessed by the Director a separate surcharge to cover the additional cost of treatment when
wastewater characteristics exceed local parameters of 250 mg/L for BOD5 and TSS. (Sec. 1.)
Administrative penalties Significant industrial users may, in addition to normal sewer
service charges,be assessed by the Director a separate administrative penalty when wastewater
characteristics exceed parameters as established in the Industrial User's Permit.
Any non-residential discharges exceeding the local limits established by the Director as
provided for in 10.08.02(2.5) of this ordinance shall be considered non-complying discharges
and a separate civil penalty shall be assessed by the Director for each parameter that is exceeded.
The method of establishing said administrative penalties shall be that as provided by ordinance.
Payment of said administrative penalties shall not be considered justification for said excessive
discharges, or compensation for any damages caused by said excessive discharges.Further
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provided,that payment of said administrative penalties shall not exempt the excessive user from
actions taken by the Commission under Sec. 10.08.06 (2)of this Ordinance. (Sec. 2.)
Additional penalties for recovery of costs Any user 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
department for any expense, loss or damage caused by such violation or discharge. The
department shall bill the user for the costs incurred by the department for any cleaning,repair, or
replacement work caused by the violation or discharge.Refusal to 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. (Sec. 3.)
Miscellaneous administrative fines The schedule of administrative fines and the
conditions for their assessment shall be prepared by the Director 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.
Users desiring to dispute administrative fines must file a written request for the Director
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 Director may convene a hearing on the matter. In the O
event he user's appeal is successful,the payment shall be returned to the user. The decision of
the Director may be appealed to the Commission at a regularly scheduled meeting or a special
meeting of the Commission convened for that specific purpose. (Sec. 4.)
Criminal and civil penalties
When the Director finds that a user has violated any provision of this ordinance, or
continues to violate, any provision of this ordinance, an individual wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,the Director may
petition the District Court of Crawford County,Arkansas,through the department's attorney for
the issuance of a temporary or permanent injunction, as appropriate,which restrains or compels
the specific performance of the individual wastewater discharge permit, order, or other
requirement imposed by this ordinance on the activities of the user. The Director may also seek
such other action as it appropriate for legal and/or equitable relief,including a requirement for
the user to conduct environmental remediation. A petition for injunction relief shall not be a bar
against, or a prerequisite for,taking any other action against a user.
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
163.6 O
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who shall violate this ordinance in any way upon being convicted of violating this ordinance,
shall,be 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 department may recover
reasonable attorney's fees, court costs, court reporters'fees and other expenses of litigation as
restitution established by the court. (Sec. 5.)
Limitations as to criminal and/or civil penalties That the department pursuant to this
ordinance and in compliance with federal minimum requirements set out in 40 CFR
403.8(f)(1)(vi)(A) 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. (Sec. 7.)
10.08.08 Records retention All users 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 user in connection with its discharge.Any industrial
user subject to the reporting requirements of this ordinance shall make all monitoring records,
including documentation associated with BMPs, available for inspection and copying by the
Director.All records which pertain to matters which are the subject of administrative adjustment
or any other enforcement or litigation activities brought by the department pursuant hereto shall
be retained and preserved by the user until all enforcement activities have concluded and all
periods of limitation with respect to any and all appeals have expired. (Ord.No. 2009-26, Sec.
8.)
10.08.09 Application of definitions For the purpose of this ordinance the definitions as
set out in Van Buren City Ord.No.2009-26 and the definitions therein shall also apply to this
ordinance. (Ord.No. 2009-27,, Sec. 1.)
10.08.10 Purpose The purpose of this ordinance is to establish surcharges and
administrative penalties enabled under Van Buren Municipal Code 10.08.07. (Ord.No. 2009-27,
Sec. 1.)
10.08.11 Administrative penalties Significant industrial dischargers may,in addition to
normal sewer service charges and surcharges,be assessed by the Van Buren Municipal Utilities
Commission a separate administrative penalty when wastewater characteristics exceed
parameters herein established. Said administrative penalties shall be as follows:
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A. Biochemical Oxygen Demand
$2.00 per pound of BOD5 discharged for waste strength concentrations discharged
greater than the mass proportion limits as established by the Van Buren Municipal
Utilities Commission for each significant industrial discharger permit, i.e. ($2.00)
x(lbs.BOD—Limit) per 1000 gallons.
B. Total suspended solids
$2.00 per pound of TSS discharged for waste strength concentrations discharged
greater than the mass proportion limits as established by the Van Buren Municipal
Utilities Commission for each significant industrial discharger permit,i.e. ($2.00)
x(lbs TSS—Limit)per 1000 gallons.
C. pH
$5.00 per thousand gallons for all dischargers for which the pH is greater than 11
or less than 5,i.e. ($5.00 per 1000 gallons.
D. Fats, oils and greases
$5.00 per pound of fats, oils, and greases for wastewater discharges exceeding
100 mg/1 of fats,oils and greases,i.e. ($5.00)x(FOG— 100)x(0.00834)per
gallons.
E. Other limited parameters
Administrative penalties may be assessed for other pollutant parameters that are
limited in concentration by the Van Buren Municipal Utilities Commission
through ordinance or local discharge limits.
$5.00 per 1000 gallons per parameter shall be charged for all wastewater
exceeding the most recent local discharge limits set by the Van Buren Municipal
Utilities Commission as authorized by ordinance. (Ord.No. 2009-27, Sec. 1.)
10.08.12 Surcharges Significant industrial dischargers shall in addition to normal sewer
service charges and civil penalties be assessed by the Van Buren Municipal Utilities Commission
a separate surcharge to cover the additional cost of treatment when wastewater characteristics
exceed parameters herein established.
A. Biochemical Oxygen Demand
$0.50 per pound of BOD5 discharged for waste strength concentrations discharged
greater than 250 mg/l,i.e. ($0.50)x(BOD-250)x(0.000834)per thousand gallons.
B. Total suspended solids
$0.50 per pound of TSS discharged for waste strength concentrations discharged
greater than 250 mg/l,i.e. ($0.50)x(TSS-250)x(0.000834)per thousand gallons.
(Ord.No.2009-27, Sec. 1.)
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10.08.13 Samples The above charges may be based on sample test results by both the
user and/or the Van Buren Municipal Utilities Commission or department. A split sample for the
purpose of establishing charges shall be made available for use by the Commission or
department upon written request: Final determination as to charges bases on test results other
than appeal procedures shall be within the Van Buren Municipal Utilities Department. (Ord.No.
2009-27, See. 1.)
10.08.14 Waiver The city of Van Buren,Arkansas,by the establishment of such charges
or the acceptance of any payments upon said charges shall not waive any right it has to proceed
under any enforcement proceedings established under this ordinance or by the Van Buren
Municipal Code 10.08.01 and following. (Ord.No.2009-27, Sec. 1.)
CHAPTER 10.12
WATER AND SEWER RATES
Sections:
10.12.01 Definitions
10.12.02 Water rates
10.12.03 Volume charge rates
10.12.04 Water meter service charge
10.12.05 Sewer rates
10.12.06 Determination of actual usage
10.12.07 Minimum fee
10.12.08 New residential customers
10.12.09 Outside user rate
10.12.10 Vacant property
10.12.01 Definitions When used in this ordinance,the term"Water for Resale" shall refer
to water purchased by Van Buren's contract water users. The current contract water users of the
Van Buren system are The Oak Grove Water Users Association, The Dora Water Users
Association, and The Sequoyah County Water Users Association. (Ord.No. 91-10, Sec. 1.)
10.12.02 Water rates Effective January 1,2016,the following monthly minimum charges
and volume charges are established as the rates for customers of the Van Buren Municipal Utility
Water system of Van Buren.
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Meter Size Minimum monthly charge
Residential
$4.75
1" $7.75
1 V2" $15.65
2" $27.5 0
Commercial
%4 $4.75
1" $8.95
1 Y2" $19.75
2" $29.65
3" $65.50
4" $125.75
Industrial
$7.85
1" $11.85
1 V2" $19.75
2" $29.65
3" $65.50
4" $175.75
6" $260.85
Water for resale
2" $29.65
3" $65.50
4" $175.75
6" $260.85
The charges for customers outside the city limits shall be one and one half(1 V2)times the rates
for customers inside city limits. (Ord.No. 13-2015, Sec. 1.)
10.12.03 Volume charge rates The following volume charge rates and effective dates are
established for customers of the Van Buren Municipal Utility Water System of the city of Van
Buren:
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Residential: Volume charges per 1,000 gal. Effective date
$4.39 January 1, 2016
Commercial: Volume charges per 1,000 gal. Effective date
$3.81 January 1,2016
Industrial: Volume charges per 1,000 gal. Effective date
$3.54 January 1, 2016.
Water for resale: Volume charges per 1,000 gal. Effective date
$2.69 January 1, 2016
The charges for customers outside the city limits shall be one and one half(1Y2)times the rates
for customers inside city limits. (Ord.No. 13-2015, Sec. 2.)
10.12.04 Water meter service charge In addition to the rates and charges established by
this ordinance,the Municipal Utilities Commission,through their authorized representatives, is
authorized and directed to cause.the$0.30 per active water meter service per month charge
mandated by Act 292 of 2007,to be collected and to cause the sums collected to be paid to
Arkansas State Health Department pursuant to Act 292 of 2007. (Ord.No. 13-2015, Sec. 2.)
10.12.05 Sewer crates That the monthly rates set forth below be, and they are hereby,
fixed as the rates to be charged for sewer services furnished to customers of the Sewer System of
the city of Van Buren, Arkansas (the `City"),which rates the City Council finds and declares to
be reasonable and necessary minimum rates to be charged. Effective January 1, 2006,the rate
shall consist of a minimum which shall be based upon the size of the meter necessary for each
residence,business, industry-and.institution using the System and an additional actual usage rate
of$2.25 per thousand gallons or fraction thereof, said rate to increase to $2.75 effective January
1,2007, and to further increase to $3.25 effective January 1,2008. (Ord.No. 2005-15, Sec. 1.)
165.1
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10.12.06 Determination of actual usage Billed sewer usage shall be determined as
follows:
A. Residential customers billed sewer usage shall be based on an averaged winter
consumption calculated from monthly water consumption for the immediately
preceding months of November,December, January, February, and March. As to
new residential customers who have not used the system for the winter months,
billed sewer usage will be estimated based on available water consumption data,
if water consumption data is not available,billed sewer usage will be the same as
billed water consumption until an averaged winter consumption is calculated the
following April,with the exception that; should a new customer's summer water
consumption be higher than normal due to outdoor usage, the customer may
request a reduction in billed sewer usage, such billing adjustments will be
calculated on a case by case basis. Multifamily residential dwellings billed sewer
usage shall be the same as the billed water consumption.
B. Commercial, Institutional,Industrial customers billed sewer usage shall be based
upon actual discharge into the sewer system where a properly installed, approved,
and maintained flow meter is installed,by the customer, in the sewer service line
so as to monitor actual sewer discharge. Where customers do not install a flow
meter to monitor actual sewer discharge,billed sewer usage shall be the same as
the billed water consumption, or an estimated amount where technical data,
provided by the customer, demonstrates that such amounts of sewer are not !�
discharged. (Ord.Nol2-2015, Sec. 2.)
10.12.07 Minimum fee Effective on the first day of January 1, 2016,the following
monthly minimum charge and volume charge rates are established for all Van Buren Sewer
System customers:
Size of Meter(inches) Monthly Min. Charge Volume Char es/1000 Gal.
3/4" $8.06 $4.14
1" $14.20 $4.14
1 1/z" $19.87 $4.14
2" $58.81 $4.14
3" $296.17 $4.14
4" $394.18 $4.14
6" $590.18 $4.14
The charges for customers outside the city limits shall be one and one-half(1 Y2)times
the rate for customers inside the city limits.
(Ord.No. 12-2015, Sec. 1.)
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10.12.08 New residential customers As to the new residential customers who have not
used the system for the winter months as indicated, the Water and Sewer Department shall make
the computation by taking in consideration such figures of actual water usage as are available, if
any. Such estimates shall only be made for a period of one(1)year until an average monthly
basis can be contained during the months above indicated. (Ord.No. 85-3, Sec. 4.)
10.12.09 Outside user rate All users of the sanitary sewer system outside the corporate
limits of the city of Van Buren, Arkansas, shall pay one and one-half(1 V2)times the rate for
customers inside the corporate limits. (Ord.No. 85-3, Sec. 5.)
10.12.10 Vacant property That vacant property not actually using the Sewer System may
not be subject to sewer charges. The burden of showing non-use, and request for temporary
omission of sewer charges,rest on the owner of the property. (Ord.No. 12-2015, Sec. 3.)
CHAPTER 10.16
WATER AND SEWER TAPS
Sections:
10.16.01 Ordinance Repealed
10.16.02 Water Tap and Connection Fees
10.16.03 Sewer Tap and Connection Fees
10.16.04 Street Crossing Fees
10.16.05 Plan Review Fees
10.16.01 Ordinance Repealed That Ordinance No. 26-2002 is hereby repealed. (Ord.
No. 28-2022', Sec. 1)
10.16.02 Water Tap and Connection Fees: The following fees and charges will apply for
water taps, connections,meter installations, and related services to the City of Van Buren Public
Water System as described in Exhibit A. (Ord.No. 28-2022, Sec.2)
Exhibit A
Section 2:
a.) Taps, connections, and meter installations to the City of Van Buren Public Water
System five eights by three quarters of an inch (5/8"x 3/4") to two inches (2")
constructed and installed by VBMU:
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Meter Size Water Tap and Connection Fee
5/8 x 3/4 inch $600 plus predetermined cost overrun
1 inch $750 plus predetermined cost overrun
1 lh inch $3,000 plus predetermined cost overrun
2 inch $3,300 plus predetermined cost overrun
Radio Read Unit where required) $175 plus predetermined cost overrun
b.) In cases where taps, connections, and meter installations five eights by three
quarters of an inch(5/8"x 3/4")to two inches (2") to the City of Van Buren
Public Water System are not able to be constructed and installed utilizing existing
VBMU personnel and equipment; the above Water Tap and Connection Fees,plus
predetermined cost overrun will apply. Be it further provided that relocating
existing water taps, connections,meters, and/or service lines necessitated by
customer or developer work shall be at the expense of the customer or developer,
at the lessor of a predetermined cost,including labor, equipment, and materials, or
applicable Water Tap and Connection Fees and Street Crossing Fees.
c.) Taps, connections, and meter installations to the City of Van Buren Public Water
System three inches (3") and larger:
1. Taps, connections, and water meter installations to the City of Van Buren
Public Water System three inches (3") and larger are to be constructed and
installed by a competent applicably licensed contractor retained by the
developer or customer, at the expense of the developer or customer,
pursuant to the City of Van Buren Municipal Utilities Design Standards,
Standard Specifications, and Standard Details for Water and Wastewater.
A water meter will be provided by VBMU. The following Large Water
Meter Fees will apply:
Meter Size Large Water Meter Fee
3 inch $2,000 plus predetermined cost overrun
4 inch $3,800 plus predetermined cost oven-an
6 inch and larger Actual predetermined costs
Radio Read Unit where required) $175 plus predetermined cost overrun
2. In cases where the developer or customer requests that a tap, connection,
and water meter,installation to the City of Van Buren Public Water System
three inches (3") and larger be constructed and installed by VBMU or a
competent applicably Arkansas Licensed Utility Contractor retained by
VBMU; the above Large Water Meter Fee, plus the following Large
Water Tap and Connection Fees and applicable Street Crossing Fees will
apply:
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Meter Size -Large Water Tap and Connection Fee
3 inch $30,000 plus predetermined cost overrun
4 inch $33,000 plus predetermined cost overrun
6 inch and larger Actual predetermined costs
Radio Read Unit where required) $175 plus predetermined cost overrun
3. In cases of water meter vaults three inches (Y) and larger requiring a
drain sump and pump pursuant to the City of Van Buren Municipal
Utilities Design Standards, Standard Specifications, and Standard Details
for Water and Wastewater, it shall be the responsibility of the customer to
provide and maintain electrical service to the water meter vault at the
customers expense. Failure to provide and maintain electrical service to
the water meter vault may result in the termination of service.
d.) In cases where the property to be served is across a state highway from the City of
Van Buren Public Water System,the planned development is larger than a single
family residence, or a normal single water tap, connection, street crossing, and
service line is deemed not feasible or adequate by VBMU, the City, the Crawford
County Road Department, the Arkansas Department of Transportation,the
Arkansas Department of Health, or other approving authority; an extension or
improvement of the City of Van Buren Public Water System may be required
pursuant to the City of Van Buren Municipal Utilities Design Standards, Standard
Specifications, and Standard Details for Water and Wastewater at the expense of
the developer or customer.
e.) In new subdivisions where the developer has constructed an extension or
improvement to the City of Van Buren Public Water System, including the water
tap, connection, and meter setter assembly,pursuant to the City of Van Buren
Municipal Utilities Design Standards, Standard Specifications, and Standard
Details for Water and Wastewater; VBMU will provide and install water meters,
including basic repair and/or replacement of damaged meter box and lid at the
time of meter installation, after relevant fees have been paid and a utility billing
account has been established.Where a water service requires relocation or major
repair before the water meter can be installed, an additional fee will be charged.
The following Meter Set Fees and Meter Set Repair/Relocation Fees will apply:
lO 167.2
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Meter Size Meter Set Fee Meter Set Repair/Relocation Fee
5/8 x 3/4 inch $250 $200 plus predetermined cost overrun
1 inch $300 $200 plus predetermined cost overrun
1 Y2 inch $1,300 $300 lus predetermined cost overrun
2 inch $1,500 $300 plus predetermined cost overrun
Radio Read Unit where required) $175 plus predetermined cost overrun
(Ord.No. 28-2022, Sec. 2)
10.16.03 Sewer Tap and Connection Fees: The following fees and charges will apply for
sewer taps and connections to the City of Van Buren Public Sewer System as described in
Exhibit A. (Ord.No. 28-2022, Sec. 3)
Exhibit A
Section 3: Sewer Tap and Connection Fees
a.) Taps and connections to the City of Van Bureri Public Sewer System constructed
and installed by VBMU:
Size Sewer Tap and Connection Fee
4 inch $600.00 plus predetermined cost overrun
6 inch $700.00 plus predetermined cost overrun
8 inch and larger Actual predetermined cost
b.) In cases where taps and connections to the City of Van Buren Public Sewer
System are not able to be constructed and installed utilizing existing VBMU
personnel and equipment; the above Sewer Tap and Connection Fee,plus
predetermined cost overrun will apply.Be it further provided that the repair or
relocating existing sewer taps, connections, and/or service lines necessitated by
customer or developer actions shall be at the expense of the customer or
developer, at the lessor of a predetermined cost, including labor, equipment, and
materials, or applicable Sewer Tap and Connection Fees and Street Crossing Fees.
c.) In cases where the property to be served is across a state highway from the City of
Van Buren Public Sewer System,the planned development is larger than a single
family residence, or a normal tap, connection, street crossing, and service line is
deemed not feasible or adequate by VBMU, the City, the Crawford County Road
Department,the Arkansas Department of Transportation,the Arkansas
Department of Health, or other approving authority; an extension or improvement
of the City of Van Buren Public Sewer System may be required pursuant to the
City of Van Buren Municipal Utilities Design Standards, Standard Specifications,
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and Standard Details for Water and Wastewater at the expense of the developer or
customer.
d.) It is the responsibility of the customer or building owner to clean,maintain,
unclog,remove grease,roots, debris, and other blockages, and in the Building
Sewer Service Line, as defined by the Arkansas Plumbing code as "That part of
the drainage system that extends from the end of the building drain and conveys
the discharge to a public sewer,private sewer, individual sewage disposal system
or other point of disposal.", from the building to the City of Van Buren Public
Sewer System connection. Where an existing Building Sewer Service Line is
determined,by VBMU,to be broken, in or underneath a public street or public
alley, excluding private drives,parking lots, or easements; at the customer's
request,VBMU will excavate and repair the sewer service line.
e.) In new subdivisions where the developer has constructed an extension or
improvement to the City of Van Buren Public Sewer System, including the sewer
tap, connection, and sewer service line,pursuant to the City of Van Buren
Municipal Utilities Design Standards, Standard Specifications, and Standard
Details for Water and Wastewater;it is the responsibility of the developer/builder
to excavate the sewer service line and make the connection to the building sewer
service. Be it further provided.that where a developer constructed sewer service
requires location,relocation, or repair by VBMU before the building sewer
service connection can be made; applicable Sewer Tap and Connection Fees and
Street Crossing Fees will apply: (Ord.No. 28-2022, Sec. 3)
10.16.04 Street Crossing Fees: In addition to the above fees and charges for taps,
connections, and related work to the City of Van Buren Public Water and Sewer System, the
following Street Crossing Fees will apply if a street,road, highway, or alley crossing is required
as described in Exhibit A. (Ord.No. 28-2022, Sec. 4)
Exhibit A
Section 4: Street Crossing Fees:
a.) Open Cut Trenching Street Crossing Fees:
Street Type Fee Per Linear Foot
Paved Road or Alley $60 plus predetermined cost overrun
Unpaved Road or Alley $35 plus redetermined cost overrun
Curb or Sidewalk Replacement/linear foot $30 plus predetermined cost overrun
168
b.) Directional Bore Street Crossing Fees: 5-37
Directional Bore Street Crossing Fees if applicable)Fee Per Linear Foot
2 Inch Bore 4 Inch Bore 6 Inch Bore
$40 plus predetermined cost $45 plus predetermined cost $50 plus predetermined cost
overrun overrun overrun
Curb or Sidewalk $30 plus predetermined cost overrun
Replacement/linear foot
c.) In cases where street crossings are not able to be installed utilizing existing
VBMU personnel and equipment or the presence of rock,poor soils conditions, or
excessive ground water is identified; the above Street Crossing Fees plus
predetermined cost overrun will apply. (Ord.No. 28-2022, Sec. 4)
10.16.05 Plan Review Fees: See Exhibit A. (Ord.No. 28-2022, Sec. 5)
Exhibit A
Section 5: Plan Review Fees-
In cases requiring a consultant to be retained by VBMU in order to complete a plan
review or a City of Van Buren Public Water or Sewer System capacity availability review and
determination: the following Plan Review Fees will apply. Plan Review Fees may be waived in (�
cases where an appropriately licensed engineer,retained by the customer or developer,provides
certification that the plans have been reviewed and determined to be in conformance with the
City of Van Buren Municipal Utilities Design Standards, Standard Specifications, and Standard
Details for Water and Wastewater and other applicable codes or regulations.
Plan Review Fees
Plan Review Fee Predetermined cost
(Ord.No. 28-2022, Sec. 5)
168.1
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CHAPTER 10.20
CONSERVATION AND RATIONING
Sections:
10.20.01 Limiting water consumption
10.20.02 Definitions
10.20.03 Phase I
10.20.04 Phase II
10.20.05 Mayor has authority
10.20.06 Fine
10.20.07 Contracts
10.20.01 Limiting water consumption It is hereby determined that in order for the city of
Van Buren to provide and maintain a sufficient and manageable water supply and distribution
system for human consumption, sanitation, and fire protection, and to insure the safety and well
being of the users of water provided by the City of Van Buren, it is necessary to manage water
service demands on the water supply,transmission and distribution systems of the city of Van
Buren by limiting water consumption through restrictions and prohibitions of the use of city
water during certain times of the year as set out below. (Ord.No. 92-16, Sec. 1.)
10.20.02 Definitions For the purpose of this Ordinance, the following terms shall have
the meanings given herein:
A. "Users of Water" includes all persons and entities who use and/or purchase water
provided by the distribution system of the city of Van Buren including Out of City
Water Users.
B. "Out of City Water Users" includes all persons and entities who purchase water
from the City of Van Buren for individual use,re-sale and/or re-distribution
outside the corporate limits of the city of Van Buren. (Ord.No. 92-16, Sec. 2.)
10.20.03 Phase I
A. This section shall apply to all users of water from the city of Van Buren,
Arkansas. An initial conservation phase (Phase I) shall go into effect when lake
levels drop below 100% of capacity(above lowest intake valve), or June 1,
whichever is later, and shall continue through October 31, or until lake levels and
city storage reservoirs remain above 85% of capacity for five (5) consecutive
days,whichever is later.
�� 168.2
5-14
B. Phase I conservation measures shall consist of the following restrictions and
prohibitions on the use of city water:
1. The following uses of water are permitted at locations with even-
numbered addresses on even-numbered days of the month only and at
locations with odd numbered addresses on odd-numbered days of the
month only:
Lawn watering,watering of shrubs,plants,trees and gardens;the washing
of motor vehicles,trailers, airplanes or boats (not applicable to
commercial car washes); filling swimming pools or fountains; and
washing of building exteriors.
2. No person shall use water as provided for in Section 3(b)(1)to such an
extent as to allow water to escape from his premises onto public property,
such as alleys or streets,nor onto another person's property.
3. Golf course watering and other commercial irrigation from City sources
shall be done only to the extent necessary to preserve turf and other plant
life and at such times during the day as to minimize water loss due to
evaporation.
Q 4. The use of water from fire hydrants at any time for construction purposes,
fire drills, or routine hydrant testing is prohibited. Only non-potable water
may be used for dirt compaction, earth moving operations, or street base
course construction.
5. The washing of sidewalks,walkways, driveways,patios,parking lots,
concrete tennis courts, and other hard-surfaced areas by hosing or by use
of water directly from faucets or other city sources is prohibited.Food
processing and food service establishments may engage in such use of
water only to the extent necessary to maintain and preserve the public
health, and in compliance with any state or federal regulations.
Restaurants and other food service establishments may hose or wash only
walkways immediately adjacent to entrances and not beyond ten(10) feet
of entrances and not beyond ten(10) feet of garbage facilities, food
delivery or food serving areas.
6. No person shall irrigate or water lawns,turf, shrubs,plants,trees or
gardens between the hours of 10:00 a.m. or 7:00 p.m. (not applicable to
greens and tee boxes on golf courses).
7. The city shall have the authority to install flow restriction devices on those
lines to contract water users which exceed their contractual
168.3
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allocation. Installation of flow restriction devices shall require specific
approval of the City Council of the city of Van Buren before installation.
(Ord.No. 92-16, Sec. 3.)
10.20.04 Phase II
A. This section shall apply to all users of water from the city of Van Buren, -
Arkansas. An advanced conservation phase (Phase II) shall go into effect when
the following conditions occur:
1. The total usable water storage above the lowest intake valves in the Fort
Smith impoundment lakes decreases into a storage capacity of 50%. This
phase shall be implemented under these conditions when the lake levels
remain below these levels for three(3) consecutive days;
OR
2. The total amount of water in Fort Smith`s water system storage reservoirs
remains below 50%of total storage capacity for three (3) consecutive
days.
B. The Mayor, or his designated agent,is hereby authorized and directed to compile
and record the data necessary to determine when the conditions of Section 4(a)(1)
or(2) of this ordinance have been met. Upon such determination that the
conditions have been met,the Mayor, or his designated agent, shall notify all
users of water from the city of Van Buren,Arkansas,by any reasonable means,
which may include,but are not limited to,media coverage,that the conditions of
Section 4(a)(1) or(2) of this ordinance have been met and that the conservation
measures of Phase II are in effect. The Mayor, or his designated agent,is hereby
authorized and directed to ensure compliance with and enforcement with and
enforcement of the Phase II conservation measures set forth in Section 4(c)
below.
C. Phase II conservation measures shall consist of Phase I measures plus the
following restrictions and prohibitions on the use of city water:
1. The watering of shrubs,plants,trees and gardens is permitted only by
hand held hose and should be limited to the minimum amounts necessary
to sustain plant life. Such watering is permitted at locations with even
numbered addresses on even numbered days of the month only and at
locations with odd numbered addresses on odd numbered days of the
month only sources is prohibited.
2. Golf course watering and other commercial irrigation from city sources
shall be done only to the extent necessary to preserve turf and other plant
168.4
S-14
life. Golf courses are permitted to water only greens and tee boxes from
city sources. Golf course fairway and rough watering and school football
and baseball field watering from city sources is specifically prohibited.
3. All washing of motor vehicles,trailers, airplanes, boats or building
exteriors is prohibited, except at commercial car washes and licensed
commercial vehicle dealerships. Licensed commercial dealerships shall
limit washing to Tuesday and Friday only. The filling of swimming pools
or outdoor fountains and outdoor fountain operation is prohibited.
D. The restrictions and prohibitions of Phase R shall be removed when the lake
levels (above lowest intake valves) and water storage reservoir levels raise and
remain above 60%for ten(10) consecutive days.
E. The Mayor, or his designated agent,is hereby authorized and directed to compile
and record the data necessary to determine when the conditions of Section 4(d) of
this ordinance have been met.Upon such determination that the conditions have
been met,the Mayor, or his designated agent, shall notify all users of water from
the city of Van Buren,Arkansas,by any reasonable means,which may include,
but is not limited to,media coverage,that the conservation measures of Phase II
are no longer in effect. (Ord.No. 92-16, Sec. 4.)
10.20.05 Mayor has authority This section shall apply to all users of water from the city
of Van Buren. Whenever an emergency exists as determined by the Mayor, or his designated
agent,by reason of a shortage of water, limited distribution facilities or any other circumstances
which make it necessary to immediately conserve water,there is hereby delegated to the Mayor,
or his designated agent,the authority to implement the conservation measures of Phase I and/or
Phase II and other conservation measures which are necessary to maintain potable water for
essential public health and safety functions.
These emergency measures shall remain in effect until the next regularly scheduled
meeting or special meeting of the City Council at which time the Council shall decide whether it
is necessary to continue the said measures. (Ord.No. 92-16, Sec. 5.)
10.20.06 Fine the.failure to comply with or a violation of any requirements contained in
this ordinance by any user of water from the city of Van Buren,Arkansas,has hereby been
declared to be unlawful, and any user of water subject to the jurisdiction of the city,upon being
convicted of such unlawful act, shall be deemed guilty of a misdemeanor and shall be fined in
accordance with the following schedule:
168.5
S-14
First Violation not less than$50.00 nor more than$200.00
Second Violation not less than$250.00 nor more than$500.00
Third Violation and Each subsequent Violation $500.00
(Ord. 92-16, Sec. 6.)
10.20.07 Contracts It is the policy of the city of Van Buren that Van Buren will not enter
into contracts for the commercial resale of water additional to the existing contracts with its
contract water users. With reference to the existing contracts with contract water users, it is the
policy of the city of Van Buren to not permit increases in the contractual allocations of volumes
of water to any contract user in excess of(1)the demonstrated,then current needs of the contract
user or(2) 50%of the 1990 allocation for such contract user, whichever(of 1 or 2) is the lesser.
Except for contracts for resale of water which may currently exist(which contracts shall be
subject to the increased allocation limitations of the second sentence of this Section),no user
(except contract water users) of the Van Buren water system shall enter into any contract for the
commercial resale of water to another person or entity. (Ord.No. 92-16, Sec. 7.)
CHAPTER 10.24
CROSS CONNECTION
Sections:
10.24.01 Purpose
10.24.02 Definitions
10.24.03 Approving authority
10.24.04 Owner responsibilities
10.24.05 Retrofit of backflow preventers on domestic water service connection,fire
protection service lines, and lawn irrigation service lines
10.24.06 Absence of backflow prevention assembly
10.24.07 New construction
10.24.08 Requirement policy
10.24.09 Periodic testing
10.24.10 Administrative fees
10.24.11 Temporary use backflow prevention assemblies
10.24.12 Reporting requirements
10.24.13 Records
10.24.14 Protection of backflow prevention assemblies
10.24.15 Powers and authorities of inspectors
10.24.16 Variance
10.24.17 Enforcement
168.6 "�
I
5-14
10.24.01 Purpose The purpose of this ordinance is as follows:
A. To protect the public potable water supply of Van Buren, Arkansas
from the possibility of contamination or pollution by isolating within the
customer's internal distribution system(s) or the consumer's private water
system(s), and non-potable water system(s), such contaminants or pollutants
which could backflow into the public potable water systems.
B. To promote the elimination or control of existing cross connections, actual or
potential,between the customer's potable water system(s) and nonpotable water
systems,plumbing fixtures, and industrial piping systems.
C. To provide for the maintenance of a continuing program of cross connection
control that will systematically and effectively prevent the contamination or
pollution of all potable water systems. (Ord.No. 96-2, Sec. 1.)
10.24.02 Definitions When used in this ordinance,the following terms shall have the
stated meanings.
Administrative Fees -A fee charged by the Van Buren Water and Sewer Department to
cover necessary cost of service incurred from operation of the control of backflow and cross
connections program.
Approved-accepted by the Manager as meeting an applicable specification stated or
cited in this ordinance, or as suitable for the proposed use.
Approving Authority-Manager of the Van Buren Water, Sewer and Solid Waste
Department or his designated agent.
Auxiliary Water Supply- any water supply on or available to the premises other than the
purveyor's approved public water supply will be considered an auxiliary water supply. These
auxiliary waters may include water from another purveyor's public potable water supply or any
natural source(s) such as a well, spring, fiver, stream, etc. or "used waters" or"industrial fluids'.
These waters may be contaminated or polluted or they may be objectionable and constitute an
unacceptable water source over which the water purveyor does not have sanitary control.
Backflow-flow of water or other liquids,mixtures or substances,under positive or
reduced pressure in the distribution pipes of a potable water supply from any source other than
its intended source, caused by either backpressure or backsiphonage.
Backflow Prevention Assembly-mechanical backflow prevention assembly assembled
with shutoff valves, and provided as a complete assembly by a single manufacturer,used to
prevent the flow of contaminants or pollutants
0- 168.7
5-1
into the city's water system. The assembly must have the approval of the Foundation for Cross
Connection Control and Hydraulic Research at the University of Southern California, State of
Arkansas Department of Health and the city.
Backpressure- a condition in which the pressure in a non-potable system is greater than
the pressure in the potable water distribution system. Backpressure will cause non-potable
liquids to flow into the potable water distribution system through cross - connections.
Backflow Prevention Device-mechanical backflow preventer without the shutoff
valves,it does not have shutoff valve on either side of the backflow prevention mechanism.Any
backflow prevention assembly without the shutoff valves is called a device
Backsiphonage-reverse flow of liquid caused by a partial vacuum or negative pressure
in the potable water distribution system,which may result fiom water line breaks, or high water
demands for fire fighting purposes, etc.
Board of Commissioners -Van Buren Water, Sewer, and Solid Waste Commission
Bypass -any arrangement of pipes,plumbing, or hoses designed to divert the flow
around an installed device or assembly through which the flow normally passes.
Certified Assembly Testing Technician (Tester) -person certified by the Arkansas
Department of Health as an assembly testing technician. O
Certified Assembly Repairman Technician-person certified by the Arkansas
Department of Health as an assembly repairman technician
City-the city of Van Buren,Arkansas
Containment-method of cross-connection control requiring a backflow prevention
assembly at point of service connection to the city's water system
Containment- substance that will impair the quality of the water to a degree that it
creates a health hazard
Cross-Connection-any physical connection or arrangement of piping or fixtures
between two otherwise separate piping systems, of which one contains potable water and the
other contains non-potable water or industrial fluids of questionable safety,through which, or
because of which,backflow may occur into the potable water system. This would include any
temporary connections, dummy section of pipe, swivel or change-over devices or sliding
multipod tube
Cross-Connections- Controlled-a connection between a potable water system with an
approved backflow prevention assembly properly installed and maintained so that it will
continuously afford the protection commensurate with the degree of hazard.
168.8
S-14
Cross -Connection Control by Containment-the installation of an approved backflow
prevention assembly at the water service connection to any customer's premises where it is
physically and economically unfeasible to find and permanently eliminate or control all actual or
potential cross - connections within the customer's water system; or, it shall mean the installation
of an approved backflow prevention assembly on the service line leading to and supplying a
portion of a customer's water system where there are actual or potential cross -connections
Which cannot be effectively eliminated or controlled at the point of cross- connection.
Degree of Hazard- danger posed by a particular substance or set of circumstances. The
term is derived from an evaluation of the potential risk to public health and the adverse effect of
the hazard on the potable water system.
Domestic-refers to plumbing as defined by the State of Arkansas Plumbing Code and is
not associated with designated fire protection water service lines and systems.
Double Check Valve Assembly(DCVA) -backflow prevention assembly consisting of
two independently operating check valves,4 test cocks, and 2 shutoff valves. It is only
appropriate for use against non-health hazards.DCVA can be subjected to backpressure.
Fire Protection System-a fire protection system consists of pipes, sprinklers,valves,
fixtures, fittings,ponds,tanks water storage vessels and fire hydrants that are intended and used
exclusively for fire protection.
Inspector-person authorized by the Approving Authority to perform inspections of
Owner's facilities for the purpose to determining compliance with the city of Van Buren Cross-
Connection Control Program.
Isolation-method to confine a potential source of contamination to the non-potable
system being served;to provide a backflow prevention mechanism at each actual or potential
cross-connection.
Lawn Irrigation System- consists of pipes, sprinklers,valves,fixtures,fittings,ponds,
tanks and waterstorage vessels that are intended and used exclusively for the purpose of lawn
irrigation.
Multiple Services-two or more services. In the case that two or more water agencies are
involved,the multiple service connections constitute and "auxiliary source" of water on the
properly.
New Construction- construction of a new facility, alteration or addition to an existing
facility, or modification or addition to existing plumbing,fire protection, and lawn irrigation
systems.
O 168.9
5-14 Q
Owner- "person" or "persons" who possess any interest in the structure or property to
which such ownership relates.
Pollution -means the presence of any foreign substance (organic,inorganic, or
biological)in water which tends to degrade its quality so as to constitute a hazard or impair the
usefulness or quality of the water to a degree which does not create an actual hazard to the public
health but which does adversely and unreasonably affect such waters for domestic use.
Program-the city of Van Buren Cross-Connection Control Program.
Responsible Managing Employee(RME) - an individual or individuals who shall be
designated by each company that plans, sells, installs,maintains, or services a fire protection
sprinkler system on a full time basis to assure that each fire protection sprinkler system as
installed,maintained, or serviced meets the standards as provided by state law.
Reduced pressure Zone Assembly (RPZA or Reduced Pressure Principle Assembly-
backflow prevention assembly consisting of four test cocks,two shutoff valves,two
independently operating, spring loaded check valves with a reduced pressure zone between the
checks. The zone contains a relief port which will open at atmosphere if the pressure in the zone
falls within 2 psi of the supply pressure. The assembly provides protection against both
backpressure and backsiphonage.
Retrofit-replacement of an existing device or backflow prevention assembly when the
specifications or condition of the device or assembly are not adequate for the degree of hazard
found on the property as defined by this program.
Shall-mandatory; "may" or"will" is permissive
Water-Potable- any water which, according to recognized standards, is safe for human
consumption.
Water-Nonpotable-water which is not safe for human consumption or which is of
questionable potability.
Water-Service Connection-the terminal end of a service connection from the public
potable water system; where the Water Purveyor loses sanitary control at its point of delivery to
the customer's water system. If a meter is installed at the end of the service connection,then the
service connection shall mean the downstream end of the meter. There should be no unprotected
takeoffs from the service line ahead of any meter or any backflow prevention assembly located at
the point of delivery to the customer' s water system. Service connection shall also include water
service connections from a fire hydrant and all other temporary or emergency water service
connections from the public potable water system
168.10 (�
10.24.03 Approving authority 5-14
The Public Water System(PWS)Regulations and the State Plumbing Code are
complementary in protecting the consumer from contamination introduced through cross--
connections. The PWS Regulations basically are designed to protect the public water distribution
system from contamination,while the Plumbing Code is designed to protect the private potable
water plumbing, from backflows.
Location of an approved properly functioning bacicflow preventer on the customer's
service line will be sufficient to protect the public water distribution system from backflow, but
this arrangement will not protect the users of the building potable water plumbing where the
cross-connection occurs. Such a cross-connection control program is called a containment
system, since any potential damage from a cross connection is contained within the plumbing of
the facility where it occurs.
To protect the users within the building itself, each device or plumbing fixture which
contains a cross-connection must be individually protected by an approved cross-connection
control device. This is what the State Plumbing Code currently requires, and such a program is
referred to as an isolation program, since any contamination from a cross-connection is isolated
to the plumbing device where the cross-connection occurs.
The Approving Authority shall be responsible for the protection of the public potable
water distribution system from contamination or pollution due to the backflow of contaminants
through the water service connection. The Approving Authority shall take action as necessary to
meet the goals of the program.
If,in the judgment of the Approving Authority an approved backflow prevention
assembly is required at the owner's water service connection for the safety of the public water
system,the Approving Authority shall give notice in writing to the owner.
On new installations,the Approving Authority will provide inspection and review of
plans in order to determine if a backflow prevention assembly shall be required.
For property with backflow prevention assemblies existing prior to the adoption of this
program,the Approving Authority will perform a review of plans or inspection of property and
inform the Owner in writing of any retrofit required,the method of achieving the retrofit, and the
time allowed for the retrofit to be made.
The Approving Authority will not allow any cross-connection to remain unless it is
protected by an approved backflow prevention assembly which will be regularly tested to insure
satisfactory operation, and the test results are submitted to the Van Buren Water, Sewer, and
Solid Waste Department.
168.11
5-14 0
The Approving Authority shall inform the owner in writing, of any failure to comply. In
the event the owner fails to comply with the necessary correction,the Approving Authority shall
inform the owner in writing,that the water service to the owner's properly will be terminated. In
the event that the owner informs the Approving Authority of extenuating circumstances as to
why the correction has not been made, a time extension may be granted by the Approving
Authority.
If the Approving Authority determines at any time that a serious threat to the public
health exists,the water service shall be terminated immediately.
The Approving Authority shall allow only Certified Assembly Testing Technicians to test
backflow prevention assemblies and only Certified Assembly Repairman Technicians to
maintain and repair backflow prevention assemblies. Installation shall be accomplished by
personnel licensed by the Arkansas Department of Health.
A program for routine inspection shall be administered by the Approving Authority for
hazardous water users. This program will continually assess the hazard water users pose to the
water system and where warranted require an appropriate baclflow prevention assembly be
installed.
The Approving Authority shall bill an Administrative Fee to Owner for cost of services.
Refusal to pay the assessed costs shall constitute a violation of this Ordinance and that said O
violation and/or assessment shall then be subject to denial of or termination of water service.
(Ord.No. 96-2, Sec. 3.)
10.24.04 Owner responsibilities The owner shall adhere to the requirements of the
Approving Authority in their efforts to execute the program. The Owner shall:
A. Eliminate all cross-connections or install an approved backflow prevention
assembly on the property at the water service connection on the customer' s side
of the water meter
B. Retrofit unapproved existing backflow preventers should they be relocated,
require more than minimal maintenance, or the operation or maintenance of the
device/assembly constitutes a hazard to health.
C. Correct any malfunction of the backflow prevention assembly.
D.. Inform the Approving Authority of any proposed or modified cross connections
and also any existing cross-connections of which the owner is aware but has not
been identified by the Approving Authority.
168.12
S-14
E By-pass lines around any backflow prevention assembly shall require a backflow
prevention assembly of the same type as the containment assembly.
F. The owner shall insure the type backflow prevention assembly and manner of
installation is approved by the Approving Authority.
G. Notify the Approving Authority of any private well or other private water source.
The Approving Authority may require the owner to install a backflow prevention
assembly if a private water source is maintained, even if it is not cross-connected
to the city's system.
H. Advise the Approving Authority of any plumbing installed to provide potable
water for domestic purposes which is on the city's side of the backflow prevention
assembly.
I. Pay all administrative fees and fees for testing and repair of backflow prevention
assemblies.
J. It shall be the duty of the owner/user at any premises where backflow prevention
assemblies are installed to have certified inspections and operational tests made
upon installation and at least once per year. In those instances where the
Approving Authority deems the hazard great enough,he may require certified
inspections and tests at more frequent intervals. These inspections and tests shall
be at the expense of the water user and .shall be performed by the assembly
manufacturer's representative,Van Buren Water Department personnel or by a
certified tester approved by the Approving Authority. It shall be the duty of the
Approving Authority to see that these tests are made in a timely manner. The
owner/user shall notify the manager in advance when the tests are to be performed
so that an official representative may witness the tests if so desired.These
assemblies shall be repaired, overhauled or replaced at the expense of the owner-
user whenever said assemblies are found to be defective.Records of such tests,
repairs and overhauls shall be kept and made available to the Approving
Authority.
K. Install(2)two backflow prevention assemblies in parallel if uninterrupted water
service is desired during testing or repair.
L. After having been notified by the Approving Authority of a requirement for a
backflow prevention assembly, shall submit,within the time specified by the
Approving Authority,installation plans for approval and install an approved
backflow prevention assembly at their expense; and,failure,refusal, or inability
on the part of the customer to install,maintain, and have tested, any and all
backflow prevention assemblies on.their property shall constitute grounds for
O168.13
5-14
discontinuing owner's water service until such requirements have been
satisfactorily met.
M. Only master plumbers licensed by the state as Certified Assembly Repair
Technicians shall accomplish repairs,installation and maintenance on domestic
backflow prevention assemblies.
N. New residential lawn irrigation systems shall be installed separately from the
domestic service line, and the appropriate backflow prevention assembly shall be
installed on the customer's side of the water meter. (Ord.No. 96-2, Sec. 5.)
10.24.05 Retrofit of backflow preventers on domestic water service connection,fire
protection service lines, and lawn irrigation service lines
Existing cross-connection control devices are not required to be replaced if they are not
equipped with the necessary test cocks. If any such device is relocated, or requires more than
minimal maintenance,the final backflow preventer shall meet Current requirements. However,
the Approving Authority may require replacement of the device if it determines that the
operation or maintenance of existing device constitutes a hazard to health.Devices shall be
removed when directed by the Approving Authority to facilitate the installation of a required
backflow prevention assembly.
All presently installed backflow prevention assemblies which do not meet the o
requirements of this program but were approved assemblies for the purposes described herein at
the time of installation and which have been properly maintained, shall, except for the inspection
and maintenance requirements,be excluded from the requirements of these rules so long as the
Approving Authority is assured that they will satisfactorily protect the public water system.
Whenever the existing assembly is moved from the present location or,requires more than the
minimum maintenance or,when the Approving Authority finds that the operation or
maintenance of this assembly constitutes a hazard to health,the assembly shall be replaced by an
approved backflow prevention assembly.
Where installation of an approved backflow prevention assembly is required it shall be
installed adjacent to the property line on the owner's side or between the water meter and the
building or the first branch of service. Any devices existing at this location shall be removed to
facilitate installation of the required backflow prevention assembly. (Ord.No. 96,-2 Sec. 5.)
10.24.06 Absence of backflow prevention assembly An approved backflow prevention
assembly shall be installed where the degree of hazard dictates. Time restraints will be
established based on the degree of hazard. Installation plans shall be approved by the Approving
Authority prior to the start of installation. Approved backflow prevention assemblies shall be
installed at the owner's property line immediately after the meter if one is installed, or at other
locations acceptable to the Approving Authority. (Ord.No. 96-2, Sec. 6.)
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10.24.07 New construction New construction plans shall be submitted to the Approving
Authority prior to desired installation date.Plan submission shall include detailed information as
required by the Approving Authority. (Ord.No. 96-2, Sec. 7.)
10.24.08 Requirement policy
No water service connection to any premises shall be installed or maintained by the
Approving Authority unless the water supply is protected as required by State laws and
regulations and this Ordinance Service of water to any premises shall be discontinued by the
Approving Authority if a backflow prevention assembly,required by this Ordinance,is not.
installed,tested and maintained, or if it is found that a backflow prevention assembly has been
removed,by-passed, or if an unprotected cross-connection exists on the premises. Service will
not be restored until such conditions or defects are corrected.
The customer's system should be open for inspection at all reasonable times to the
Approving Authority or his designated agent to determine whether cross-connections or other
structural or sanitary hazards,including violations of these regulations, exist.When such a
condition becomes known,the Approving Authority shall deny or immediately discontinue
service to the premises by providing for a physical break in the service line until the owner user
has corrected the condition(s)in conformance with State and City Statutes relating to plumbing
and water supplies and the regulations adopted pursuant thereto.
An approved backflow prevention assembly shall also be installed on each service line to
a customer's water system at or near the property line or immediately inside the building being
served; but in all cases,before the first branch line leading off of the service line wherever the
following conditions exist:
A. In the case of a premises having an auxiliary water supply which is not or may
not be of safe bacteriological or chemical quality and which is not acceptable as
an additional source by the approving authority,the public water system shall be
protected against backflow from the premises by installing an approved backflow
prevention assembly in the service line appropriate to the degree of hazard.
B. In the case of premises on which any industrial fluids or any other objectionable
substance is handled in such a fashion as to create an actual or potential hazard to
the public water system,the public water system shall be protected against
backflow fiom the premises by installing an approved backflow prevention
assembly in the service line appropriate to the degree of hazard. This shall include
the handling of process waters and waters originating from the utility system
which have been subject to deterioration in quality.
C. In the case of premises having (1)internal cross connections that cannot be
permanently corrected or controlled, or, (2)intricate plumbing and piping
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arrangements or where entry to all portions of the premises is not readily
accessible for inspection purposes,making it impracticable or impossible to
ascertain whether or not dangerous cross-connections exist,the public water
system shall be protected against backflow from the premises by installing an
approved backflow prevention assembly in the water service line. Such
installation shall be at the customer's expense, at the discretion of the Approving
Authority.
The type of backflow prevention assembly required in subsections 8.3.a,b, and c shall
depend upon the degree of hazard which exists as follows:
A. In the case of any premises where there is an auxiliary water supply as stated in
subsection 8.3.a of this section and it is not subject to any of the following rules,
the public water system shall be protected by an approved air-gap separation or an
approved reduced pressure principle backflow prevention assembly.
B. In the case of any premises where there is water or substance that would
objectionable but not hazardous to health, if introduced into the public potable
water system,the public water system shall be protected by an approved double
check valve assembly.
C. In the case of any premises where there is any material dangerous to health which O
is handled in such a fashion as to create an actual or potential hazard to the public
water system,the public water system shall be protected by an approved air-gap
separation or an approved reduced pressure principle backflow prevention
assembly. Examples of premises where these conditions will exist include sewage
treatment plants, sewage pumping stations, chemical manufacturing plants,
hospitals,mortuaries and plating plants.
D. In the case of premises where there are "uncontrolled" cross-connections, either
actual or potential,the public water system shall be protected by an approved air-
gap separation or an approved reduced pressure principle backflow prevention
assembly at the water service connection.
E. In the case of any premises where,because of security requirements or other
prohibitions or restrictions, it is impossible or impractical to make a complete in-
plant cross - connection survey,the public water system shall be protected against
backflow from the premises by either an approved air-gap separation or an
approved reduced pressure principle backflow prevention assembly on each water
service connection to the premises.
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Any backflow prevention assembly required herein shall be a model and size approved
by the Approving Authority. The term "Approved Backflow Prevention Assembly" shall mean
an assembly that has been manufactured in full conformance with the standards established by
the American Water Works Association entitled:
*AWE C506-84 Standards for Reduced Pressure Principle and Double Check Valve
Backflow Prevention Devices;
and,have met completely the laboratory and field performance specifications of the Foundation
for Cross - Connection Control and Hydraulic Research of the University of Southern California
established-by Specifications of Backflow Prevention Assemblies- Section 10 of the most
current issue of the MANUAL OF CROSS - CONNECTION CONTROL, Said AWWA and
FCCC&HR standards and specifications have been adopted by the Van Buren Water, Sewer and
Solid Waste Department. Final approval shall be evidenced by a "Certificate of Approval" issued
by an approved testing laboratory certifying full compliance with the said AWWA standards and
FCCC&HR specifications. The following testing laboratory has been qualified by the Approving
Authority to test and certify backflow preventers:
Foundation for Cross - Connection Control and Hydraulic
Research,University of Southern California
University Park
Los Angeles CA 90089
Testing laboratories other than the laboratory listed above will be added to an approved list
as they are qualified by the Approving Authority.
Backflow preventers which may be subjected to backpressure or backsiphonage that have
been fully tested and have been granted a Certificate of Approval by said qualified laboratory
and are listed on the laboratory's current list of Approved Backflow Prevention Assemblies" may
be used without further laboratory tests or qualifications. (Ord.No. 96-2, Sec. 8.)
10.24.09 Periodic testing
RPZAs and DCVAs shall be tested and inspected at least once annually. Periodic testing
shall be performed by a Certified Assembly Testing Technician at the Owner's expense.
Any backflow prevention assembly which fails a performance test shall be repaired or
replaced. Upon completion of any necessary repairs the owner shall cause the backflow
prevention assembly to be retested to insure correct operation. Water service shall be
discontinued if a RPZA fails a test and cannot be repaired immediately. Copies of all repair,
maintenance,testing and retesting reports shall be submitted to the Approving Authority.
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Backflow prevention assemblies will be tested more frequently than specified in 9.1
above,in cases where there is a history of test failures and the Approving Authority determines
that due to the degree of hazard involved,additional testing is warranted. Owner shall initiate
testing and bear the cost of the additional tests. (Ord.No. 96-2, Sec. 9.)
10.24.10 Administrative fees The Van Buren Water, Sewer, and Solid Waste
Commission shall adopt Administrative Fees which may include but not be].united to:
Charges for administrating the Cross- Connection Control Program such as;
A. Recovery costs
B. Bookkeeping costs
C. Recordkeeping costs
D. Inspection costs
E. Reporting costs
The Administrative Fee will be in addition to fire line charges and other charges for water
or sewer service. (Ord.No. 96-2, Sec. 10.)
10.24.11 Temporary use backflow prevention assemblies When using a public fire
hydrant as a temporary water source, it shall be protected by a RPZA. The water user shall use a
RPZA and a flow meter,which shall be obtained from the Approving Authodty. The water user O
shall be charged a deposit for the RPZA and meter. In addition,water user shall pay for water
usage. The Approving Authority shall install the RPZA and meter. The water user will notify the
Approving Authodty to disconnect the RPZA and meter and return it when no longer needed or
at the end of one year,whichever is sooner. If the RPZA and/or meter is lost or stolen the initial
deposit shall be forfeited RPZAs and meters shall only be used at the site for which initially
intended. (Ord.No. 96-2, Sec. 11.)
10.24.12 Reporting requirements The owner shall be responsible for properly filing
reports with the Approving Authority for each required backflow prevention assembly. In
addition to the administrative reports, any failure,removal,modification or replacement of an
RPZA or suspected backflow shall be reported immediately by telephone to the Approving
Authodty. Performance tests,replacement,repair and maintenance reports shall be filed within
two calendar days. (Ord.No. 96-2, Sec. 12.)
10.24.13 Records The owner shall keep records for each assembly. Installation drawings,
manufacturer,model, sedal number, date installed, and schedule of preventive maintenance and
technical data are the minimum record requirements. (Ord.No. 96-2, Sec. 13.)
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0
10.24.14 Protection of backflow prevention assemblies
No unauthorized person shall maliciously,willfully, or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the
backflow prevention assembly.
No person,without first obtaining written consent from the Approving Authority, shall
cover a backflow prevention assembly vault with earth or pavement, or otherwise render it
inaccessible. (Ord.No. 96-2, Sec. 14.)
10.24.15 powers and authorities of inspectors The Approving Authority,representatives
retained by the Van Buren Water, Sewer and Solid Waste Department and other duly employees
of the city bearing proper credentials and identification shall be permitted to enter all properties
for the purposes of inspection, observation and testing to verify adherence to the provisions of
this ordinance. The Approving Authority or their designated representative shall have no
authority to inquire into any processes including metallurgical, chemical, oil refining, ceramic,
paper or other industries beyond that point having a direct bearing on the determination of the
degree of hazard.Authorized personnel shall have authority to inspect and copy records
pertaining to the threat of a hazard to the City Water System.
The owner's property shall be available for inspection at all reasonable times to authorized
representatives of the Approving Authority to determine whether cross connections or other
structural or sanitary hazards, including violations of these regulations, exists.(Ord.No. 96-2,
Sec. 15.)
10.24.16 Variance
Request for deviation or relief from any of the provisions of this program shall be
submitted in writing to the Approving Authority. The Approving Authority shall not deviate
from the provisions of this ordinance,but may grant a variance in areas not addressed by
ordinance if not in conflict with the spirit and intent of the Cross-Connection Control Program.
Request for use of other than approved backflow prevention assemblies shall be accompanied by
technical data.
No action shall be taken on the part of the owner to proceed with any construction or
installation of which a request for deviation has been submitted,without the written permission
of the Approving Authority.
10.24.17 Enforcement Any owner found in violation of any of the provisions of this
ordinance, shall be served by the Approving Authority with written notice stating the nature of
the violation, describing the penalty applicable to the violation and providing a reasonable time
limit for the satisfactory
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correction thereof. The offender shall,within the period of time stated in such notice,
permanently cease all violations. The owner may deliver by certified mail to the Approving
Authority,within five (5) days of receipt of such notice, a written request for a hearing before the
Approving Authority at which hearing the owner shall be given an opportunity to show cause
why the notice should be rescinded or modified.
Any notice issued pursuant to this subsection may provide one or more of the following
penalties:
A. A civil penalty of not more than$1,000.00 for each violation of the ordinance,
and each day of a continuing violation may be deemed a separate violation; and,
B. A compliance directive with time schedule mandating procedures which would
bring the owner into compliance with this ordinance within the designated time
schedule, or termination of water service upon noncompliance with the
compliance directive time schedule; and,
C. Termination of water service to the owner.
The Approving Authority shall utilize this ordinance and the Cross Connection Program,
which is passed by the Van Buren City Council and adopted by the Board of Commissioners on
the effective date of this ordinance, and confirmed hereby, in(1)the initial issuance of penalties 0
set forth in notices issued pursuant to this subsection and(2)in the administrative adjustment or
amendment to any such penalty as a result of a hearing requested by the owner pursuant to the
provisions of this sub-section.No action to terminate an owner's water service shall be final until
the Approving Authority has given notice,unless it has been determined that to continue to
provide water service would endanger the public health, due to possible contamination of the city
water system. This situation would constitute grounds for immediate termination of applicable
water service to the property.
Any person violating the provisions of the ordinance shall become liable to the Van
Buren Water, Sewer, and Solid Waste Department for any expense, loss or damage occasioned
the Van Buren Water, Sewer, and Solid Waste Department by reason of such violation.
The listing of penalties in this Section shall not preclude other appropriate judicial
remedies available with reference to any violation of this ordinance. In particular,the city may
petition any court of competent jurisdiction to grant injunctive or other legal or equitable relief
by reason of a violation.No judicial action against an owner to collect a civil penalty for
violation of shall be commenced without a majority vote of the Board of Commissioners of the
Van Buren Water, Sewer and Solid Waste Department(Ord.No. 96-2, Sec. 17.)
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CHAPTER 10.28
UTILITY ASSISTANCE PROGRAM
Sections:
10.28.01 Established
10.28.02 Availability
10.28.03 Eligibility
10.28.04 Forms
10.28.05 Notification
10.28.06 Income table
10.28.01 Established There is hereby established a utility assistance program entitled
Project Concern hereinafter referred to as the program. (Ord.No. 2002-6, Sec. 1.)
10.28.02 Availability The program is available to all persons who use utility services for
residential purposes solely. (Ord.No. 2002-6, Sec. 2.)
10.28.03 Eli 'big ility_ The following eligibility requirements must be met, in addition to
the requirements in 10.28.02,in order to participate in the program.
A. The applicant's utility account must be in the applicant's legal name.
B. Applicants applying for the program must furnish the department a current copy
of his or hers federal and state tax return. If applicant is not required to file a tax
return then they will be required to sign an affidavit stating all income and the
source of that income. The applicant will be required to furnish the department
this information by April 306'of each year. If the department isn't furnished this
information by April 30t',then the applicant will be terminated from the program.
C. The applicant will be required to keep their utility bill current, failure to do so
shall cause the applicant to be ineligible for the program. (Ord.No. 2002-6, Sec.
3.)
10.28.04 Forms Customers who have been approved to participate in the program who
move from one address to another must apply for continued participation in the program prior to
moving to the new address. Each application shall meet all requirements established in 10.28.02
and 10.28.03. All customers wishing to receive continuing assistance shall meet all requirements
established in 10.28.03. The forms for application shall be approved in advance by the Van
Buren Municipal Utilities. The Van Buren Municipal Utilities Manager or his designated agent
shall confirm or reject all such determinations of eligibility for the program. (Ord.No. 2002-6,
O Sec.4.)
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10.28.05 Notification Any person whose eligibility for the program is denied shall be
notified in writing. Such persons shall have a period of ten(10) days to request in writing further
viewing before the Utilities Commission. At such time the applicant shall be entitled to present
any desired information regarding the eligibility question. (Ord.No. 2002-6, Sec. 5.)
10.28.06 Income table The following income table will be adopted by the department
and will be reviewed and adjusted if necessary every two years. If applicant qualifies for the
program,the following discounts will be applied to their utility bill.
Meter Base Charge 50% $2.38
Unit Charge up to 5,000 gallons 50% 1.30
Sewer Base Charge 40% 3.53
Sanitation Charge 25% 7.64
Size of Family Income
One person 13,700
Two persons 15,650
Three persons 17,600
Four persons 19,500
Five persons 21,100
Six persons 22,700
Seven persons 24,250
Eight persons 25,800
(Ord.No. 2002-6, Sec. 6.)
CHAPTER 10.30
IDENTITY THEFT PREVENTIONPROGRAM
Sections:
10.3 0.01 Title
10.30.02 Purpose
10.30.03 Definitions
10.30.04 Findings
10.30.05 Red flags
10.30.06 Red proof of identity
10.30.07 Red confidentiality of applications and account information
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10.30.08 Red access to utility account information
10.30.09 Red credit card transactions
10.30.10 Red suspicious transactions,
10.30.11 Notification of law enforcement
10.30.12 Third-party service providers
10.30.13 Compliance officer and training
10.30.14 Annual report
10.30.01 Title This chapter shall be known as the Van Buren Identity Theft Prevention
Program. (Ord.No. 2008-25, Sec. 1.)
10.30.02 Purpose The purpose of this chapter is to comply with 16 CFR 681.2 in order
to detect,prevent and mitigate identity theft by identifying and detecting identity theft red flags
and by responding to such red flags in a manner that will prevent identity theft. (Ord.No. 2008-
25, Sec. 2.)
10.30.03 Definitions For purposes of this chapter,the following definitions apply:
City means the city of Van Buren,Arkansas.
Covered account means
A. An account that a financial institution or creditor offers or maintains,primarily for
personal,family,or household purposes,that involves or is designed to permit
multiple payments or transactions, such as a credit card account,mortgage loan,
automobile loan,margin account, cell phone account,utility account, checking
account, or savings account; and
B. Any other account that the financial institution or creditor offers or maintains for
which there is a reasonably foreseeable risk to customers or to the safety and
soundness of the financial institution or creditor from identity theft,including
financial, operational, compliance,reputation, or litigation risks.
Credit means the right granted by a creditor to a debtor to defer payment of debt or to
incur debts and defer its payment or to purchase property or services and defer payment
therefore.
Creditor means any person who regularly extends,renews, or continues credit; any
person who regularly arranges for the extension,renewal, or continuation of credit; or any
assignee of an original creditor who participates in the decision to extend,renew, or continue
credit and includes utility companies and telecommunications companies.
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Customer means a person that has a covered account with a creditor.
Identity theft means a fraud committed or attempted using identifying information of
another person without authority.
Person means a natural person, a corporation, government or governmental subdivision
or agency,trust, estate,partnership, cooperative, or association.
Personal identifying information includes but is not limited to a person's credit card
account information, debit card information bank account information and drivers' license
information and for a natural person includes their social security number,mother's birth name,
and date of birth.
Red flag means a pattern,practice, or specific activity that indicates the possible
existence of identity theft.
Service provider means a person that provides a service directly to the city.
(Ord.No. 2008-25, Sec. 3.)
10.30.04 Findings The Federal Trade Commission(FTC)requires every utility,
including public water and sewer systems, such as the Van Buren Water and Sewer Department,
to implement an Identity Theft Prevention Program(ITPP). The FTC requirements and
regulations are necessary because of 114 of the Fair and Accurate Credit Transactions Act
(FACTA). The FTC has set forth the ITPP requirement in 16 CFR 681.2. Identity theft is
defined as a fraud committed or attempted using identifying information of another person
without authority. The city of Van.Buren adopts the program set forth in this chapter to comply
with FTC rules and regulations. In drafting its ITPP,the city has considered:
A. The methods it provides to open its accounts;
B. The methods it provides to access its accounts; and
C. Its previous experiences with identity theft.
Based on these considerations,the City Council hereby determines that the City Water
and Sewer Department is a low to moderate risk entity, and as a result develops and implements
the streamlined ITPP set forth hereto. Further,the city determines that the only covered accounts
offered by the city are those under its water and sewer utilities. (Ord.No. 2008-25, Sec. 4.)
10.30.05 Red flags The FTC regulations identify numerous red flags that must be
considered in adopting an ITPP. The FTC has defined a red flag as a pattern,practice, or
specific activity that indicates the possible existence of identity theft. The city identifies the
following red flags from the examples provided in the regulations of the FTC.
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A. Notifications from consumer reporting agencies The city does not request,
receive, obtain or maintain information about its utility customers from any
consumer reporting agency.
B. Suspicious documents—Possible red flags include:
1. Presentation of documents appearing to be altered or forged;
2. Presentation of photographs or physical descriptions that are not consistent
with the appearance of the applicant or customer;
3. Presentation of other documentation that is not consistent with the
information provided when the account was opened or existing customer
information;
4. Presentation of information that is not consistent with the account
application; or
5. Presentation of an application that appears to have been altered,forged,
destroyed, or reassembled.
C. Suspicious personal identifying information—Possible red flags include:
1. Personal identifying information is being provided by the customer that is
not consistent with other personal identifying information provided by the
customer or is not consistent with the customer's account application;
2. Personal identifying information is associated with known fraudulent
activity;
3. The social security number(if required or obtained)is the same as that
submitted by another customer;
4. The telephone number or address is the same as that submitted by another
customer;
5. The applicant's failure to provide all personal identifying information
requested on the application; or
6. The applicant or customer's inability to provide authenticating information
beyond that which generally would be available to a consumer.
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C. Unusual use of or suspicious activity related to an account—Possible re red flags
include:
1. A change of address for an account followed by a request to change the
account holder's name;
2. A change of address for an account followed by a request to add new or
additional authorized users or representatives;
3. An account is not being used in a way that is consistent with prior use
(such as late or no payments when the account has been timely in the
past);
4. A new account is used in a manner commonly associated with known
patterns of fraudulent activity(such as customer fails to make the first
payment or makes the first payment but no subsequent payments);
5. Mail sent to the account holder is repeatedly returned as undeliverable;
6. The city receives notice that a customer is not receiving his paper
statements; or
7. The city receives notice of unauthorized activity on the account. O
E. Notice regarding possible identi y theft—Possible red flags include: notice from
a customer, an identity theft victim,law enforcement personnel or other reliable
sources regarding possible identity theft or phishing related to utility accounts.
(Ord.No. 2008-5, Sec. 5.)
10.30.06 Red proof of identity Any person or entity opening a utility account shall
provide a complete application and provide satisfactory evidence of their identity and/or address.
Said proof may include but not be limited to: a valid driver's license,passport, state,federal,
employer, or school-issued identification card, or military identification card. The required
application must be completed in its entirety and must be signed in order to establish a utility
account. (Ord.No. 2008-5, Sec. 6.)
10.30.07 Red confidentiality of applications and account information All personal
information,personal identifying information, account applications and account information
collected and maintained by the city shall be a confidential record of the city and shall not be
subject to disclosure unless otherwise required by state or federal law. Additionally, any
employee with access to utility customers' personal information, account applications or account
information shall be required to keep such information in confidence and protect the privacy of
customers, and may be required to execute and abide by a written confidentiality and non-
disclosure policy. (Ord.No. 2008-5, Sec. 7.)
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10.30.08 Red access to utility account information Access to utility account information
shall be limited to employees that provide customer service and technical support to the city's
utilities. Any computer that has access to utility customer account or personal identifying
information shall be password protected and all computer screens shall lock after no more than
fifteen(15)minutes of inactivity. All paper and non-electronic based utility account or customer
personal identifying information shall be stored and maintained in a lock room or cabinet and
access shall only be granted by the compliance officer or his/her designee, or in the alternative
shall be scanned for secure,password protected, digital storage, and then shredded. (Ord.No.
2008-5, Sec. 8.)
10.3 0.09 Red credit card transactions In the event credit cards are added as a payment
option for utility accounts, all internet or telephone credit card payments shall only be processed
through a third-party service provider which certifies that it has an identity theft prevention
program operating and in place. Credit card payments accepted in person shall require a
reasonable connection between the person or entity billed for the utility services and the credit
card owner. (Ord.No.2008-5, Sec. 9.)
10.30.10 Red suspicious transactions Suspicious transactions include but are not limited
to the presentation of incomplete applications;unsigned applications;payment by someone other
than the person named on the utility account;presentation of inconsistent signatures, addresses or
identification. Suspicious transactions shall not be processed and shall be immediately referred
to the Compliance Officer. (Ord.No. 2008-5, Sec. 10.)
10.30.11 Notification of law enforcement The Water Superintendent/Director shall use
his/her discretion on whether to report suspicious transactions to the Police Department or other
appropriate law enforcement. (Ord.No. 2008-5, Sec. 11.)
10.30.12 Third-party service providers All transactions processed through a third-party
service provider shall be pennitted only if the service provider certifies that it has complied with
the FTC regulations and has in place a consumer identity theft prevention program. (Ord.No.
2008-5, Sec. 12.)
10 30 13 Compliance Officer and training The Compliance Officer for this ITPP and
chapter shall be the Water Superintendent/Director or his/her designee. The Compliance Officer
shall conduct training of all city utility employees that transact business with customers of the
city's utilities. The Compliance Officer shall periodically review this program and recommend
any necessary updates to the City Council. (Ord.No. 2008-5, Sec. 13.)
10.30.14 Annual report An annual report, as required by FTC regulations, shall be
provided by the Water and Sewer Department Superintendent/Director to the Mayor and City
Council. The contents of the annual report shall address and/or evaluate at least the following:
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A. The effectiveness of the policies and procedures of the city in addressing the risk
of identity theft in connection with the opening of utility accounts and with
respect to access to existing utility accounts; and
B. Software, credit-card processing, and service provider arrangements; and
C. Any incidents involving identity theft, or suspected identity theft,with utility
accounts and the city's remedial response; and
D. Any changes, or proposed changes,in methods to identify identity theft and/or to
prevent identity theft; and
E. Any recommendations for changes or modifications to the city's ITPP.
(Ord.No. 2008-5, Sec. 14.)
168.28