ORD NO 01-1992 ORDINANCE NO. 1992
AN ORDINANCE AMENDING ORDINANCE NO. 6 -1990 AND ORDINANCE
NO. 3 -1991 AND ADDING TO VAN BUREN MUNICIPAL CODE CHAPTER AND
SECTION 10.08.07 AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of Van Buren, Arkansas,
establishes rules and regulations for the discharge of wastewater
into the wastewater treatment system of the City of Van Buren,
Arkansas, when it passed Ordinance No. 6 -1990. Said Ordinance
was amended by Ordinance No. 3 -1991 on the 24th day of January,
1991; and,
WHEREAS, the authority to establish civil penalties is cited
in Van Buren Municipal Code Section 10.08.07 subsection 1 and the
method for determination of amount of civil penalties is set out
in Van Buren Municipal Code Section 10.08.16; and,
WHEREAS, criminal penalties are, provided in Van Buren
Municipal Code Section 10.08.07 subsection 3; and,
WHEREAS, the federal minimum requirements are set out in 40
CFR 403.8 (f)(1)(vi)(A) and Arkansas Legislature in 1991 has
passed Act 884 providing minimum requirements as to civil or
criminal penalties assessed against violators.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the City
Council of the City of Van Buren, Arkansas, that Section 10.08.07
subsection 3 is hereby amended to provide as follows:
3. Criminal Penalties
Any person who knowingly makes any false statement,
representation or certification in any application, record,
report, plan or other document filed or required to be maintained
pursuant to this Ordinance, or Wastewater Discharge Permit, or
who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this Ordinance or who
shall violate this Ordinance in any other way upon being
convicted of violating this Ordinance, shall, be guilty of a
misdemeanor and thereupon be fined no more than $1,000 for each
offense. Each day on which a violation shall occur or continues
to occur shall be deemed to be separate and distinct offenses.
In addition to the penalties herein provided, the City of Van
Buren may recover reasonable attorney's fees, court costs, court
reporters' fees and other expenses of litigation by appropriate
suit at law against the person(s) found to have violated this
Ordinance.
That Section 10.08.07 subsection 4 is hereby added to the
Van Buren Municipal Code and shall read as follows:
4. Limitation as to Criminal and /or Civil Penalties
That the Authority pursuant to this Ordinance and in
accordance with Act 884 of 1991 and its successor legislation, if
any, shall have the authority to collect those civil and criminal
penalties as set out in Van Buren Municipal Code Section 10.08.07
in a court of competent jurisdiction such civil and criminal
penalties in an amount not to exceed $1,000 for each violation by
industrial users of pretreatment standards or requirements.
EMERGENCY CLAUSE:
It is ascertained and declared that there is an immediate
need in order to protect the pretreated waste entering the
City's sewer system in order to protect the health, lives and
property of the inhabitants of the City of Van Buren, Arkansas,
therefore, an emergency is found to exist and this Ordinance is
necessary for the preservation of public peace, health and safety
and shall take effect and be in force without delay, and same
shall be enforced immediately.
PASSED AND APPROVED this 2 7 44 day of 1992.
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MAYOR, CITY 0 BUREN
ATTEST:
CIT CLER