ORD NO 07-1990 ORDINANCE NO. 7
AN ORDINANCE ESTABLISHING CIVIL PENALTIES 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. 199' which is codified as Van Buren Municipal Code
10.08.01 through 10.08.13 has provided that significant
industrial discharges defined as non- residentifitsers 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 when wastewater characteristics exceed certain
parameters set by the Water and Sewer Commission through
Ordinance; and,
WHEREAS, it is important for the City to assess penalties
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.
c
Fri 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 10.08.14: APPLICATION OF DEFINITIONS
That for the purpose of this Ordinance the definitions as
set out in Van Buren City Ordinance No. as the
definitions therein shall also apply to this Ordinance.
SECTION 10.08.15: PURPOSE
The purpose of this Ordinance is to establish 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 be assess by the Water and Sewer
Commission a separate civil penalty when wastewater
characteristics exceed parameters herein established. Said
penalties shall be as follows:
1. Biochemical Oxygen Demand
$1.00 per pound of BODS discharged for waste strength
concentrations discharged greater than 250 mg /1, i.e.
($1.00) (B0D -250) (0.00834) per thousand gallons.
2. Total Suspended Solids
$1.00 per pound of TSS discharged for waste strength
concentrations discharged greater than 250 mg /1, i.e.
($1.00) (TSS -250) (0.00834) per thousand gallons.
0
0 3. PH
$5.00 per thousand gallons for all discharges for which
the pH is grater 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 /1 of fats, oils, and greases,
i.3. ($5.00) (FOG -100) (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: 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 user 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 10.08.18: 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.
SECTION 10.08.19: EMERGENCY
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
apparel 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. /?/1
PASSED AND APPROVED this I day of ////�/re I
1990.
,74--//
MAYOR
ATTEST:
City Clerk