ORD NO 26-1977 AN ORDINANCE ESTABLISHING MAXIMUM ACCEPTABLE WASTEWATER
CHARACTERISTICS FOR PERMISSIBLE DISCHARGE TO THE PUBLIC
SANITARY SEWER SYSTEM OF THE CITY OF VAN BUREN, ARKANSAS;
PROVIDING METHODS OF MONITORING SUCH DISCHARGES: PRO-
VIDING PENALTIES FOR THE VIOLATION OF SAID MAXIMUM
LIMITS: PROVIDING FOR A PERMIT SYSTEM FOR INDUSTRIAL
SEWER CONNECTION; REPEALING ALL OTHER ORDINANCES OR PORTIONS
OF ORDINANCES IN CONFLICT TTHEREWITH; AND FOR OTHER PURPOSES
WITHIN THE JURISDICTION OF THE CITY OF VAN BUREN, CRAWFORD
COUNTY, STATE OF ARKANSAS.
ORDINANCE NO. 26.-
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WHEREAS, the City of Van Buren, Arkansas, has provided a Public
Sanitary Sewerage system including secondary treatment and disposal
facilities, and established a sewer commission to administer the
improvement, maintenance, extension, operation and maintenance of
said system, and,
WHEREAS, The proper and correct operation of said system is
dependent upon the design loadings established during the planning
of said system, and,
WHEREAS, The Van Buren Sewer Commission has established limits
by policy for the organic loadings, suspended solids loadings, and
other parameters to satisfy those design loadings and did so advise
effected sewer users prior to the construction of said Secondary
sewage treatment system, and,
WHEREAS, since that date all anticipated users of the system
with the potential for violation of, the •limits have been advised of
their existence, and,
WHEREAS, Industrial wastewater discharges have been experienced
which have seriously hampered the ability of the treatment system
to satisfactorily treat the waste and meet established federal
and state discharge limitations, and,
NOW, THEREFORE, be it ordained by the city council of the city
of Van Buren, Arkansas:
S ARTICLE I
Unless the contract specifically indicates otherwise, the
meaning of terms used in this ordinance shall be as follows:
SECTION 1. "BOD" (denoting Biochemical Oxygen Demand) shall
mean the quantitiy of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5)
days at 20° C., expressed in milligrams per liter.
SECTION 2. "Suspended Solids" shall mean solids that either
float on the surface of, or are in suspension in water, sewage, or
other liquids, and which are removable by laboratory filtration.
SECTION 3. "Sewer Commission" shall mean the duly appointed
Sewer Commission appointed and acting by the authority of ordinances
enacted by the City Council of the City of Van Buren, Arkansas.
SECTION 4. "Superintendent" shall mean the Superintendent of
Sewer Department of the City of Van Buren, Arkansas, or his
authorized deputy, agent, or representative.
SECTION 5. "City" shall mean the City of Van Buren, County of
Crawford, in the State of Arkansas.
SECTION 6. "Shall" is mandatory; "May" is permissive.
SECTION 7. "Sewer Service Charge" "Sewer User Charge shall
be the charge assessed and collected monthly with the customers water
bill as fixed by ordinance or Sewer Commission action.
SECTION "Public Sewer" shall mean a sewer in which all
owners of abutting properties have equal rights, and is controlled
by public authority.
SECTION 9. "Industrial Wastes" shall mean the liquid wastes
from industrial manufacturing processes, trade, or business as
distinguished from sanitary sewage.
SECTION 10. "Sewage Treatment Facilities" shall mean any
arrangement of devices and structures used for treating sewage.
SECTION 11. "User" shall mean any individual, firm, company,
association, society, corporation, or group having permission to
discharge water or wastes to the public sewage system.
f ARTICLE II
SECTION 1. No users shall discharge or cause to be discharged
to the public sanitary sewer system materials which exert or cause
a Biochemical Oxygen Demand (BOD in excess of 425 mg /1 or suspended
solids in excess of 425 mg /1 without the payment of a treatment
surcharge as compensation for the cost of handling and treating of
such waste. Said surcharge shall be in addition to normal Sewer
i use charges, Surcharges shall be 50.10 per thousand gallons per
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each unit or fraction of 200 mg /1 in excess of 425 mg /1 of BOD and
S0.10 per thousand gallons per each unit or fraction of 200 mg /1 in
excess of 425 mg /1 of suspended solids.
SECTION 2. If waste characteristics are at any time such that
the waste discharge in the opinion of the superintendent presents
an operational danger to the sewer system and /or to the sewage
treatment system, sewer services will be terminated to said user with
twenty four (24) hours of written notification by the Superintendent
and shall not be continued until the cause of the danger due to the
discharge has been rectified to the satisfaction of the Superintendent.
SECTION 3. Routine sampling shall be conducted by the Superintendent
to determine compliance with the stipulated discharge limitations.
Evidence of discharges in excess of the limitations shall be confirmed
by interval composite sampling with analysis by an independent
laboratory. If excess discharges are confirmed, surcharges will be
assessed from the point in time of the original violating sampling
and will continue until the user demonstrates compliance through
composite sampling and testing at user expense by an independent
laboratory approved by the Commission. The user shall provide
access to representatives of the Commission for routine sampling.
In the absence of an accessible sampling point, the most immediate
downsteam manhole will be used.
SECTION 4. Sewer users with discharge volumes in excess of the
metered water flow to the user shall be required to install and
maintain a flow measuring device of a design and in a location
acceptable to the superintendent capable of measuring and recording
and totalizing the flow to the sanitary sewer system. Sewer use
fees and possible surcharges shall be based on actual wastewater flows.
The failure to provide such information shall be cause for said
facilities to be installed at the direction of the Commission at user
expense, said expenses to be added to the sewer service charges.
SECTION 5. Routine sampling and testing may be required by the
Commission for users discharging industrial waste to the public sewer
system. When directed to do so by the Commission, the owner of
the property discharging industrial wastes shall, at his expense,
obtain a representative sampling of his wastewater and have the
appropriate physical, chemical and biological tests performed. All
testing shall be in accordance with the most recent edition of
Standard Methods.
SECTION 6. Sewer services shall not be provided to any industrial
or commerical user at a rate which is less that the cost to the city
of Van Buren and or the Van Buren Sewer Commission of providing
such service, including the installation, operation, and maintenance
of facilities required to provide the service.
SECTION 7. Industrial plants, including without limitation,
laundries, canneries, packing houses, milk processing, poultry
processing, slaughter houses, chemical plants, tanneries, bottle
washing plants, and all similar industries producing wastes having
high oxygen consumption, high suspended solids, high dissolved
solids, oil or grease, or wastes requiring special treatment, as follows:
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 VoVi boBI SoSi
Ci 562.615 Vi 50.0044 Bi $0.0007 Si
Ci Dollar charge per month to industrial users
Vi Volume of wastewater from industry, MG per month
Bi Weight of BOD from industry, pounds per month
Si Weight of suspended solids from industry, pounds per month
BOD Bio- chemical oxygen demand strength index in parts per
million by weight
The base rate shall be reviewed annually and shall be computed
for the maximum day of the user as determined by composite sampling,
water meter readings;;•and /or other flow measuring devices. Users
will be monitored periodically to determine the need to adjust the
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base rate. Industrial or commercial users which are seasonal shall
be assessed a user charge which is no less than the base rate monthly
even though no discharge may occur.
SECTION No users shall discharge any waste or wastewater
to the public sanitary sewer system which contains toxic materials
or heavy metals in concentrations exceeding the following limits:
Element mg /1
Arsenic 0.05
Barium 5.0
Boron 1,0
Cadmium 0.02
Chromium (total) 0.5
Copper 0.
Zinc 0.5
Lead 0.1
Manganese 1.0
Mercury 0.005
Nickel 0.$
Selenium 0.02
Silver 0.1
Cyanide 0.05
In addition, waters or wastes containing any measurable trace of
the following:
Antimony Uranyl ion
Beryllium Rhenium
Bismuth Strontium
Cobalt Tellurium
Molybdenum Herbicides
Tin Fungicides
Pesticides
SECTION 9. The Commission shall require that proper permit
applications, plans, and specifications be submitted to the Commission
for review and approval prior to permitting the discharge of the
effluent of pretreatment or equalization facilities into the public
sewer. Design plans and specifications of said facilities shall be
prepared and submitted by a professional engineer registered to
practice in the State of Arkansas. After review and approval by the
Commission, a permit will be issued by the Water and Sewer Commission
to the applying industrial sewer connection user.
SECTION 10. Penalties:
A. Any person or user found to be violating any of the
provisions of this Ordinance shall be served by the city with
written notice stating the nature of the violation, and such
notice may provide a reasonable time for the satisfactory correction
thereof, if not such danger to the entire system as provided for in
Section 2.
B. Any person or user who shall continue to violate this
ordinance, namely; by refusing to monitor their amount of waste;
by refusing to adequately maintain pretreatment facilities; by
discharging unacceptable wastes into the system; or by endangering
the system as a whole pursuant to Article II, Section 2 shall be
found to be violating the provisions of this Ordinance and shall be
deemed guilty of a misdemeanor and, upon conviction thereof, shall be
fined in an amount not to exceed $200.00 for each day that the same
shall be unlawfully continued.
C. Any person or user found in violation of any of the
above provisions of this Ordinance shall likewise, in addition
to the penalty above mentioned, be liable to the city for the
expenses and charges enumerated in the other sections of this
Ordinance and for all other expense, loss, or damage occasioned
by the city by reason of such violation.
D. In cases of repeated violations, the approving
authority may revoke the permit for discharge of wastes into
the sewer system and effect the discontinuation of water or
sewer service, or both.
SECTION II: Validity:
A. All ordinances and parts of ordinances in conflict
with this Ordinance are hereby repealed.
B. Should any portion of this Ordinance be unconstitional
or invalid and so declared by a court of Competent Jurisdiction
then the remainder of this Ordinance, and any remaining application
of this Ordinance, shall not be affected by such partial
unconstitutionality or invalidity.
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SECTION 12: Emergency Clause:
That due to the increased demand for regulated sewage
treatment and the continued abuse of the present system, an
emergency therefore is declared and this Ordinance being necessary
for the preservation of the public peace, health and safety, shall
be in full force after its passage, approval and publication.
SECTION 13. The permit requirement of Article II, Section 9 shall
apply to all industries whether existing at the time of the passage
of this ordinance or beginning existence after its passage.
PASSED ,AND APPROVED this /42, day of 12a,rp,, 1977,
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