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ORD NO 06-1990 ,J q ORDINANCE NO. (p /Gy O AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE DISCHARGE OF WASTEWATERS INTO THE WASTEWATER TREATMENT SYSTEM OF THE CITY OF VAN BUREN, ARKANSAS, REPEALING VAN BUREN MUNICIPAL CODE CHAPTER 10.08 AND SUBSTITUTING THE PROVISIONS HEREIN SET OUT AND DECLARING AN EMERGENCY. WHEREAS, the Clean Water Act, 33 U.S.C. 1251 et seq, as amended (hereinafter referred to as the "Act has resulted in an unprecedented program of cleaning up our Nation's waters; WHEREAS, the City has previously passed an Ordinance which is codified as Chapter 10.08 of the Van Buren Municipal Code. That amendments to said previous Chapter had become necessary and it is the intent of this Ordinance to repeal the previous Ordinance and substitute the terms and conditions contained within this Ordinance for said previous Chapter. WHEREAS, this City seeks to provide for the use of its wastewater treatment system by industries served by it without damage to the physical facilities, without impairment of their normal function of collecting, treating and discharging domestic wastewater, and without the discharge by this City's wastewater treatment system of pollutants which would violate the discharge allowed under its National Pollutant Discharge Elimination System (NPDES) permit and the applicable rules of all governmental authorities with jurisdiction over such discharges. 0 NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the City Council of the City of Van Buren, County of Crawford, State of Arkansas, as follows: SECTION 10.08.01: DEFINITIONS Act The Clean Water Act (33 U.S. C. 1251 et seq), as amended. Authority The City of Van Buren, Arkansas. BOD Biochemical Oxygen Demand means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20 C, expressed in terms of weight and concentration (milligrams per liter). Categorical National Pretreatment Standards specifying Pretreatment quantities or concentrations of pollutants or Standards pollutant properties which may be discharged or introduced into a POTW by specific Industrial Dischargers. Cooling The Water discharged from any use such as air Water conditioning, cooling or refrigeration during which the only pollutant added to the water is heat. Commission The Van Buren Water and Sewer Commission which shall be the administrative representative of the Authority. Compatible Such pollutants as BOD, suspended solid, pH, fecal Pollutant 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 Water and Sewer Department. Discharger- Any non residential user who discharges an effluent Industrial into a POTW by means of pipes, conduits, pumping Discharger stations, force mains, constructed drainage ditches, surface water intercepting ditches and all constructed devices and appliances appurtenant -2- thereto. Indirect The discharge or the introduction of non domestic Discharge pollutants from a source regulated under Section 307 (b) or (c) of the Act, into the POTW. Interference The inhibition or disruption of a POTW's sewer system, treatment processes or operations which may contribute to a violation of any requirement of its NPDES permit. Local Limits The limitations established by the Van Buren Water and Sewer Commission by a significant industrial discharger to the public sewer system. May Is permissive or discretionary. NPDES National Pollutant Discharge Elimination System permits program as administered by the U.S. EPA or the State of Arkansas. 0 and M Operation and Maintenance. Other Waste Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes. pH The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution. Pollutant Any substance discharged into a POTW or its collection system, listed in Appendices A and B hereto. POTW Any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the Authority. Pretreatment The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. Restricted Any substances discharged into the POTW or its Pollutants collection system which is listed in Appendices A 0 -3- and /or B hereto or which has properties as described in Section 2.01 of this Ordinance. Sewage Water- carried human wastes or a combination of water carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present. Sewer Any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source. Shall Is mandatory. SIC Classification of uses based on the 1972 (or subsequent) edition of the Standard Industrial Classification Manual prepared by the Office of Management and Budget. Slugload Any discharge of water or wastewater which is in concentration of any given constituent or in quantity of flow which exceeds for any period of duration longer than 15 minutes more than five (5) times the average twenty four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and /or performance of the wastewater treatment works. Superintendent The Superintendent of the Van Buren Water and Sewer Department, operating under the immediate direction of the Van Buren Water and Sewer Commission. Suspended The total suspended matter that floats on the Solids surface of, or is suspended in water, wastewater or other liquids which is removable by laboratory filtering. Toxic Those substances listed in Appendix A herein. Pollutants Upset An exceptional incident in which a Discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in Appendices A and B hereto due to factors beyond the reasonable control of the Discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or 0 -4- 0 improper operation thereof. Wastewater Industrial waste, or sewage or other waste including that which may be combined with any ground water, surface water or storm water, that may be discharged to the POTW. Significant For the purposes of this Ordinance, any Industrial nonresidential user which normally discharges Discharger wastewater to the POTW in quantities of 25,000 gallons per day or greater or whose wastewater contains or has the potential to contain toxic pollutants, restricted pollutants, or non compatible pollutants. SECTION 10.08.02 REGULATIONS 1. GENERAL DISCHARGE PROHIBITIONS No Discharger shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater treatment system or otherwise to the facilities or the Authority. a) Any liquids, solids or gases which by reason of their nature or quantity are, or maybe, sufficient either alone or by interaction to cause fire or explosion 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. 0 -5- 0 d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, or to exceed the limitation set forth in Categorical Pretreatment Standards Appendix B hereto. A toxic pollutant shall include but not be limited to any pollutant identified in the Toxic Pollutant List set forth in Appendix A hereto. 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. 0 -6- 0 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 degrees C (104 degrees F). j) Any slugload, which shall mean any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a single extraordinary discharge episode of such volume or strength as to cause interference to the POTW. k) Any unpolluted water including, but not limited to non contact cooling water. 1) Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as to exceed limits established by the Authority 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 0 -7- 0 containing any substances which may solidify or become viscous at temperatures between 0 degrees C (32 degrees F) and 65 degrees C (150 degrees F). 2. Limitations on Wastewater Strength 2.1 National Categorical Pretreatment Standards National categorical pretreatment standards as promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act (and as adopted as Appendix B hereto) shall be met by all Discharges of the regulated industrial categories. An application for modification of the national categorical pretreatment standards may be considered for submittal to the Regional Administrator by the Authority, when the Authority's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR Sect. 403.7. 2.2 State Requirements State requirements and limitations on discharges to the POTW shall be met by all Dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this or any other applicable ordinance. 2.3 Right of Revision The Authority reserves the right to amend this Ordinance to provide for more stringent limitations or requirements on 0 -8- 0 discharges to the POTW where deemed necessary to comply with the objectives set forth in the preamble of this Ordinance. 2.4 Dilution No Discharger shall increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this Ordinance. 2.5 Supplementary Limitations No Discharger shall discharge wastewater to the public sewer system which shall cause the POTW to which the sewer system is tributary to fail to meet the NPDES discharge limits for that POTW, or fail to meet the limits imposed by the Arkansas Water Quality Standards (latest revision). The Van Buren Water and Sewer Commission shall adopt and impose discharge limits for any and all users of the system as required to meet these standards. The discharge limits shall be technology based limits predicated on the capability of the respective treatment facility to receive and to treat the wastewater loading, or headworks loading, and to (1) meet the required discharge standards, to (2) prevent interference with the function and efficiency of the various treatment process, and to (3) prevent contamination of the treatment plant waste sludges which would prevent their ultimate disposal by -9- 0 landfill or land application. The Van Buren Water and Sewer Commission shall establish limits for industrial Dischargers based on an allocation of the treatment plant capacity to all industrial users. Commercial and residential users which are not classified as significant users shall not be the difference between the technology based allowable headworks loading plus a factor of safety or reserve capacity to be established by the Van Buren Water and Sewer Commission. The Van Buren Water and Sewer Commission shall have the authority to require the further reduction of a contaminant by the greater contributors of that contaminant to the POTW if the headworks loading of the contaminant exceed the capability of the POTW to meet the discharge standards. The headworks analysis may include, but shall not be limited to, the following parameters: Biochemical Oxygen Demand Silver Total Suspended Solids Zinc Ammonia Nitrogen Phenols Cadmium Arsenic Chromium Selenium Lead GCMS Organics Copper Nickel 0 -10- The Van Buren Water and Sewer Commission shall establish local industrial discharge limits such that the following headworks concentrations are not exceeded for each respective POTW (in milligrams per liter): Van Buren Main Van Buren Van Buren /Lee Creek Parameter (South) Plant North Plant Industrial Park Plant Biochemical Oxygen Demand 300 300 300 Total Suspended Solids 300 300 300 NH3 -N Cadmium 0.023 0.072 0.188 Chromium 0.981 0.085 1.027 Copper 0.363 0.044 0.175 Cyanide 0.051 0.065 0.103 Lead 0.101 0.085 0.174 Mercury 0.005 0.007 0.027 Nickel 0.361 0.082 0.813 Silver 0.250 0.034 0.234 Zinc 0.300 0.068 0.536 Phenols 40.8 Arsenic 0.100 0.058 0.043 Beryllium 0.001 Selenium 0.182 0.027 0.03 In addition, no discharger shall discharge wastewater containing any measurable trace amount above background amounts of the following: Antimony Pesticides Beryllium Rhenium Bismuth Strontium Cobalt Tellurium Fungicides Tin Herbicides Uranyl Ion Molybdenum 0 -11- 3.0 Accidental Discharges Each Dischargers shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this Ordinance. Where deemed to be necessary by the Authority, facilities to prevent accidental discharge or prohibited materials shall be provided and maintained at the Discharger's cost and expense. Detailed plans prepared by a registered professional engineer showing facilities and operating procedures to provide this protection shall be submitted to the Authority for review, and shall be approved by the Authority before construction of the facility. No new discharger who proposes to discharge to the POTW after the effective date of this Ordinance shall be permitted to introduce pollutants into the system until Accidental Discharge Protection Procedures have been approved by the Authority. Review and approval of such plans and operating procedures by the Authority shall not relieve the Discharge from the responsibility to modify its facility as necessary to meet the requirements of this Ordinance. Dischargers shall notify the Authority immediately upon the occurrence of a "slugload or accidental discharge of substances prohibited by this Ordinance. The notification shall include location of discharge, date and time thereof, type or waste, concentration and volume, and corrective actions. Any Discharger who discharges a slugload of prohibited materials shall be liable 0 -12- for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the Authority on account thereof under State or Federal law. Signs shall be permanently posted in conspicuous places on Discharger's premises, advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedure. Emergency notification contacts and procedures shall be specified within the Discharger's permit. SECTION 10.08.03: MONITORING FEES 1. Purpose It is the purpose of this section to provide for the payment of fees from Dischargers to the Authority's wastewater disposal system, to compensate the Authority for the cost of administration of the pretreatment program established herein. 2. Charges and Fees The Water and Sewer Commission shall adopt charges and fees which may include: a) Fees for monitoring, inspections and surveillance b) Fees for permit applications c) Fees for filing appeals d) Fees for reviewing accidental discharge procedures and construction c -13- 3. Review of Fee Structure The fee structure included in Section 10.08.03(2) shall be computed annually by Commission during the month of December and shall be corrected to represent the actual costs described by Section 10.08.03(1) and such shall determine the fee structure for the following 12 month period. SECTION 10.08.04: PARAMETERS FOR THE ESTABLISHMENT OF SEWER USE FEES 1. Purpose Sewer services shall not be provided to any industrial or commercial user at a rate which is less than the cost to the Authority for providing such service, including the installation, operation and maintenance of facilities required to provide the service. Rates for sewer service shall be that as provided by Ordinance. Billing of sewer use rates for wastewater whose parameters exceed local limits established by the Commission shall not constitute approval of such non complying discharge and shall not preclude enforcement action by the Authority. SECTION 10.08.05: ADMINISTRATION 1. Wastewater Dischargers It shall be unlawful to discharge sewage, industrial wastes or other wastes without a permit issued by the Authority to any sewer within the jurisdiction of the Authority and /or to the Authority's treatment work(s). -14- 2. Wastewater Discharge Permits 2.1 General Permits All significant Industrial Dischargers connecting to or proposing to connect to or to discharge sewage, industrial wastes and other wastes to the POTW shall obtain a Wastewater Discharging Permit before connecting to or discharging to the POTW. 2.2 Permit Application Significant Industrial Dischargers shall complete and file with the Authority, a permit application in the form prescribed by the Authority, and accompanied by the appropriate fee. Proposed new Dischargers shall apply at least 60 days prior to connecting to the POTW. No discharge permit shall be issued unless and until the following conditions have been met: a) Disclosure of name, address and location of the Discharger; b) Disclosure of Standard Industrial Classification (SIC) number; c) Disclosure of wastewater constituents and characteristics including but not limited to those mentioned in this Ordinance including Appendices as determined by bonafide chemical and biological analyses. Sampling and analysis shall be performed in 0 -15- 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 dischargers; 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 ms1 or other reproduction 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 Authority; h) Disclosure of the nature and concentration of any pollutants or materials prohibited by this Ordinance in the discharge, together with a statement regarding whether or not compliance is being achieved with this Ordinance on a consistent basis and if not, whether additional operation and maintenance activities and /or additional pretreatment is necessary for the Discharger to comply with this Ordinance. 0 -16- i) Where additional pretreatment and /or operation and maintenance activities will be required to comply with this Ordinance, the Discharger shall provide a declaration of the shortest schedule by which the Discharger will provide such additional pretreatment and /or implementation of additional operational and maintenance activities. (1) The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the Discharger to comply with the requirements of this Ordinance including, but not limited to dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing and letting construction and all other acts necessary to achieve compliance with this Ordinance. (2) Under no circumstance shall the Authority permit a time increment for any single step directed toward compliance which exceeds 9 months. (3) Not later than 14 days following each -17- 0 milestone date in the schedule and the final date for compliance, the Discharger shall submit a progress report to the Authority, including no less than a statement as to whether or not it complied with the increment of progress presented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delays and the steps being taken by the Discharger to return the construction to the approved schedule. In no event shall more than 9 months elapse between such progress reports to the Authority. j) Disclosure of each product provided by type k) Disclosure of the type of raw materials utilized; 1) All permit applications for new or modified permits shall be signed by an agent of the Discharger authorized to make such applications and by a professional engineer licensed to practice in the State of Arkansas, and all renewal applications for existing permits shall be signed by an agent of the Discharger authorized to make such Applications; m) All sewers shall have an inspection and sampling manhole or structure with an opening of no less than 24 inches diameter and an internal diameter of 0 -18- no less than 36 inches containing flow measuring, recording and sampling equipment as required by the Authority in the Discharger's permit to assure compliance with this Ordinance. The Authority will evaluate the complete application and data furnished by the Discharger and may require additional information. Within 60 days after acceptance of the date furnished, the Authority shall issue a Wastewater Discharge Permit subject to terms and conditions provided herein. 2.3 Permit Modifications The Authority reserves the right to amend any Wastewater Discharge Permit issued hereunder in order to assure compliance by the Authority with applicable laws and regulations. Within 9 months of the promulgation of a National Categorical Pretreatment Standard, the Wastewater Discharge Permit of each Discharger subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards. All National Categorical Pretreatment Standards adopted after the promulgation of this Ordinance shall be adopted by the Authority as part of this Ordinance. Where a Discharger, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a Wastewater Discharge Permit as required by Section 10.08.05(2.2), the 0 -19- 0 Discharger shall apply for a Wastewater Discharge Permit from the Authority within 180 days after the promulgation of the Applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, the Discharger with an existing Wastewater Discharge Permit shall submit to the Authority within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by paragraphs (h) and (i) of Section 10.08.05(2.2). The Discharger shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 2.4 Permit Conditions Wastewater Discharge Permits shall specify no less than the following: a) Fees and charges to be paid upon initial permit issuance; b) Limits on the average and maximum wastewater constituents and characteristics regulated thereby; c) Limits on average and maximum rate and time of discharge and /or requirements for flow regulations and equalization; d) Requirements for installation and maintenance of inspection and sampling facilities; 0 -20- e) Special conditions as the Authority 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; g) Requirements for submission of special technical reports or discharge reports where same differ from those prescribed by this Ordinance 2.5 Permits Duration All Wastewater Discharge Permits shall be issued for a period of three years, subject to amendment or revocation as provided in this Ordinance. Under extraordinary circumstances, a permit may be issued for a stated period or may be stated to expire on a specific date. Dischargers shall be responsible for reapplying at least 90 days prior to the expiration of their permit. 2.6 Limitations on Permit Transfer Wastewater Discharge Permits are issued to a specific Discharger for a specific operation and are not assignable to another Discharger without written permission of the Commission nor are the wastewater permits transferable to another location. 0 -21- 3. Reporting Requirements for Permittee 3.1 Compliance Date Report Within 90 days following the date for final compliance by the Discharger with applicable Pretreatment Standards set forth in this Ordinance or 90 days following commencement of the introduction of wastewater into the POTW by a New Discharger, any Discharger subject to this Ordinance shall submit to the Authority a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional O &M and /or pretreatment is necessary to bring the Discharger into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be signed by a duly authorized representative of the Discharger. 3.2 Periodic Compliance Reports (1) Any Discharger subject to a Pretreatment Standard set forth in this Ordinance, after the compliance date of such Pretreatment Standard, or, in the case of a new Discharger, after commencement of the discharge to the Authority shall submit to the Authority during the months of June and December, unless specifically required more frequently by the -22- Authority, a report indicating the nature and concentration, of prohibited or regulated substances in the effluent which are limited by the Pretreatment Standards hereof. In addition this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported in Section 10.08.05(3.1) hereof. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Authority may accept reports of average and maximum flows estimated by verifiable techniques. The Authority, 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 months other than those specified above. This report shall be signed by a duly authorized agent of the Discharger. (2) Reports of permittees shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the Authority. The frequency of monitoring by the Discharger shall be as prescribed in the applicable Pretreatment Standard of this Ordinance. All analyses shall be performed in accordance with 40 CFR, Part 136 and amendments thereto. (Comment: Where 40 CFR, Part 136 does not include a sampling -23- or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator or the U.S. EPA) 4. Monitoring Facilities Each significant Industrial Discharger shall provide and operate at the Discharger's own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the Authority. Each monitoring facility shall be situated on the Discharger's premises, except where such a location would be impractical or cause undue hardship on the Discharger, the Authority may concur with the facility being constructed in the public street or sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the Discharger. -24- 19 All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of permit by Discharger. 5. Inspection and Sampling The Authority may inspect the monitoring facilities of any Discharger to determine compliance with the requirements of this Ordinance. The Discharger shall allow the Authority or its authorized representatives to enter upon the premises of the Discharger at all reasonable hours, for the purposes of inspection, sampling, or records examination. The Authority shall have the right to set up on the Discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and /or metering operations. The Authority shall have the right to an equal and identical portion of any bonafide sample (upon demand) collected by the Discharger from waste streams being discharged to the POTW. The Discharger shall have the right to an equal and identical portion of any bonafide sample (upon demand) collected by the Authority from waste streams being discharged to the POTW. The Authority shall provide written notification to the Discharger of the results of any and all analyses made with the sample. 0 -25- 6. Confidential Information Information and data furnished to the Authority with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the Discharger specifically requests and is able to demonstrate to the satisfaction of the Authority 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 Discharger. When requested by a Discharger a Discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Ordinance, the National Pollutant Discharge Elimination System (NPDES) Permit, State Disposal System permit and /or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the Discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information specifically designated as and accepted by the Authority as being confidential, shall not be transmitted to any governmental agency by the Authority until and unless a ten -day notification is given to the Discharger. -26- 0 SECTION 10.08.06: ENFORCEMENT 1. Emergency Suspension of Service and Discharge Permits The Authority may, for good cause shown, suspend the wastewater treatment service and the Wastewater Discharge Permit of a Discharger when it appears to the Authority 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, violate any pretreatment limits imposed by this Ordinance. Any Discharger notified of the suspension of the Authority's wastewater treatment service and /or the Discharger's Wastewater Discharger Permit, shall within a reasonable period of time, as determined by the Authority, cease all discharges. In the event of failure of the Discharger to comply voluntarily with the suspension order within the specified time, the Authority shall take all lawful actions necessary to suspend the access of the user to the POTW. The Authority shall reinstate the Wastewater Discharger Permit and /or the wastewater treatment service upon proof by the Discharger of the elimination of the non complying discharge or conditions creating the threat of imminent or substantial danger as set forth above. 2. Revocation of Permit The Authority may revoke the permit of any Discharger which fails to (a) factually report the wastewater constituents and fit -27- characteristics of its discharge; (b) report significant changes in wastewater constituents or characteristics; (c) refuses reasonable access to the Discharger's premises by representatives of the Authority for the purpose of inspection or monitoring; (d) violates the conditions of its permit, or this Ordinance, or any final judicial order entered with respect thereto; or (e) refuses to participate in the self monitoring program as specified in the Discharger's permit as provided for by this Ordinance. 3. Notification of Violation Administrative Adjustment Whenever the Authority finds that any Discharger has engaged in conduct which justifies revocation of a Wastewater Discharge Permit, pursuant to Section 10.08.06(2) hereof, the Authority shall serve or cause to be served upon such Discharger a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within 30 days of the date of receipt of the notice, the Discharger shall respond personally or in writing to the Authority, advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and where necessary, establish a plan for the satisfactory correction thereof. This section does not apply to Section 10.08.06(1) actions. -28- 0 4. Show Cause Hearing Where the violation of Section 10.08.06(2) hereof is not corrected by timely compliance, the Authority may order any Discharger which causes or allows conduct prohibited by Section 10.08.05(2) hereof, to show cause before the Authority or its duly authorized representative, why the proposed permit revocation action should not be taken. A written notice shall be served on the Discharger by personal service, certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the Authority 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 serve no less than 15 days before the hearing. Service may be made on any agent, officer, or authorized representative of a Discharger. The proceedings at the hearing shall be considered by the Authority which shall then enter appropriate orders with respect to the alleged improper activities of the Discharger. Appeal of such orders may be taken by the Discharger in accordance with applicable local or state law. 5. Judicial Proceedings Following the entry of any order by the Authority with respect to the conduct of a Discharger contrary to the provisions of Section 10.08.06(2) hereof, the Attorney for the Authority may, 0 -29- following the authorization of such action by the Authority, commence an action for appropriate legal and /or equitable relief. 6. Enforcement Actions Annual Publication A list of all significant Dischargers which were the subject of enforcement proceedings pursuant to Section 10.08.06 of this Ordinance during the twelve (12) previous months, shall be annually published by the Authority in the local newspaper summarizing the enforcement actions taken against the Dischargers during the same twelve (12) months whose violations remained uncorrected 45 or more days after notification of non compliance; or which have exhibited a pattern of non compliance over that twelve month period, or which involved failure to accurately report non compliance. 7. Right of Appeal Any Discharger or any interested party shall have the right to request in writing an interpretation or ruling by the Authority on any matter covered by this Ordinance and shall be entitled to a prompt written reply. In the event that such inquiry is by a Discharger and deals with matters of performance or compliance with this Ordinance or deals with Wastewater Discharge Permit issued pursuant hereto for which enforcement activity relating to an alleged violation is the subject, receipt of a Discharger's request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order -30- entered pursuant to this Ordinance may be taken in accordance with local and state law. 8. Operating Upsets Any Discharger which experiences an upset in operations which places the Discharger in a temporary state of non compliance with the Ordinance or a Wastewater Discharge Permit issued pursuant hereto shall inform the Authority thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow -up report thereof shall be filed by the Discharger with the Authority within five days. The report shall specify: a) Description of the upset, the cause thereof and the upset's impact on a Discharger's compliance status. b) Duration of non compliance, including exact dates and times of non compliance, and if the non compliance continues, the time by which compliance is reasonably expected to occur. c) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of non compliance. A reported, bonafide operating upset shall be an affirmative defense to any enforcement action brought by the Authority against a Discharger for any non compliance with the Ordinance or any Wastewater Discharge Permit issued pursuant hereto, which arises 0 -31- out of violations alleged to have occurred during the period of the upset. SECTION 10.08.07: PENALTIES 1. Civil Penalties Any non residential discharges exceeding the local limits established by the Water and Sewer Commission as provided for in Section 10.08.02(2.5) of this ordinance shall be considered non- complying discharges and a separate civil penalty shall be assessed by the Water and Sewer Commission for each parameter that is exceeded. The amount and method of establishing said civil penalties shall be that as provided by Ordinance. Payment of said civil penalties shall not be considered justification for said excessive discharges, or compensation for any damages caused by said excessive discharges. Further provided, that payment of said civil penalties shall not exempt the excessive discharger from actions taken by the authority under Section 10.08.06(1) and 10.08.06(2) of this Ordinance. 2. Additional Civil Penalties for Recovery of Costs Any Discharger violating any of the provisions of this Ordinance, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the authority's wastewater disposal system shall be liable to the Authority for any expense, loss or damage caused by such violation -32- or discharge. The Authority shall bill the Discharger for the costs incurred by the Authority 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 enforceable under the provisions of Section 10.08.07 of this Ordinance. 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 not less than $100.00 nor more than $500.00 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. -33- SECTION 10.08.08: RECORDS RETENTION All Dischargers subject to this Ordinance shall retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of a Discharger in connection with its discharge. All records which pertain to matters which are the subject of Administrative Adjustment or any other enforcement or litigation activities brought by the Authority pursuant hereto shall be retained and preserved by the Discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. SECTION 10.08.09: SEVERABILITY If any provision, paragraph, word, section or chapter of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. SECTION 10.08.10: CONFLICT All ordinances and parts of ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. All -34- SECTION 10.08.11: EFFECTIVE DATE THAT this Ordinance being necessary for the preservation of the public peace, health and safety, an emergency is declared and this Ordinance shall be and take effect and be in full force after its passage, approval and publication. SECTION 10.08.12: REPEAL This Ordinance specifically repeals previous Ordinance Numbers 36 -1981 and 19 -1981 which are revised under the Van Buren Municipal Code Chapter 10.08. SECTION 10.08.13: EMERGENCY It is ascertained and declared that there is an immediate need in order to protect the pretreated waste entering the City's sewer system in order to protect the health, lives and property of the inhabitants of the City of Van Buren, Arkansas, therefore, an emergency is found to exist and that this Ordinance is necessary for the preservation of public peace, health and safety, same shall take effect and be in force without delay, and same shall be enforced immediately. ��yy// PASSED AND APPROVED this day of /J//fl 4 1990. /j MAYOR ATTEST: 3 7.C-set City Clerk -35- APPENDIX A 65 Toxic Pollutants Acenaphthene Endrin and metabolites Acrolein Ethylbenzene Acrylonitrile Fluoranthene Aldrin /Dieldrin Haloethers (others than Antimony and compounds those listed elsewhere Arsenic and compounds includes methylene Asbestos chloride, methylchloride Benzene methylbromide, bromoform Benzidine dichlorobromomethane) Beryllium and compounds Heptachlor and metabolites Cadmium and compounds Hexachlorobutadiene Carbon tetrachloride Hexachlorocyclohexane Chlordane (technical mixture and Hexachlorocyclopentadiene metabolities) Isophorone Chlorinated benzenes (other than Lead and compounds dichlorobenzenes) Mercury and compounds Chlorinated ethanes (including Napthalene 1.2- dichloroethane, 1,1,1- Nickel and compounds trichloroethane, and Nitrophenols (including hexachloroethane) 2.4 dinitrophenol, Chloroalkyl ethers (chloroethyl dinitrocresol) and mixed ethers) Nitrosamines Chlorinated napthalene Pentachlorophenol Chlorinated phenols (other than those Phenol listed elsewhere; includes Phthalate esters trichlorophenols and chlorinated Polychlorinated biphenyls cresols) (PCBs) Chloroform Polynuclear aromatic 2- chlorophenol hydrocarbons (including Chromium and compounds benzanthracenes, Copper and compounds benzopyrenes, bene- Cyanides zofluoranthene, DDT and metabolites chrysenes, dibenzanthra- Dichlorobenzenes (1,2 1,30, and cenes, and indenopyrenes) 1,4- dichlorobenzenes) Selenium and compounds Dichlorobenzidine Toluene Dichloroethylenes (1,1- and 1,2- Toxaphene dichloroethylene) Trichloroethylene 2,4- dichlorophenol Vinyl chloride Dichloropropane and dischloropropene Zinc and compounds 2,4- dimethylphenol Dinitrotoluene Diphenylhydrazine Endosulfan and metabolites APPENDIX B Industrial Categories Subject to National Categorical Pretreatment Standards Aluminum Forming Plastics Molding and Asbestos Manufacturing Forming Battery Manufacturing Textile Mills Builder's Paper Carbon Black Cement Manufacturing Coil Coating Cooper Forming Dairy Products Processing Electrical and Electronic Components Electroplating Feedlots Ferroalloy Manufacturing Fertilizer Manufacturing Fruits and Vegetables Processing Manufacturing Glass Manufacturing Grain Mils Manufacturing Ink Formulating Inorganic Chemicals Iron and Steel Manufacturing Leather Tanning and Finishing Meat Processing Metal Finishing Metal Molding and Casting Nonferrous Metals Forming Nonferrous Metals Manufacturing Paint Formulating Paving and Roofing (Tars and Asphalt) Pesticides Petroleum Refining Pharmaceuticals Phosphate Manufacturing Porcelain Enameling Pulp and Paper Rubber Processing Seafood Processing Soaps and Detergents Manufacturing Steam Electric Sugar Processing Timber Products Manufacturing 4N