ORD NO 19-1981 ORDINANCE NO. 19 1981
AN ORDINANCE establishing rules and regulations for the discharge
of wastewaters into the wastewater treatment system of the City of Van
Buren, Arkansas.
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, this City seeks..to provide for the use of its wastewater
treatment system by industries served'by it withoutdamage 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 govern-
mental authorities with jurisdiction over such discharges.
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 1: DEFINITIONS
Act The Clean Water Act (33 U.S.C: 1251 et seq), as amended.
Authority The City of van Buren, Arkansas.
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).
Categorical National Pretreatment Standards specifying quantities or
Pretreatment
Standards concentrations 'of pollutants or 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 conditioning,
Water
4 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.
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Compatible Such pollutants as BOD,,suspended_ solids, pH, fecal
Pollutant
coliform bacteria, and other such pollutants as are
now or may be in thefuture specified and controlled in
this City'sNPDES permit•for its waste water treatment
works for which sid .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 into
Industrial A i'
Discharger a POTW by means of pipes, conduits, pumping stations, force
mains, constructed drainage "ditches, surface water inter-
cepting ditches, and all constructed devices and appliances
appurtenant thereto.
Indirect The discharge or the introduction' of non domestic pollutants
Discharge
from a source regulated under Section 307 (b) or (c) of the
Act, into the POTW.
Industrial Solid, liquid or gaseous waste resulting from any industrial,
Waste
manufacturing., trade, or business process or from the develop-
ment, recovery or processing of natural resources:
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 NPDESpermit.
May Is permissive or discretionary.
NPDES National Pollutant Discharge Elimination System permits
program as administered by the O.S. EPA or the State of
Arkansas.
0 and M Operation and Maintenance.
'Other Decayed wood, sawdust, shavings, bark, lime, refuse,
Waste
ashes, garbage, offal, oil, tar, chemicals and all other
substances except sewage and industrial wastes.
Pollutant Any substance 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. t
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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
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-
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carried wastes from residences, business buildings,
institutions-and- industrial establishments, together
with such,grdund, surface,'storm•or other waters as
maybe. 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
0 Department, operating under the immediate direction of
the Van Buren Water and Sewer Commission.
Suspended The total suspended matter that floats on the surface
Solids
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
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Upset An exceptional incident in which Discharger uninten-
tionally and temporarily is in a state of noncompliance
with the st'ndards set' forth in Appendices A and B hereto
due to-factors,.beyond the reasonable control of the Dis-
charger,' and excluding �'noncompliance.to the extent caused
by operational error,:i:mproperly designed treatment
facilities, lack of 'preventive maintenance, or careless
or improper;: operation thereof: >p_,1
Wastewater Industrial waste, or sewage or other waste including
.that which may be combined „with any ground water, surface
water or storm water,that. be discharged to the POTW.
Significant For the purpose of this Ordinance, any nonresidential user
Industrial
Discharger which normally discharges 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.
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SECTION 2: REGULATIONS
2.01 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) Ang;.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 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 asewer or other interference with the operation
of the wastewater system.
c) Any wastewater having a pH less than or higher than 9.0
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 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 C hereto.
A toxic pollutant shall include tut 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 sudge use or disposal criteria, guidelines or
regulations•developed under Section 4Q5 of the Act; any criteria,
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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
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activity in the POTW treatment plant resulting in interference; but
in no case, wastewater with atemperature at the introduction
into the POTW which exceeds 40 C (104 F).
j) Any slugload, which shall mean.any pollutant, including oxygen
demanding pollutants (BOD,'etd.), released in a single extraordinary
discharge episode 'of such volume .or strength as to cause inter-
ference 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 regu-
lations.
m) Any wastewater which causes a hazard to human life or creates a public
nuisance.
2.02 Limitations on 'Wastewater Strength
2.02.1 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 C hereto) shall be met by all Dischargers 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 remov of
the pollutants as defined by 40 CFR 4403.7.
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2.02.2 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 �r any other-applicable ordinance.
2.02.3 Right of Revision
The,Authority reserves the right -tb amend this Ordinance.to•- provide
for more stringent' limitations or requirements on discharges to the
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POTW where deemed necessary to comply with the objectives set forth
in the preamble of this Ordinance. 2•
2.02.4 Dilution
No Discharger shall increase the use of potaSie 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. forth in this Ordinance.
2'.02.5 Supplementary. Limitations
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No Discharger shall discharge wastewater containing concentrations of
the following enumerated materials; exceeding the following
values:
Material' Concentration (mg /1)
Arsenic. 0.05
barium 5.0
boron l.0
cadmium 0.02
copper
cyanide. 0.05
lead 0.1
maganese 1.0
mercury 0.005
nickel 0.8
silver 0:1
total chromium 0.5
zinc 0.5
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In addition, no discharger•shall discharge wastewater containing
any measurable trace amount +background amounts .of the
,following:
Antimony* Pesticides
Beryllium Rhenium
Bismuth Strontium
0 Cobalt' 'Tellurium
Fungicides Tin
Herbicides, Uranyl ^Ion
Molybdenum
The Authority may impose mass-limitatons on Dischargers where
the imposition of mass limitations is deemed appropriate by the
Authority.
2.03 Accidental Discharges
Each Discharger shall provide protection from accidental discharge
of'prohibited or regulated materials or substances established bythis
Ordinance. Where deemed to be necessary,by the Authority, facilities to
prevent. accidental discharge; of prohibited materials shall be provided and
maintained at the Dischargers 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. Each existing Discharger shall complete its plan and
submit same to the Authority•by 180 days following .the effective date of
this Ordinance. 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 and
operating procedu-res by the Authority shall not relieve the. Discharger from
the responsibility'to modify its facility as necessary.to meet the requirements
of. this Ordinance
Dischargers shall notify the Authority immediately upo the occurance
of a "slugload or accidental discharge of substances prohibited by this
Ordinance. The notification shall include location of discharge, date and
time- thereof, type of waste, concentration and volume, and corrective actions.
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Any Discharger who discharges a slugload of prohibited materials
shall be liable 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
i premises, advising employees whom to call in the event of a slug or acci-
dental 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 3: MONITORING FEES
3.01 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.
3.02 Charges and Fees
The City shall adopt charges and fees which may include:
a) Fees monitoring, inspections and surveillance
b) Fees for permit applications
c) Fees for filing appeals
d) Fees for reviewing accidental discharge procedures and
construction
3.03 Review of Fee Structure
The fee structure included in 3.02. shall be computed annually during
the month of May and shall be corrected to represent the actual costs described
by 3.01 and such shall determine the fee structure for the following 12 month
period.
SECTION 4: SEWER,USE FEES
4.01 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.
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4.02 Charges
Industrial dischargers,including without limitation, laundries,
canneries, packing houses, milk processing, slaughter houses,- chemical
plants,•tanneries, bottle washing plants, and all similar industries
producing waste'havirig high .oxygen consumption, high suspended solids
concentration, high dissolved solids concentration; oil or grease, or
waste's requiring special treatment,.as.followsi,
The normal- monthly sewer use fees shall be the greater of:
a) 60% of the monthly water bill, or'
b) a base rate; determined according to the 'following formula:
Ci v +b s
Ci $62.615Vi S0.0044 Si =$0.0007Si
Ci Dollar Charge per month
Vi Volume,: wastewater, million gallons per month
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Bi Weight 'of B0D pounds per month
Si Weight of Suspen'dedtSoLids; pounds per month
The base rate shall be reviewed annually when the 'permit i's'reviewed
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and shall be computed for the maximum'recorded day of-the' user for each of
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the parameters of volume, suspended solids, and GODS. Determination shall
be made though the use of composit samples., watr meter readings, and/or
other flow measuring devices. Users ..will•bemoni?tored periodically to
determine the need to adjust'the base rate. Industrial or commercial
•dischargers which'are seasonal shall be assessed a user charge which is no
less than the base rate monthly even though no discharge may occur.
For those industrial sewer users with sewer.flow meters which are
acceptable in design and which are installed.with a maintenance schedule
acceptable to the Superintendent of.the Van Buren 'Water and Sewer Depart
ment, the actual percentage'of total water consumed which is discharged
into the sewer system shall be substituted for the 60% figure in the sub-
paragraph (a) above.
The establishment of base rates using 'parameters which exceed the
'compliance limits of this Ordinance or of the users permit shall not
constitute approval of such non compliance and shall not preclude enforcement
action by the Authority.
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4. 03 Surcharges
Due to the extra costs of treatment, a surcharge shall be assessed to
all non- residental users determined to be, discharging excessive BOD and
suspended solids as defined by B of this Ordinance. This surcharge
shallbe.$O.1O per thousand gallons of wastewater for each parameter measured
in excess of 250 mg /1 but .less than 425 mg /1: Dischargers which are dis-
0 charging wastewater having BOD5 and /or suspended solids concentrations in
excess of425 mg /1 shall be considered in non compliance.. However, without
implying approval for such non compliance, surcharges shall be assessed
for discharges in excess of 425 mg /1 of suspended solids and /or BOD at
the rate of $0.10 per thousand gallons for each unit or fraction of 200
mg /1 in'excess of 425 mg /1 of suspended solids and/or 425 mg /1 of BOD5.
SECTION 5: ADMINISTRATION
:5.01 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 the Authority's treatment work(s).
5.02 Wastewater Discharge Permits
5.02.1 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 con-
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necting to or discharging, to thePOTW_
5.02.2 Permit Application
Significant Industrial Dischargers shal'1 complete and file with the
Authority, a permit application,in the form prescribed by'the Authority;
and by -the appropriate fee: Existing significant Industrial
Dischargers shall apply for a Wastewater Discharge Permit 120 days
'after the effective date of this Ordinance, and proposed new Dischargers,
shall at least 6O,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
according to the Standard'Industrial Classification Manual,
'Bureau of the Budget, 1972; as amended;
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c) Disclosure, of wastewater constitutents and characteristics
including but +limited to.those mentioned in this Ordinance
including ,Appendices as, determined by bonafide chemical and biological
analyses. Sampling and analysis shall be performed in accordance
witFi.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 msl 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.dis-
charged 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.
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:shallcontain milestone dates for the
0 commencement and completion of major events leading to the•
construdtion and op 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, com-
pleting preliminary plans, completing final plans, executing
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contract for major components, commencing construction, com-
pleting.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 milestone date in
,th'e:schedule and the final date for compliance, the Dis-
charger shall submit a progress report to the'Authority,
'including nd 'less than a statement as to whether or not it
complied with the increment of progress represented by that
mi.lestone'date and, if not, the date on which it expects
to.comply withthis increment, of: progress, the reason for
delay, 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 produced by type;
k) Disclosure of the type of raw materials utilized;
1) All permit applications for new or modified permits shall be f
signed 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 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
Q by the Discharger and may require additional information. Within 60
days after acceptance of the data furnished, the Authority shall issue
a Wastewater Discharge Permit subject •to terms and conditions provided
herein.
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5.02.3 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 promul-
gration of a National Categorical Pretreatment Standard, the Waste-
water 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 5.02.2, the Discharger shall apply for a Waste-
water 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 required by paragraphs (h)
and (i) of Section 5.02.2. 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
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a'reasonable time schedule for compliance.
5.02.4 Permit Conditions
Wastewater' Discharge Perthits'shall specify no less than the following:
a) Fees and charges to be•paid upon initial permit issuance;
b) Limits.od the average and maximum wastewater constituents
aedccharacteristics regulated thereby;
c)' Limits on ayerage.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;
e) Special conditions as the Authoritymay reasonably require
under particular circumstances of ,a given discharge including sampling
locations, frequency of sampling;' number, types, and standards for
test and reporting schedule;
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f) Compliance schedules;
g) Requirements for submission of special technical reports or
discharge reports,where same differ from those prescribed by this
Ordinance.
5.02.5 Permits'Duration
All Wastewater Discharge Permits shall be issued for perpetual
duration,.''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.
5.02.6 Limitations on Permit Transfer
Wastewater Discharge Permits are issued-to a'specific Discharger or
the Discharger's successors for a specific operation and are not
assignable to another,Dischargernor are the Wastewater Discharge
Permits transferrable to any other location. Any Discharger's
successors shall be bound to the terms of the .existing permit and- to
its specific operation unless a new permit specifying a change in operation
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is made.
5.03 Reporting Requirements for Permittee
5.03.1 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 con=
centra.tion•of all prohibited or regulated substances contained in
its discharge,' and the average and maximum daily flow in gallons. The
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report shall state whether the applicable Pretreatment Standards or
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Requirements are being met on a consistent basis and, if not, what
additionai0 &M and /or pretreatment is necessary to bring the Discharger
into compiiance'with the applicable Pretreatment Standards or Require
ments. 'Thisstatement shall be' signed.by. a duly authorized representa
tive of the Discharger:
5.03:2 Periodic Compliance Reports.
(1) subject to Pretreatment Standard forth.
in this Ordinance, after the 'compliance •date of such Pretreatment
Standard; or, in the case of a new Discharger, after commencement of
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the discharge to the Authority, shall submit to the Authority during
the months June and December, unless specifically required more
frequently .by the Authority, a report indicating the nature and .concen-
tration, 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
5.03.1 hereof. Flows shall be reported on the basis of actual measure-
ment, 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,
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or'other extenuatingpfactors 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 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.)
5.04 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
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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.
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.
5.05 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.
5.06 Confidential Information' .,i
Information and data furnished to the:Authority.with respect to the
nature and frequency of discharge'shallbe available -`to the public or other
governmental agency without restriction unless the Discharger specifically
request and is-able to demonstrate to the 'satisfaction of the Authority that
the release of such information would divulge information or'
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methods of production entitled to.protection as trade secrets or proprietary,
information of Discharger. When'requested 8y 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 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'
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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 involbing the 'di"scharger 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 A uthority untl unless a ten -day notification is given to
the Discharger.
SECTION 6: ENFORCEMENT
6.01 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, sub
'stantial danger to the environment ,''interfere- with'the operation of the
POTW, violate any pretreatment limits imposed by this Ordinance.. Any Dis-
charger notified of the suspension of the Authority's wastewater treatment
service and /or the Discharger's Wastewater Discharge Permit, shall within a
reasonable. period of tine,- as. deterrnined 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 Discharge 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.
6.02 Revocation of Permit
The Authority may revoke the permit-of any Discharger which fails to
(a) factually report the wastewater constituents and characteristics of its
discharge; (b) report significant changes.in wastewater constitutents or
characteristics; (c) refuses reasonable access to the Discharger's premises
by 'representatives of the Authority for,the purpose of inspection or moni
toring; (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'Ord'inance.
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6.03 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'6.02'hereof, the Authority shall serve or cause to be served upon
o-.
Q such, Discharger a notice either, personally or by certified or regis-
tered mail, return receipt requested, stating the nature of the alleged "z
violation. Within 30days'ofthe•date of receipt of'the notice, the Dis
charger 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 6.01 actions.
6:04 .Show Cause Hearing
Where the violation of Section 6.02 hereof is not corrected by timely
compliance, the Authority may order -any Discharger which causes'or allows
conduct prohibited by Section 5.02 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 Dis-
charger• 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 served 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 con
sidered 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.:
6.05 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 6.02 hereof,
the Attorney for the Authority may, following the.authorization o'f -such
action by,the..Authority, commence an action for, appropriate legal and /or
equitable relief.
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6.06 Enforcement Actions Annual Publication
A list of all significant Dischargers which were the subject of
enforcement proceedings pursuant to Section 6 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.
6.07 Right of Appeal
Any Discharger or any interested party shall have the right to request
in writing an interpretation 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 a 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 proceedingsperiding receipt of the aforesaid written reply.
Appeal of any final judicial order entered pursuant to this Ordinance may be
taken in accordance with local and state law.
.6.08 Operating Upsets
Any Dischargerwhich upset in operations which places
the Discharger in a temporary state of non compliance with this 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.
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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
0 issued pursuant.hereto, which arises out of violations alleged to have
occurred during the period of the upset.
SECTION 7: PENALTIES
7.01 Civil Penalties
Any Discharger who is found to have violated an Order of the
Authority or who has failed to comply with any provision of this Ordinance,
and the regulations, or rules of the Authority., or orders of any court of
competent jurisdiction or permits issued hereunder, may be subjected to
the imposition of a civil penalty.,
7.02 Recovery of Costs Incurred by the Authority-
Any Discharger violating ahy.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 Authdrity, for any expense, loss, or damage caused
by such violation 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 enforcible
under the provisions of Article 7 of this Ordinance.
7.03 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 $1,000.00 for each offense.
Each day on which a violation shall occur or continues to occur
shall be deemed tobe'separate and distinct offenses. In addition
to the penalties herein provided, the City of Van Buren may recover
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reasonable attorney's fees, idourt costs,:cour£ reporters' fees and
other expenses of litigation by` appropriate suit at law against the
person(s) found to have violated,this Ordinance...
SECTION 8: RECORDS RETENTION
All Dischargers subject to this Ordinance shall retain and preserve
42), 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 Dis-
charger in connection with its discharge. •A11 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 9: 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: 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.
SECTION 11: EFFECTIVE DATE
THAT this Ordinance being necessary for the preservation of the
publid peace, health and safety,. an emergency is declared and this
Ordinance shall be and take effect and beiin full force after its
passage, approval and publication.
PASSED AND APPROVED this /4 day "of'i J 198/
MAYOR
City Clerk
Published the'. b day of /4a 198 I.
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APPENDIX A
65 Toxic Pollutants Listed In Consent Decree and
Referenced in 307(a) of the CWA of.1977
Acenapthene Endiin and :metabolites
Acrolein Ethylbenzene
Acrylonitrile Fluoranthene
Aldrin /Dieldrin Haloethers
i Antimony and compounds Halomethanes
Arsenic and compounds Heptachlor and metabolites
Asbestos Hexachlorobutadiene
Benzene Hexachlorocyclopentadiene
Benzidine Hexachlorocylohexane
Beryllium and compounds Isophorone
Cadmium and compounds Lead and compounds
Carbon tetrachloride Mercury and compounds
Chlordane Naphthalene
Chlorinated benzenes Nickel and compounds
Chlorinated ethanes Nitrobenzene
Clorinalkyl ethers Nitrophenols
Chlorinated naphthalene Nitrosamines
Chlorinated phenols Pentachlorophenol
'Chloroform Phenol
2- chlorophenol Phthalate esters
Chromium and compounds Polychlorinated byphenyls (PCB)
Copper and compounds Polynuclear aromatic
Cyanides hydrocarbons
DDT and metabolities Selenium and compounds
Dichlorobenzenes Silver and compounds
Dichlorobenzidine Toluene
Dichloroethylenes Toxaphene
2, 4- d.ichlorophenol Txichlorcethylene
Dichloropropane Vinyl Chloride
Dichlcropropene Zinc and compounds
2, 4- dimethylphenol
Din:itrotoluene
Diphenylhydrazine
Endosulfan Metabolites
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APPENDIX B
General Limitations -on Other Pollutants
BOD5 B005, contributions in excess of 250 mg /1 by.any discharger shall
be considered to be excessive of domestic sanitary waste strength.
BODS in excess of 425 mg /1 shall be considered as
a none compatible pollutant capable of interference in the existing
treatment processes.
Suspended. Suspended solids contributions in excess of 250 mg /1 by any dis-
Solids
'charges shall be considered to be excessive of domestic sanitary
waste characteristics. Suspended solids contributions in excess
of 425 mg /1, shall be considered-as a non compatible pollutant
capable of interference' in the existing treatment processes.
Oils Contributions'of oils and/or greases in excess of 100 mg /1 by
Greases r..•
any dischargers shall be considered to be a non compatible pol-
lutantcapable of interference in the existing treatment process.
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APPENDIX C
Categorical Pretreatment Standards
For the purpose of this Ordinance the City of Van Buren,
Arkansas, does adopt the National Categorical Pretreatment Standards
as promulgated as interim or final standards. This shall include
the following industrial classifications as well as future classifications
which may be added to the National Categorical Pretreatment Standards:
Industry Industry
1. Adhesives 18., Pulp Paper
2. Leather 'Tanning 19. Textile Mills
and Finishing 20. Timber
3. Soaps Detergents 21. Coal Mining
4. Aluminum Forming 22. Ore Mining
5. Battery Manufacturing 23. Petroleum Refining
6. Coil Coating 24. Steam Electric
7. Copper Forming 25. Organic Chemicals
8. Electroplating 26. Pesticides
9. Foundries 27. Pharmaceuticals
-10. Iron Steel 28. Plastic Synthetic
11. Nonferrous Metals Materials
12. Photographic Supplies 29. Rubber
13. Plastics Processing 30. ��Auto Other Laundries
14. Porcelain Enamel 31. Mechanical Products
15. Gum Wood Chemicals 32. Electric Electronic
16. Paint Ink .•Components
17.. Printing 33. Explosives Manufacturing
Publishing 34. Inorganic Chemicals
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