ORD NO 03-1991 ORDINANCE NO. 3 /771
AN ORDINANCE AMENDING ORDINANCE NO. 7 -1990, ESTABLISHING
CIVIL PENALTIES AND PROVIDING FOR SURCHARGES FOR SIGNIFICANT
INDUSTRIAL DISCHARGES IN ADDITION TO NORMAL SEWER SERVICE
CHARGES AND DECLARING AN EMERGENCY.
WHEREAS, the City of Van Buren, Arkansas, in Ordinance No.
7 -1990 which is presently codified as Van Buren Municipal
Code 10.08.01 through 10.08.13, provides that significant
industrial discharges defined as non resident users which
normally discharge wastewater to the POTW in quantities of 25,000
gallons per day or greater or whose waste contains or has the
potential to contain toxic pollutants, restricted pollutants or
non compatible pollutants, shall in addition to normal sewer
service be assessed by the Water and Sewer Commission a separate
civil penalty and /or a separate surcharge when wastewater
characteristics exceed certain parameters set by the Water and
Sewer Commission by Ordinance; and,
WHEREAS, it is important for the City to assess penalties
and surcharges for dischargers that exceed the limits in order to
force significant industrial dischargers to restrict pollutants
or non compatible pollutants; and,
WHEREAS, said restrictions are necessary in order to protect
the Van Buren Sewer System including the treatment plant in order
to protect the health, safety and welfare of the inhabitants of
the City of Van Buren, Arkansas.
0
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the City
Council of the City of Van Buren, County of Crawford, State of
Arkansas, that Chapter 10 of the Van Buren Municipal Code is
hereby amended to contain the following additional Sections to be
codified as follows:
SECTION 10.08.14: APPLICATION OF DEFINITIONS
That for the purpose of this Ordinance the definitions as
set out in Van Buren City Ordinance No. 7 -1990 as the definitions
therein shall also apply to this Ordinance.
SECTION 10.08.15: PURPOSE
The purpose of this Ordinance is to establish surcharges and
civil penalties enabled under Van Buren Municipal Code Section
10.08.07.
SECTION 10.08.16: CIVIL PENALTIES
Significant industrial dischargers shall in addition to
normal sewer service charges and surcharges be assessed by the
Water and Sewer Commission a separate civil penalty when
wastewater characteristics exceed parameters herein established.
Said Civil penalties shall be as follows:
1. 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 Water and
Sewer Commission for each significant industrial
discharger permit, i.e. ($2.00) x (Lbs B.O.D. LIMIT)
Per 1000 gallons
2. Total Suspended Solids
$2.00 per pound of T.S.S. discharged for waste strength
concentrations discharged greater than the mass
proportion limits as established by the Water and Sewer
Commission for each significant industrial discharger
permit, i.e. ($2.00) x (LBS TSS LIMIT) per 1000
gallons.
3. 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.
4. Fats, Oils, and Greases
$5.00 per pound of fats, oils, and greases for
wastewater discharges exceeding 100 mg /L of fats,
oils, and greases, i.e. ($5.00) x (FOG -100) x
(0.00834) per gallons.
5. Other Limited Parameters
The following parameters are limited in concentration
by the Van Buren Water and Sewer Commission through
ordinance.
Cadmium, chromium, copper, cyanide, lead, mercury,
nickel, silver, zinc, arsenic, selenium, and phenols.
$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 Water and Sewer
Commission as authorized by ordinance.
SECTION 10.08.17: SURCHARGES
Significant industrial dischargers shall in addition to
normal sewer service charges and civil penalties be assessed by
the Water and Sewer Commission a separate surcharge to cover the
additional cost of treatment when wastewater characteristics
exceeds parameters herein established.
1. Biochemical Oxygen Demand
.50 per pound of BOD5 discharged for waste strength
concentrations discharged greater than 250 mg /L,
i.e. (.50) x (BOD -250) x (0.00834) per thousand
gallons.
2. Total Suspended Solids
.50 per pound of TSS discharged for waste strength
concentrations discharged greater 250 mg /L, i.e.
(.50) (TSS -250) (0.00834) per thousand gallons.
SECTION 10.08.18: SAMPLES
The above charges may be based on sample test result by both
the user and /or the Van Buren Water and Sewer Commission or
Department. A split sample for the purpose of establishing
charges shall be made available to the use by the Commission
or Department upon written request: Final determination as to
charges based on test results other than appeal procedures shall
be within the Van Buren Water and Sewer Department.
SECTION 10.08.19: WAIVER
That 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 Sections 10.08.01 and following.
OTHER PROVISIONS
That all other Sections encompassed by Ordinance No. 7 -1990
not herein specifically changed shall remain in full force and
effect.
EMERGENCY CLAUSE
That the establishment of civil penalties for abuses to the
Van Buren Water and Sewer treatment facilities is necessary in
order to stop said abuses and that violation of such creates
0
aped]. to the health, welfare and safety of the inhabitants of
the City of Van Buren, Arkansas, and therefore, an emergency is
declared to exist and this Ordinance shall take effect
immediately upon its passage.
PASSED AND APPROVED this 24TH day of JANUARY
1991.
/keep__ 4
ALLEN RAY HAKER, MAYOR
ATTEST;
■A/ /.i «s
A N GRAHAM, CITY CLERK
0