ORD NO 26-2009 ORDINANCE NO. 26 -2009
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 WITH EXCEPTIONS 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, this 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.
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
Abbreviations The following abbreviations shall have the designated meanings:
ADEQ Arkansas Department of Environmental Quality
AO Administrative Order
BOD Biochemical Oxygen Demand
BMP Best Management Practice
BMR Baseline Monitoring Report
CFR Code of Federal Regulations
CIU Categorical Industrial User
COD Chemical Oxygen Demand
CBOD Carbonaceous Biochemical Oxygen Demand
EPA Environmental Protection Agency
gpd gallons per day
1—Liter
mg /L milligrams per liter
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NPDES National Pollutant Discharge Elimination System
NSCIU Non significant Categorical Industrial User
O M— Operation Maintenance
POTW— Publicly Owned Treatment Works
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classification
SIU Significant Industrial User
SNC Significant Noncompliance
SWDA Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
TSS Total Suspended Solids
U.S. United States Code
USEPA United States Environmental Protection Agency
Act The Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended, 33 U.S.C. Section 1251 et seq
Administrative Enforcement document issued by the Director which directs
Order industrial user(s) to undertake or cease specified activities.
Approval Director of the Arkansas Department of Environmental Quality
Authority (ADEQ)
Authorized 1. If the industrial user is a corporation:
Representative
or Duly Authorized a. the president, secretary, treasurer or a vice president of the
Representative of corporation in charge of a principal business function, or
the User any other person who performs similar policy or decision making
functions for the corporation; or
b. the manager of one or more manufacturing, production or operation
facilities, provided the manager is authorized to make management
decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures to
assure long -term environmental compliance with environmental laws and
regulations; can ensure that the necessary systems are established or
actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has been
assigned or delegated to the manager in accordance with corporate
procedures.
2. If the industrial user is a partnership or sole proprietorship: a general
partner or proprietor, respectively;
3. If the industrial user is a Federal, State or local government facility: a
director or highest official appointed or designated to oversee the
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operation and performance of the activities of the government
facility, or their designee;
4. The individuals described in paragraphs I through 3 above may
designate another authorized representative if the authorization is in
writing, the authorization specifies the individual or the position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for the company, and the written authorization is submitted to the
City.
Best Management Best Management Practices or BMPs means schedules of
Practice activities, prohibitions of practices, maintenance procedures,
and other management practices to implement the prohibitions
listed in 10.08.02.1(1.1) [40 CFR 403.5(a)(1) and (b)]. BMPs also include
treatment requirements, operating procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw materials storage.
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, usually expressed as a
concentration (milligrams per liter).
CBOD Carbonaceous Biochemical Oxygen Demand means the quantity of
oxygen utilized in the biochemical oxidation of organic matter, with the
addition of nitrification inhibitor, under standard laboratory procedures in
five (5) days at 20 C, usually expressed as a concentration (milligrams per
liter).
Categorical Any regulation containing pollutant discharge limits promulgated
Pretreatment by the EPA in accordance with Sections 307(b) and (c) of the
Standard ACT (33 U.S.C. Section 1317) which apply to a specific category of
or Categorical users and which appear in 40 CFR Chapter I, Subchapter N, Standard
Parts 405 -471.
Categorical An Industrial User subject to a Categorical Pretreatment
Industrial User Standard or Categorical Standard.
City The City of Van Buren, Arkansas.
Color The optical density at the visual wave length of maximum absorption,
relative to distilled water. One hundred percent (100 transmittance is
equivalent to zero (0.0) optical density.
Consent Order An agreement between the Commission and an industrial user containing:
1) Compliance Schedule(s)
2) Stipulated fines or remedial actions; and
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3) Signatures of the Commission and industry representatives.
Cooling Water The water discharged from any use such as air conditioning, cooling or
refrigeration during which the only pollutant added to the water is heat.
Commission The Van Buren Municipal Utilities Commission which shall be the
administrative representative of the City relative to this Ordinance.
Composite Sample The sample resulting from the combination of individual wastewater
samples taken at select intervals based in increment of either flow or time.
Control Authority The City.
Conventional Such pollutants as BOD5, suspended solids, pl-I, fecal 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 The Van Buren Municipal Utilities
Director The Director of the Van Buren Municipal Utilities, or authorized
representative, operating under the immediate direction of the Van Buren
Municipal Utilities Commission.
Environmental The U.S. Environmental Protection Agency or EPA
Protection Agency
Existing Source Any source of discharge that is not a "New Source
Grab Sample A sample which is taken from waste stream on a one -time basis without
regard to the flow in the waste stream and over a period of time not to
exceed fifteen (15) minutes.
Indirect The introduction of pollutants into the POTW from any non
Discharge domestic source.
Industrial User A source of indirect discharge
or User
Interference A discharge which alone or in conjunction with a discharge or discharges
from other sources: inhibits or disrupts the POTW, its treatment processes
or operations or its sludge processes, use or disposal; and therefore, is a
cause of a violation of the City's NPDES permit or of the prevention of
sewage sludge use or disposal in compliance with any of the following
statutory/regulatory provisions or permits issued there under, or more
stringent state or local regulations: Section 405 of the Clean Water
the Solid Waste Disposal Act (SWDA), including Title II commonly
referred to as the Resource Conservation and Recovery Act (RCRA); any
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State regulations contained in any State sludge management plan prepared
pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic
Substances Control Act; and the Marine Protection, Research and
Sanctuaries Act.
Local Limits The effluent limitations developed for Industrial Users by the Director to
specifically protect the Publicly Owned Treatment Works (POTW) from
"Interference and "Passthrough" based on site specific design and disposal
limits and conditions of the POTW. Local limits are developed to assure
that IU discharges to POTWs do not cause the POTW to violate its permit
limits, upset the POTW's biological, chemical or physical treatment
processes, prevent the disposal of biosolids (sludge), impact worker health
and safety or harm the collection system•infrastructure.
May Is permissive or discretionary.
Medical Wastes Isolation wastes, infectious agents, human blood and blood byproducts,
pathological wastes, sharps, body parts, contaminated bedding, surgical
wastes, potentially contaminated laboratory wastes, dialysis wastes and
any pharmaceutical medications, prescription or `over the counter', used
or expired.
NPDES National Pollutant Discharge Elimination System permits program as
administered by the U.S. EPA or the ADEQ
National Any regulation containing pollutant discharge limits promulgated
Pretreatment by the United States Environmental Protection Agency (USEPA)
Standard, in accordance with section 307(b) (c) of the Act, which applies
Pretreatment to Industrial Users. This term includes prohibitive discharge limits
Standard, or established pursuant to 403.5.
Standard
New Source (1) Any building, structure, facility or installation from which there is or
may be a discharge of pollutants, the construction of which commenced
after the publication of proposed pretreatment standards under Section
307(c) of the Act which will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility or installation is constructed at
a site which no other source is located; or
(b) The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge
of pollutants at an existing source; or
(c) The production or wastewater generation processes of the
building, structure, facility or installation are substantially
independent of an existing source at the same site. In
determining whether these are substantially independent,
factors such as the extent to which the new facility is integrated
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with the existing plant, and the extent to which the new facility
is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general style of activity as
the existing source, should be considered.
(2) Construction on a site at which an existing source is located results
in a modification rather than a new source if the construction does
not create new building, structure, facility or installation meeting
the criteria of Section (1)(b) or (c) above but otherwise alters,
replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
(a) Begun, or caused to begin as a part of a continuous
onsite construction program.
(i) Any placement, assembly, or installation of
facilities or equipment, or
(ii) Significant site preparation work including
clearing, excavation, or removal of existing
buildings, structures, or facilities which is
necessary for the placement, assembly, or
installation of new source facilities or
equipment; or
(b) Entered into a binding contractual obligation for the
purchase of facilities or equipment which are intended
to be used in its operation within a reasonable time.
Options to purchase or contracts which can be
terminated or modified without substantial loss, and
contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this
paragraph.
O 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.
Pass Through A discharge which exits the POTW into surface waters of the State in
quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause or violation of any
requirement of the City's NPDES permit, including an increase in the
magnitude or duration of a violation.
pH A measure of the acidity or alkalinity of a solution, expressed in standard
units.
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Pollutant Any dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked or
discharged equipment, rock, sand, cellar dirt, municipal, agricultural and
industrial wastes, and certain characteristics of the wastewater [e.g., pH,
temperature, TSS, turbidity, color, BOD COD, toxicity, or odor].
POTW Any sewage treatment works and the sewers and conveyance
appurtenances discharging thereto, owned and operated by the City of Van
Buren, Arkansas.
Pretreatment The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in
wastewater prior to, or in lieu of, introducing such pollutants into the
POTW. This reduction or alteration can be obtained by physical, chemical
or biological processes, by process changes; or by other means, except by
diluting the concentration of pollutants unless allowed by an applicable
pretreatment standard.
Pretreatment Any substantive or procedural requirement related to pretreatment
Requirements imposed on a user, other than a pretreatment standard.
Pretreatment Pretreatment standards shall mean prohibited discharge
Standards or standards, categorical pretreatment standards, and Local
Standards limits.
Prohibited Absolute prohibitions against the discharge of certain substances;
Discharges these prohibitions appear in Section 10.08.02(1.) 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 Code Standard Industrial Classification Code: a classification pursuant to the
Standard Industrial Classification Manual issued by the U.S. Office of
Management and Budget.
Significant (1) All industrial users subject to Categorical Pretreatment
Industrial User Standards under 40 CFR Chapter I, Subchapter N; (2) A user that: (a)
discharges an average of 25,000 gallons per day or more of process
wastewater to the POTW (excluding sanitary, non contact cooling and
boiler blow down wastewater); (b) contributes a process waste stream
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which makes up 5 percent or more of the average dry weather hydraulic or
organic capacity of the POTW treatment plant; or (3) is designated as such
by the City on the basis that it has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard
or requirement. (4) The City may determine that an Industrial User
subject to categorical pretreatment standards is a Non Significant
Categorical User rather than a Significant Industrial User on a finding that
the Industrial User never discharges more than 100 gallons per day (gpd)
of total categorical wastewater (excluding sanitary, non contact cooling
and boiler blow down wastewater, unless specifically included in the
Pretreatment Standard) and the following conditions are met:
(a) the Industrial user, prior to City's finding, has consistently complied
with all applicable categorical Pretreatment Standards and Requirements;
(b) the Industrial user annually submits the certification statement required
in 40CFR 403.12(q), together with any additional information necessary to
support the certification statement; and (c) the Industrial user never
discharges any untreated concentrated wastewater.
(5) Upon finding that a user meeting the criteria in Subsection (2) of this
part has no reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment, standard or requirement, the
City may at any time, on its own initiative or in response to a petition
received from a user, and in accordance with procedures in 40 CFR
403.8(1)(6), determine that such user should not be considered a
significant industrial user.
Slugload Any discharge at a flow rate or concentration which could cause a
violation of the prohibited discharge standards in Section 10.08.02(1) of
this Ordinance. A slug discharge is any discharge of a non routine,
episodic nature, including but not limited to, an accidental spill or a non
customary batch discharge, which has reasonable potential to cause
Interference or Pass Through, or in any other way violate the POTW's
regulations, local limits or Permit conditions.
Total Suspended The total suspended matter that floats on the surface of, or is
Solids suspended in water, wastewater or other liquid which is removable by
laboratory filtering.
Priority One of 126 pollutants, or combination of those pollutants, listed as
Pollutants toxic in regulations promulgated by the USEPA in 40 CFR Part 423.
Treatment Plant Any discharge of pollutants from the POTW into waters of the
Effluent State.
Upset An exceptional incident in which a user unintentionally and temporarily is
in a state of noncompliance with the standards set forth in this Ordinance
due to factors beyond the reasonable control of the user, and excluding
noncompliance to the extent caused by operational error, improperly
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designed treatment facilities, lack of preventative maintenance, or careless
or improper operation thereof.
Wastewater Liquid and water carried industrial wastes, and sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities,
and institutions, whether treated or untreated, which are contributed to the
POTW.
SECTION 10.08.02 REGULATIONS
1. DISCHARGE PROHIBITIONS
1.1 General Prohibitions
No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater
which causes pass through or interference. These general prohibitions apply to all users of the
POTW whether or not they are subject to categorical pretreatment standards or any other
National, State, or local pretreatment standards or requirements.
1.2 Specific Prohibitions
No user shall introduce of cause to be introduced into the POTW the following pollutants,
substances, or wastewater:
a) Any 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,
including any waste stream with a closed -cup flash point of less than 140 F
(60 C) using the test methods specified in 40 CFR 261.21, 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.
d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or
by interaction, to injure with any wastewater treatment process, to constitute a
hazard to humans or animals, or to exceed the limitation set forth in Categorical
Pretreatment Standards.
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e) Any noxious or malodorous liquids, gases or solids which either singly or by
interaction are capable or 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.
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 C (104 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,
unless it is in limited amounts that will not affect POTW efficiency and approved
by the Commission.
1) Any wastewater containing any radioactive wastes or isotopes of such half -life or
concentration as to exceed limits established by the Commission or Director 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 /L or containing any substances which may solidify or
become viscous at temperatures between 0 C (32 F) and 65 C (150 F).
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o) Petroleum oil, non biodegradable cutting oil, or products of mineral oil origin in
amounts that will cause interference or pass through.
p) Pollutants which result in the pressure of toxic gases, vapors or fumes within the
POTW in a quantity that may cause acute worker health and safety problems.
q) Hauled Waste Water
1) Septic tank waste may be introduced into the POTW only at locations
designated by the Director, and at such times as are established by the
Director. Such waste shall not violation Section 10.08.02 established by
the Director.
2) The Director shall require haulers of industrial waste to obtain wastewater
discharge permits. The Director may require generators of hauled
industrial waste to obtain wastewater discharge permits. The Director also
may prohibit the disposal of hauled industrial waste. The Director may
require septic tank waste haulers to obtain wastewater discharge permits.
3) Industrial waste haulers shall discharge loads only at locations designated
by the Director. No load shall be discharged without prior consent of the
Director. The Director may collect samples of each hauled load to ensure
compliance with applicable standards. The Director may require the
industrial waste hauler to provide a waste analysis on any load prior to
discharge.
4) Industrial waste haulers must provide a waste tracking form for every
load. This form shall include, at a minimum, the name and address of the
industrial waste hauler, permit number, truck identification, names and
addresses of sources of waste, and volume and characteristics of waste.
The form shall identify the type of industry, known or suspected waste
constituents and whether any wastes are RCRA hazardous wastes.
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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 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 Approval Authority by the City,
when the City's wastewater treatment system achieves consistent removal of the pollutant as
defined by 40 CFR Section 403.7.
2.2 State Requirements
State requirements and limitation on discharges to the POTW shall be met by all users
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 City reserves the right to amend this Ordinance to provide for more stringent
limitations or requirements on discharges to the POTW where deemed necessary to comply with
the objectives set forth in the preamble of this Ordinance.
2.4 Dilution
No user 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 (Local Limits)
To protect against pass through and interference, no Industrial User may discharge or
cause to be discharged into the POTW any wastewater pollutant concentration exceeding the
Technically Based Local Limits (TBLLs) developed from time to time by the Director as
required by the respective POTW NPDES permit, as authorized by 40 CFR 403.5(c), and
approved by the Approval Authority. Technically Based Local Limits (TBLLs) based on
calculated Maximum Allowable Industrial Loadings are located in the City's Pretreatment
Program, Section titled "Allowable Loadings At the discretion of the Director, TBLLs may be
imposed and shall apply at the "monitoring point" described in the individual industrial
wastewater discharge permits. All concentration limits for metals shall be in terms of "total"
metals unless otherwise indicated. At the discretion of the Director, mass limitations may be
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imposed in addition to or in place of concentration based TBLLs. The Director may also
develop BMPs in individual wastewater discharge permits, to implement specific pollutant
limitations. Such BMPs shall be considered Local Limits and Pretreatment Standards. When
new Local Limits are implemented or revised, the Director will provide individual notice to
parties who have requested such notice and an opportunity to respond, as set forth by 40 CFR
403.5 (c) (3). This requirement of notice also applies when Local Limits are set on a case -by-
case basis.
2.6 Wastewater Operator Licensing
All facilities with wastewater treatment facilities: Wastewater operators licensed by the
State of Arkansas Department of Environmental Quality (ADEQ) shall be employed for the sole
purpose of ensuring effluent quality discharged to the City's municipal sewer system. The
degree of licensure required shall be determined by the Director, under the direction of the
Commission, based upon the type of facility and the amount of wastewater being discharged into
the system.
3. Accidental Discharges
Each user shall provide protection from accidental discharge of prohibited or regulated
materials or substances regulated by this Ordinance. Where deemed to be necessary by the
Department, facilities to prevent accidental discharge or prohibited materials shall be provided
and maintained at the user's own cost and expense. Detailed plans showing facilities and
operating procedures to provide this protection shall be submitted to the Department for review,
and shall be approved by the Director before construction of the facility. The plan shall also
require:
(a) Description of discharge practices, including non routine batch discharge;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the Department of slug discharges including
General Discharge Prohibition, section 10.08.02(1)(1.1) of this Ordinance with
procedures for follow -up written notification within five (5) days;
(d) Procedures to prevent adverse impact from any accidental spills or slug discharge.
Such procedures include, but are not limited to, inspection and maintenance of
storage areas, handling and transfer of materials, loading and unloading
operations, control of plant site runoff, worker training, building of containment
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structures or equipment, measures for containing toxic organic pollutants,
including solvents, and/or measures and equipment for emergency response.
No new user 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 Director. Review and approval of such plans
and operating procedures by the Director shall not relieve the user from the responsibility to
modify its facility as necessary to meet the requirements of this Ordinance.
Users shall notify the Department immediately upon the occurrence of a "slug load or
accidental discharge of substances prohibited by this Ordinance. This notification shall include
location of discharge, date and time thereof, type of waste, concentration and volume, and
corrective actions. Any user 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, civil penalties,
or other liability which may be imposed by this article or other applicable law.
Significant Industrial Users are required to notify the Director immediately of any
changes at its facility affecting the potential for a Slug Discharge.
Signs shall be permanently posted in conspicuous places on user'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 user'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 users to the
Department's wastewater disposal system, to compensate the Department for the cost of
administration of the pretreatment program established herein.
2. Charges and Fees
The Commission shall adopt charges and fees which may include:
a) Fees for monitoring, inspections and surveillance
b) Fees for permit applications
a. Industrial User permit
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b. IU renewal permit application
c. Categorical Industrial Permit
d. CIU renewal permit
c) Fees for filing appeals
d) Fees for reviewing accidental discharge procedures and construction
3. Review of Fee Structure
The fee structure included in Section 10.08.03(2) shall be computed annually by the
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 user at a rate which is less than the
cost to the Department 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 Director shall not constitute approval of such non complying discharge and
shall not preclude enforcement action by the Department.
SECTION 10.08.05: ADMINISTRATION
Except as otherwise provided herein, the Director shall administer, implement, and
enforce the provisions of this Ordinance. Any powers granted to or duties imposed upon the
Director may be delegated by the Director to other Department personnel.
1. Wastewater Discharge
It shall be unlawful to discharge sewage, industrial wastes or other wastes without
authorization by the Director to any sewer within the jurisdiction of the City and /or to the City's
treatment work(s). Industrial users of the public sewer system shall be surveyed at time intervals
of 3 years or less to determine the significance of the user's discharge and whether such is to be
construed to be a significant industrial user.
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2. Individual Wastewater Discharge Permits
2.1 General and Individual Wastewater Discharge Permit Requirement
All significant Industrial Users connecting to or proposing to connect to the POTW shall obtain a
Wastewater Discharging Permit before connecting to or discharging to the POTW. The Director
may deny the issuance of a permit or issue a conditional permit to any significant industrial user
if such discharge represents new or increased amounts of pollutants which will cause inhibition
of POTW processes, pass- through of contamination or contamination of sewage sludges to
inhibit its normal disposal. Users determined by the Department not to be a significant Industrial
User shall not be required to obtain a permit to discharge.
2.2 Permit Application
Significant Industrial Users shall complete and file with the Department, a permit application in
the form prescribed by the Director, and accompanied by the appropriate fee. Permit
applications shall be signed by an Authorized Representative of the Industrial User. Proposed
new Users 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, mailing address and physical location of the User;
b) Disclosure of Standard Industrial Classification (SIC) number;
c) Disclosure of wastewater constituents and characteristics. Analyses may be chemical
and /or biological, performed in accordance with procedures established by the U.S.
EPA and contained in 40 CFR Part 136, as amended;
d) Disclosure of the 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;
1) 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 mean sea level or other
reproducible bench mark);
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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 City;
h) Disclosure of the nature and the concentration on any pollutants or materials in the
discharge.
i) Disclosure of each product provided by type, amount, process or processes, and rate
of production;
j) Disclosure of the type of raw material utilized;
k) All permit applications for new or modified permits shall be signed by an agent of the
user 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 user authorized to make such applications;
1) All sewers shall have an inspection and sampling manhole or structure with an
opening of no Tess 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 Director in the Discharger's permit to assure compliance with this Ordinance.
The Director will evaluate the complete application and data furnished by the User and may
require additional information. Within 60 days after acceptance of the data furnished, the
Director may issue a Wastewater Discharge Permit subject to terms and conditions provided
herein.
2.3 Permit Modifications
The Department reserves the right to amend any Wastewater Discharge Permit issued hereunder
in order to assure compliance by the Department with applicable laws and regulations. Within 9
months of the promulgation of a National Categorical Pretreatment Standard, the Wastewater
Discharge Permit of each user 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 City as a part of this Ordinance. Where a user, 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 user shall apply for a Wastewater Discharge
Permit from the Department within 180 days after the promulgation of the Applicable National
Categorical Pretreatment Standard by the U.S. EPA. In addition, the user with an existing
17
Wastewater Discharge Permit shall submit to the Director 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 user 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 wastewater constituents and characteristics regulated thereby;
c) Limits on 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 Director 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. Users
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 user for a specific operation and are not
assignable to another user without written permission of the Director nor are the wastewater
permits transferable to another location.
2.7 Contents of Permit
Permit forms shall include, but not be limited to, the following information:
(a) Statement of Duration;
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(b) Statement of non assignability or non transferability without written
permission of the Commission;
(c) Effluent limits, including Best Management Practices, based on applicable
general pretreatment standards,
categorical pretreatment standards, local limits and State and local laws;
(d) Self- monitoring, sampling, reporting, notification and record keeping
requirements, including an identification of the pollutants to be monitored,
sampling location, sampling frequency, and sample type;
(e) Statement of applicable administrative, civil and criminal penalties for
violations;
(f) Statement of Appeal Procedure;
(g) Statement regarding Permit Modification;
(h) Statement regarding Revocation of Permit;
(i) Statement regarding Reissuance of Permit.
(j) Requirement to control Slug Discharge, if determined by the Director to
be necessary.
2.8 General Permits
A. At the discretion of the Director, the Director may use general permits to control SIU
discharges to the POTW if the following conditions are met. All facilities to be covered by a
general permit must:
(1) Involve the same or substantially similar types of operations;
(2) Discharge the same types of wastes;
(3) Require the same effluent limitations;
(4) Require the same or similar monitoring; and
(5) In the opinion of the Director, are more appropriately controlled
under a general permit than under individual control mechanisms.
B. To be covered by the general permit, the SIU must file a written request for coverage that
identifies its contact information, production processes, the types of wastes generated, the
location for monitoring all wastes covered by the general permit, any requests in accordance with
Section 3.2 for a monitoring waiver for a pollutant neither present nor expected to be present in
the Discharge, and any other information the POTW deems appropriate. A monitoring waiver for
19
a pollutant neither present nor expected to be present in the discharge is not effective in the
general permit until after the Director has provided written notice to the SIU that such a waiver
request has been granted in accordance with Section 3.2.
C. The Director must retain a copy of the general permit, documentation to support the POTW's
determination that a specific SIU meets the criteria in Section 10.08.05(2.8)A(1) to (5); (40 CFR
403.8(f)(1)(iii)(A)(1) and applicable State regulations, and a copy of the User's written request
for coverage for 3 years after the expiration of the general control mechanism.
D. The Director may not control an SIU through a general permit where the facility is subject to
production -based categorical Pretreatment Standards or categorical Pretreatment Standards
expressed as mass of pollutant discharged per day or for IUs whose limits are based on the
Combined Waste stream Formula (Section 2.2C (40CFR403.6(e)) or Net/Gross calculations
(Section 2.2 D (40 CFR 403.15)).
3. Reporting Requirements
3.0 Baseline Monitoring Report
A. Within either one hundred eighty (180) days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a category determination under 40
CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or
scheduled to discharge to the POTW shall submit to the Director a report which contains the
information listed in paragraph B, below. At least ninety (90) days prior to commencement of
their discharge, new sources, and sources that become categorical users subsequent to the
promulgation of an applicable categorical standard, shall submit to [the Superintendent] a report
which contains the information listed in paragraph B, below. A new source shall report the
method of pretreatment it intends to use to meet applicable categorical standards. A new source
also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B. Users described above shall submit the information set forth below.
(1) All information required in Section 10.08.05(2.2)
[reference: 40CFR 403.12(b)(1) -(7)]
(2) Measurement of pollutants.
a. The user shall provide the information required in Section 10.08.05 (3.2) B.
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b. The user shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this paragraph.
c. Samples should be taken immediately downstream from pretreatment facilities
if such exist or immediately downstream from the regulated process if no pretreatment
exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment
the user should measure the flows and concentrations necessary to allow use of the
combined waste stream formula of 403.6(e) in order to evaluate compliance with the
Pretreatment Standards. Where an alternate concentration or mass limit has been
calculated in accordance with 403.6(e) this adjusted limit along with supporting data
shall be submitted to the Control Authority;
d. Sampling and analysis shall be performed in accordance with Section
10.08.05 (5).
e. The Director may allow the submission of a baseline report which utilizes only
historical data so long as the data provides information sufficient to determine the need
for industrial pretreatment measures;
f The baseline report shall indicate the time, date and place, of sampling, and methods of
analysis, and shall certify that such sampling and analysis is representative of normal
work cycles and expected pollutant Discharges to the POTW.
(3) Compliance Certification. A statement, reviewed by the user's authorized
representative as defined in Section 10.08.01 and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent basis, and, if not,
whether additional operation and maintenance (O &M) and/or additional pretreatment is
required to meet the pretreatment standards and requirements.
(4) Compliance Schedule. If additional pretreatment and/or O &M will be required to
meet the pretreatment standards, the shortest schedule by which the user will provide
such additional pretreatment and /or O &M must be provided. The completion date in this
schedule shall not be later than the compliance date established for the applicable
pretreatment standard. A compliance schedule pursuant to this section must meet the
requirements set out in Section 3.2 of this ordinance.
(5) Signature and Report Certification. All baseline monitoring reports must be certified
in accordance with Section 10.08.03.2 (1) of this ordinance and signed by an authorized
representative as defined by Section 10.08.05(3.0)(B)(5).
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3.1 Compliance Report
Within 90 days following the date for final compliance by the user with applicable categorical
Pretreatment Standards or 90 days following commencement of the introduction of wastewater
into the POTW by a New Source, any user subject to pretreatment standards or requirements
shall submit to the Director 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
gallon as described in 40 CFR 403.12(d). The report shall state whether the applicable
Pretreatment Standard or Requirements are being met on a consistent basis and, if not, what
additional 0 M and /or pretreatment is necessary to bring the user into compliance with the
applicable Pretreatment Standards or Requirements. This statement shall be signed by a duly
authorized representative of the user.
3.2 Periodic Compliance Reports
(A) All SIUs 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 user, after
commencement of the discharge to the City's facilities shall submit to the Director, 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 Director
may accept reports of average and maximum flows estimated by verifiable techniques. The
Director, 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 dates
other than those specified above. All wastewater reports must be signed by an Authorized
Representative of the Industrial User and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
22
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
Self- monitoring by Significant Industrial Users which indicates a violation shall notify the
Director within 24 hours of being aware of the violation. The user shall repeat the sampling or
monitoring within 30 days after being aware of the violation and shall report the results to the
Department within that 30 -day period. Resampling by the Industrial User is not required if the
Department performs sampling at the user's facility at least once a month, or if the Department
performs sampling at the user between the time when the initial sampling was conducted and the
time when the user or the Department receives the results of this sampling, or if the Department
has performed the sampling and the analysis in lieu of the Industrial User.
(B) Reports of Users 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 Director. The frequency of monitoring by the user 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 amendment thereto and sampling requirements shall comply with 40 CFR
403.12(g)(3) (4). If a user subject to the reporting requirement in this section monitors any
regulated pollutant at the appropriate sampling location more frequently than required by the
Director, using the procedures prescribed in this section, the results of this monitoring shall be
included in the report.
(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 sampling
and analytical procedures approved by the Approval Authority or the U.S. EPA)
Note: All SIUs are required to submit periodic compliance reports.
(1) Except as specified in Section 10.08.05(3.2), all Significant Industrial Users must
submit no less than twice per year (June and December [or on dates specified]) reports
indicating the nature, concentration of pollutants in the discharge which are limited by
Pretreatment Standards and the measured or estimated average and maximum daily flows
for the reporting period. In cases where the Pretreatment Standard requires compliance
with a Best Management Practice (BMP) or pollution prevention alternative, the User
must submit documentation required by the Director or the Pretreatment Standard
necessary to determine the compliance status of the User.
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(2) Annual certification by Non Significant Categorical Industrial Users. A facility
determined to be a Non Significant Categorical Industrial User pursuant to 40 CFR
403.3(v)(2) must annually submit the following certification statement, signed in
accordance with the signature requirements in paragraph 1 of this section. This
certification must accompany any alternative report required by the Control Authority.
Based on any inquiry of the persons directly responsible for managing compliance with
the categorical Pretreatment Standards under 40 CFR, L,
certify that, to the best of my knowledge and belief that during the period from
to (month, day, year): (a) The facility
described as (facility name) met the definition of a non significant
categorical industrial user as described in 40 CFR 403.3 (v)(2); (b) the facility compiled
with all applicable pretreatment standards and requirements during this reporting
period; and (c) the facility never discharged more than 100 gallons of total categorical
wastewater on any given day during this reporting period. This compliance is based on
the following information:
(C) The Director may authorize an Industrial User subject to a categorical Pretreatment Standard
to forego sampling of a pollutant regulated by a categorical Pretreatment Standard if the
Industrial User has demonstrated through sampling and other technical factors that the pollutant
is neither present nor expected to be present in the Discharge, or is present only at background
levels from intake water and without any increase in the pollutant due to activities of the
Industrial User. [see 40 CFR 403.12(e)(2)] This authorization is subject to the following
conditions:
(1) The waiver may be authorized where a pollutant is determined to be present solely due to
sanitary wastewater discharged from the facility provided that the sanitary wastewater is not
regulated by an applicable categorical Standard and otherwise includes no process wastewater.
(2) The monitoring waiver is valid only for the duration of the effective period of the Permit [or
other equivalent individual control mechanism], but in no case longer than 3 years. The User
must submit a new request for the waiver before the waiver can be granted for each subsequent
control mechanism. See Section 10.08.05 (2.4)(g).
(3) In making a demonstration that a pollutant is not present, the Industrial User must provide
data from at least one sampling of the facility's process wastewater prior to any treatment present
at the facility that is representative of all wastewater from all processes.
(4) The request for a monitoring waiver must be signed in accordance with Section 10.08.01
(Definitions), and include the certification statement in Section 10.08.05(3.2)(A) and (40 CFR
403.6(a)(2)(ii)).
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(5) Non detectable sample results may only be used as a demonstration that a pollutant is not
present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection
level for that pollutant was used in the analysis.
(6) Any grant of the monitoring waiver by the Director must be included as a condition in the
user's permit [or other control mechanism]. The reasons supporting the waiver and any
information submitted by the user in its request for the waiver must be maintained by the
Director for 3 years after expiration of the waiver.
(7) Upon approval of the monitoring waiver and revision of the user's permit by the Director, the
Industrial User must certify on each report with the statement in Section 10.08.05(3.2)(D)below,
that there has been no increase in the pollutant in its waste stream due to activities of the
Industrial User.
(8) In the event that a waived pollutant is found to be present or is expected to be present based
on changes that occur in the user's operations, the user must immediately: Comply with the
monitoring requirements of Section 10.08.05(3.2) or other more frequent monitoring
requirements imposed by the Director, and notify the Director.
(9) This provision does not supercede certification processes and requirements established in
categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment
Standard.
D. Certification of Pollutants Not Present
Users that have an approved monitoring waiver based on Section 10.08.05(3.2)(C)(7) must
certify on each report with the following statement that there has been no increase in the
pollutant in its waste stream due to activities of the user [see 403.12(e)(2)(v)].
Based on my inquiry of the person or persons directly responsible for managing compliance with
the Pretreatment Standard for 40 CFR [specify applicable National Pretreatment
Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no
increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the
facility since filing of the last periodic report.
3.3 Reports of Changed Conditions
Each User must notify the Director in advance of any significant changes to the user's
operations or system which might alter the nature, quality, or volume of its wastewater at least 10
days before the change.
A. The Director may require the user to submit such information as may be deemed
necessary to evaluate the changed condition, including the submission of a wastewater
discharge permit application under Section 10.08.05.2.2 of this ordinance.
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B. The Director may issue an individual wastewater discharge permit under Section
10.08.05(2.1) of this ordinance or modify an existing wastewater discharge permit under
Section 10.08.05(2.3) of this ordinance in response to changed conditions or anticipated
changed conditions.
All industrial users shall promptly notify the Director in advance of any pollutants in their
discharge which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261.
All industrial users shall promptly notify the Director immediately of all discharges by
the user that could cause interference or upset to the POTW, including any slug loading.
4. Monitoring Facilities
Each significant Industrial User shall provide and operate at the user's own expense, a
monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge
to the City's facilities. Each monitoring facility shall be situated on the user's premises, except
where such a location would be impractical of cause undue hardship on the Discharger, the
Director 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 user.
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 user.
5. Inspection and Sampling
The Director may inspect the monitoring facilities of any user to determine compliance
with the requirements of this Ordinance. Significant Users shall be inspected and sampled at
least once per year. The user shall allow the Director or its authorized representatives to enter
upon the premises of the user at all reasonable hours, for the purposes of inspection, sampling, or
records examination. The Director shall have the right to set up on the user's property such
devices as are necessary to conduct sampling, inspection, compliance monitoring and/or
metering operations. The Director shall the right to an equal and identical portion of any
bonafide sample (upon demand) collected by the user from waste streams being discharged to the
26
POTW. The user shall have the right to an equal and identical portion of any bonafide sample
(upon demand) collected by the Director from waste streams being discharged to the POTW.
The Director shall provide written notification to the user of the results of any and all analyses
made with the sample. All analyses shall be compared to applicable pretreatment standards and
discharge limits. All records and sampling shall be made with sufficient care to provide
evidence admissible in any enforcement proceedings. Record of the details of all bonafide
sampling shall be maintained in a Chain -of- Custody document which shall indicate type of
sample collection, location of sample collection, all persons involved with the collection,
conveyance, and testing of a sample, methods of sample preservation, and testing standard
utilized.
All wastewater samples must be representative of the user's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a user to keep its monitoring
facility in good working order shall not be grounds for the user to claim that sample results are
unrepresentative of its discharge.
Samples collected to satisfy reporting requirements must be based on data obtained
through appropriate sampling and analysis performed during the period covered by the report,
based on data that is representative of conditions occurring during the reporting period. The
Director shall require that frequency of monitoring necessary to assess and assure compliance by
the user with applicable pretreatment standards and requirements.
A. Except as indicated in Section B and C below, the user must collect wastewater samples
using 24 -hour flow proportional composite sampling techniques, unless time
proportional composite sampling or grab sampling is authorized by the Director. All
samples must be representative of the discharge. Using protocols (including appropriate
preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab
samples collected during a 24 -hour period may be composited prior to the analysis as
follows: for cyanide, total phenols, and Sulfides. The samples may be composited in the
laboratory or in the field; for volatile organics and oil grease the samples may be
composited in the laboratory. Composite samples for other parameters unaffected by the
compositing procedures as documented in approved EPA methodologies may be
authorized by Director as appropriate. In addition, grab samples may be required to show
compliance with instantaneous discharge limits. [see 40CFR 403.12(g)(3)]
27
B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and 90 -day compliance reports
required in Section 10.08.05(3) [(403.12(b) and (d)1, a minimum of four (4) grab samples
must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic
compounds. For facilities for which historical sampling data do not exist; for facilities
for which historical sampling data are available, the Director may authorize a lower
minimum. For the reports required by paragraphs Section 10.08.05(3.2) R403.12(e) and
403.12(h)1, the Director shall require the number of grab samples necessary to assess and
assure compliance by industrial users with applicable pretreatment standards and
requirements. (see 40 CFR 403.12(g)(4))
6. Confidential Information
Information and data furnished to the Department with respect to the nature and
frequency of discharge shall be available to the public or other governmental agency without
restriction unless the user specifically requests at the time of submittal and is able to demonstrate
to the satisfaction of the Department 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 user. Each page containing confidential information shall be
stamped with the words "confidential business information When requested by a user
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
user furnishing the report. Waste water constituents and characteristics and other "effluent data"
as defined by 40 CFR 2.302 will not be recognized as confidential information and will be
available to the public without restriction. Information specifically designated as and accepted
by the Department as being confidential, shall not be transmitted to any governmental agency by
the Department until and unless a ten -day notification is given to the user.
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SECTION 10.08.06: ENFORCEMENT
1. Emergency Suspension of Service and Discharge Permits
The Director may, for good cause, suspend the wastewater treatment service and/or the
Wastewater Discharge Permit of any user by the procedure set forth by a written enforcement
response plan adopted by the Commission when it appears to the Director 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, or violated any pretreatment limits imposed by this Ordinance. Any user notified of the
suspension of the City's wastewater treatment service and/or the user's Wastewater Discharge
Permit shall, within a reasonable period of time, as determined by the Director, cease all
discharges. In the event of failure of the user to comply voluntarily with the suspension order
within the specified time, the Department shall take all lawful actions necessary to suspend the
access of the user to the POTW. The Director shall reinstate the Wastewater Discharge Permit
and/or the wastewater treatment service upon proof by the user of the elimination of the non-
complying danger as set forth above.
2. Revocation of Permit
The Director may revoke the permit, by the procedure set forth by a written enforcement
response plan adopted by the Commission, of any user which fails to
(a) factually report the wastewater constituents and characteristics of its discharge;
(b) report significant changes in operations or in wastewater constituents or characteristics;
(c) refuses reasonable access to the user's premises by representatives of the Director 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 user's permit as
provided for by this Ordinance.
3. Notice of Violation Administrative Adjustment
Whenever the Director finds that any user has violated or is violating any provision of
this Ordinance, wastewater discharge permit, or any prohibition or limitation of the requirements
contained herein, the Director shall serve or cause to be served upon such user a notice either
personally or by certified mail, return receipt requested, stating the nature of the alleged
29
violation. If the user fails to correct a violation within 15 days of receiving notice of the
violation, the Director may issue an Administrative Order for the correction of the violation,
however, the user is not relieved of the responsibility of unauthorized discharges which occur
within the 15 -day interval. Within 30 days of the date of receipt of the notice, the user shall
respond personally or in writing to the Director advising of the user's position with respect to the
allegations. This response shall include an explanation of the violation and a plan for the
satisfactory correction and prevention thereof, to include specific required actions. Submission
of this plan in no way relieves the user of liability for any violations occurring before or after
receipt of the Notice of Violation. Thereafter, the parties shall meet to ascertain the veracity of
the allegations and where necessary, establish a plan for the satisfactory correction thereof.
Nothing in this section shall limit the authority of the Director to take any action, including
emergency actions or any other enforcement action, without first issuing a Notice of Violation.
This section does not apply to Section 10.08.06(1) actions.
4. Show Cause Hearing
Where violations of all applicable pretreatment standards are not corrected by timely
compliance, as set forth by a written enforcement response plan adopted by the Commission, the
Director may order any user which causes or allows conduct prohibited by Section 10.08.05(2)
hereof, to show cause before the Director or its duly authorized representative, why the proposed
permit revocation should not be taken. A written notice shall be served on the user by personal
service, or certified or registered mail, return receipt requested, specifying the time and place of a
hearing to be held by the Director 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 user. The proceedings at the hearing shall be
considered by the Director which shall enter appropriate orders with respect to the alleged
improper activities of the user. Appeal of such orders may be taken by the user in accordance
with applicable local or state law.
5. Consent Orders
The Director may enter into Consent Orders, assurances of voluntary compliance, or
other similar documents establishing an agreement with any user responsible for non-
compliance. Such documents will include a specific action to be taken by the user to correct the
30
noncompliance within a time period specified by the document. Such documents shall have the
same force and effect as administrative orders.
6. Judicial Proceedings
Following the entry of any order by the Director with respect to the conduct of a user
contrary to the provisions of this Ordinance or Federal or State pretreatment requirements, the
Attorney for the Commission or City may, following the authorization of such action by the
Department, commence an action for appropriate legal and /or equitable relief.
7. Enforcement Actions Annual Publication
A list of all Industrial Users 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 Commission in the local newspaper summarizing the enforcement action taken
against the users during the same twelve (12) months which were in significant noncompliance
with applicable Pretreatment requirements over that 12 month period.
A pattern of significant non compliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty
six percent (66 or more of all of wastewater measurements taken for the same
pollutant parameter during a six (6) month period exceed (by any magnitude a numeric
pretreatment standard or requirement, including instantaneous limits, as defined in 40
CFR 403.3(1);
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty -three
percent (33 or more of all of wastewater measurements taken for the same pollutant
parameter during a six (6) month period equal or exceed the product of the numeric
pretreatment standard or requirement including instantaneous limits as defined 40 CFR
403.3(1) multiplied by the applicable criteria (1.4 for BOD TSS, fats, oils and grease,
and 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment standard or requirement as defined by 40 CFR
403.3(1) (daily maximum, long -term average, instantaneous limit, or narrative standard)]
that the Director determines has caused, alone or in combination with other discharges,
interference or pass through, including endangering the health of POTW personnel or the
general public;
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D. Any discharge of pollutants that has caused imminent endangerment to the public or the
environment, or has resulted in the Director's exercise of its emergency authority to halt
or prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
F. Failure to provide within forty -five (45) days after the due date, any required reports,
including baseline monitoring reports, reports on compliance with categorical
pretreatment standard deadline, periodic self monitoring reports, and reports on
compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), which may include a violation of Best Management Practices,
which the Director determines will adversely affect the operation or implementation of
the local pretreatment program.
8. Right of Appeal
Any user or any interested party shall have the right to request in writing an interpretation
or ruling by the Director on any matter covered by this Ordinance and shall be entitled to a
prompt written reply. In the event that such inquiry is made by a user 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 user's request shall stay all enforcement proceedings, apart from emergency
suspension enabled by 10.08.06.1 of this Ordinance, pending receipt of the aforesaid written
reply. User's appeal of any final judicial order issued pursuant to this Ordinance may be taken
by the Director in accordance with local and state law.
9. Upsets
A. For the purposes of this Section, upset means an exceptional incident in which there is
unintentional and temporary noncompliance with Categorical Pretreatment Standards because of
factors beyond the reasonable control of the user. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventative maintenance, or careless or improper operation.
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B. An upset shall constitute an affirmative defense to an action brought for noncompliance with
categorical Pretreatment Standards if the requirements of paragraph (C) below are met.
C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
(I) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workman -like manner
and in compliance with applicable operation and maintenance procedures; and
(3) The user has submitted the following information to the Director within twenty -four
(24) hours of becoming aware of the upset [if this information is provided orally, a
written submission must be provided within five (5) days]:
(a) A description of the indirect discharge and the cause of noncompliance;
(b) The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to continue; and
(c) Steps being taken and /or planned to reduce, eliminate and prevent recurrence
of the noncompliance.
D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall
have the burden of proof.
E. Users shall have the opportunity for a judicial determination on any claim of upset only in an
enforcement action brought for noncompliance with categorical Pretreatment Standards.
F. Users shall control production of all discharges to the extent necessary to maintain
compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its
treatment facility until the facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things, the primary source of power
of the treatment facility is reduced, lost, or fails.
10. The remedies provided for in this ordinance are not exclusive. The Director may take any,
all, or any combination of these actions against a noncompliant user. Enforcement of
pretreatment violations will generally be in accordance with the Department's enforcement
response plan. However, the Director may take other action against any user when the
circumstances warrant. Further, the Director is empowered to take more than one enforcement
action against any noncompliant user.
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SECTION 10.08.07 ENFORCEMENT REMEDIES
1. Surcharges: Industrial users shall, in addition to normal sewer service charges, be
assessed by the Director a separate surcharge to cover the additional cost of treatment when
wastewater characteristics exceed local parameters of 250 mg /L for BOD and TSS.
2. Administrative Penalties: Significant Industrial users may, in addition to normal sewer
service charges, be assessed by the Director a separate administrative penalty when wastewater
characteristics exceed parameters as established in the Industrial User's Permit.
Any non residential discharges exceeding the local limits established by the Director as
provided for in Section 10.08.02(2.5) of this ordinance shall be considered non complying
discharges and a separate administrative penalty may be assessed by the Director for each
parameter that is exceeded. The method of establishing said administrative penalties shall be
that as provided by Ordinance. Payment of said administrative 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 administrative penalties shall not
exempt the user from actions taken by Commission under Section 10.08.06(2) of this Ordinance.
3. Additional Administrative Penalties for Recovery of Costs:
Any user violating any of the provisions of this Ordinance, or who discharges or causes a
discharge producing a deposit of obstruction, or causes damage to or impairs the City's
wastewater disposal system shall be liable to the Department for any expense, loss or damage
caused by such violation or discharge. The Department shall bill the user for the costs incurred
by the Department 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 and
such violation and/or assessment shall then be determined by a court of competent jurisdiction.
4. Miscellaneous Administrative Fines:
The schedule of administrative fines and the conditions for their assessment shall be prepared by
the Director and approved by the Commission. The amount of the fine may be escalating as
approved by the Commission for continued or repeated violations. Fines shall not exceed a
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maximum of $1,000 per day per offense. Administrative fines shall be included with monthly
sewer use fees.
Users desiring to dispute administrative fines must file a written request for the Director
to reconsider the fine along with full payment of the fine amount within 10 calendar days of its
billing. Where the request has merit, the Director may convene a hearing on the matter. In the
event the user's appeal is successful, the payment shall be returned to the user. The decision of
the Director may be appealed to the Commission at a regularly scheduled meeting or a special
meeting of the Commission convened for that specific purpose.
5. Criminal Civil Penalties
When the Director finds that a user has violated any provision of this ordinance, or
continues to violate, any provision of this ordinance, an individual wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement, the Director may
petition the District Court of Crawford County, Arkansas, through the Department's attorney for
the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels
the specific performance of the individual wastewater discharge permit, order, or other
requirement imposed by this ordinance on the activities of the user. The Director may also seek
such other action as is appropriate for legal and/or equitable relief, including a requirement for
the user to conduct environmental remediation. A petition for injunction relief shall not be a bar
against, or a prerequisite for, taking any other action against a user.
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 way upon being convicted of violating this Ordinance,
shall, be guilty of a misdemeanor and thereupon be fined no more than $1,000 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 Department may recover
reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation as
restitution established by the court.
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6. Limitations as to Criminal and/or Civil Penalties
That the Department pursuant to this Ordinance and in compliance with federal minimum
requirements set out in 40 CFR 403.8(f)(1)(vi)(A) and in accordance with Act 884 of 1991 and
its successor legislation, if any, shall have the authority to collect those civil and criminal
penalties as set out in Van Buren Municipal Code Section 10.08.07 in a court of competent
jurisdiction such civil and criminal penalties in an amount not to exceed $1,000 for each
violation by industrial users of pretreatment standards or requirements. For the purpose of this
subsection, each day of a continuous violation may be deemed a separate violation.
SECTION 10.08.08: RECORDS RETENTION
All users subject to this Ordinance shall retain and preserve for not 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 user in connection with its discharge. Any Industrial User subject to the reporting
requirements of this Ordinance shall make all monitoring records, including documentation
associated with BMPs, available for inspection and copying by the Director. All records which
pertain to matters which are the subject of Administrative Adjustment or any other enforcement
or litigation activities brought by the Department pursuant hereto shall be retained and preserved
by the user 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.
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SECTION 10.08.11: EFFECTIVE DATE
THAT this Ordinance being necessary for the preservation of the public peace, health and
0 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, 19 -1981, 6-
1990 and 3 -1997 which are revised under the Van Buren Municipal Code Chapter 10.08. This
Ordinance specifically repeals Van Buren Municipal Code Chapter 10.16.01 through 10.16.04,
which is embodied in Ordinance #7 -1992.
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 an 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.
PASSED AND APPROVED this CO
day of -1 1101 o?BO
MAYOR
ATTEST:
City Clerk
0
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