ORD NO 27-2009 ORDINANCE NO. 27 -2009
AN ORDINANCE REPEALING ORDINANCE NO. 7 -1990 AND ORDINANCE
NO. 3 -1991 AND ESTABLISHING ADMINISTRATIVE PENALTIES AND
PROVIDING FOR SURCHARGES FOR SIGNIFICANT INDUSTRIAL
DISCHARGES IN ADDITION TO NORMAL SEWER SERVICE CHARGES
AND DECLARING AN EMERGENCY.
WHEREAS, the city of Van Buren, Arkansas, in Ordinance No. 26 -2009
presently codified as Van Buren Municipal Code 10.08.01 through 10.08.13,
provides that significant industrial dischargers defined as non resident users which
normally discharge wastewater to the POTW in quantities of 25,000 gallons per
day or greater or whose waste contains or has the potential to contain toxic
pollutants, restricted pollutants or non compatible pollutants, shall in addition to
normal sewer service be assessed by the Van Buren Municipal Utilities
Commission a separate administrative penalty and /or a separate surcharge when
wastewater characteristics exceed certain parameters set by the Van Buren
Municipal Utilities Commission by Ordinance; and,
WHEREAS, it is important for the City to assess penalties and surcharges
for dischargers that exceed the limits in order to force significant industrial
dischargers to restrict pollutants or non compatible pollutants; and,
WHEREAS, said restrictions are necessary in order to protect the Van Buren
Sewer System including the treatment plant in order to protect the health, safety,
and welfare of the inhabitants of the City of Van Buren, Arkansas.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the City
Council of the City of Van Buren, County of Crawford, State of Arkansas, that
Chapter 10 of the Van Buren Municipal Code is hereby amended to contain the
following additional Sections to be codified as follows:
SECTION 10.08.14: APPLICATION OF DEFINITIONS
That for the purpose of this Ordinance the definitions as set out in Van
Buren City Ordinance No. 26 -2009 as the Definitions therein shall also apply to
this Ordinance.
SECTION 10.08.15: PURPOSE
The purpose of this Ordinance is to establish surcharges and administrative
penalties enabled under Van Buren Municipal Code Section 10.08.07.
SECTION 10.08.16: ADMINISTRATIVE PENALTIES
Significant industrial dischargers may, in addition to normal sewer service
charges and surcharges, be assessed by the Van Buren Municipal Utilities
Commission a separate administrative penalty when wastewater characteristics
exceed parameters herein established. Said administrative penalties shall be as
follows:
1. Biochemical Oxygen Demand
$2.00 per pound of BOD discharged for waste strength concentrations
discharged greater than the mass proportion limits as established by the
Van Buren Municipal Utilities Commission for each significant
industrial discharger permit, i.e. ($2.00) x (Lbs B.O.D. LIMIT) Per
1000 gallons.
2. Total Suspended Solids
$2.00 per pound of T.S.S. discharged for waste strength concentrations
discharged greater than the mass
proportion limits as established by the Van Buren Municipal Utilities
Commission for each significant industrial discharger permit, i.e. ($2.00)
x (LBS TSS LIMIT) per 1000 gallons.
3. pH
$5.00 per thousand gallons for all dischargers for which the pH is greater
than 11 or less than 5, i.e. ($5.00) per 1000 gallons.
4. Fats Oils, and Greases
$5.00 per pound of fats, oils, and greases for wastewater discharges
exceeding '100 mg /L of fats, oils, and greases, i.e. ($5.00) x (FOG -100) x
(0.00834) per gallons.
5. Other Limited Parameters
Administrative Penalties may be assessed for other pollutant parameters
that are limited in concentration by the Van Buren Municipal Utilities
Commission through Ordinance or local discharge limits.
$5.00 per 1000 gallons per parameter shall be charged for all wastewater
exceeding the most recent local discharge limits set by the Van Buren
Municipal Utilities Commission as authorized by ordinance.
SECTION 10.08.17: SURCHARGES
Significant industrial dischargers shall in addition to normal sewer service
charges and civil penalties be assessed by the Van Buren Municipal Utilities
Commission a separate surcharge to cover the additional cost of treatment when
wastewater characteristics exceed parameters herein established.
1. Biochemical Oxygen Demand
$0.50 per pound of BOD discharged for waste strength concentrations
discharged greater than 250 mg/L, i.e. ($0.50) x (BOD -250) x (0.00834)
per thousand gallons.
2. Total Suspended Solids
$0.50 per pound of TSS discharged for waste strength concentrations
discharged greater 250 mg /L, i.e. ($0.50) x (TSS -250) x (0.00834) per
thousand gallons.
SECTION 10.08.18: SAMPLES
The above charges may be based on sample test results by both the user
and /or the Van Buren Municipal Utilities Commission or Department. A split
sample for the purpose of establishing charges shall be made available for use by
the Commission or Department upon written request: Final determination as to
charges based on test results other than appeal procedures shall be within the Van
Buren Municipal Utilities Department.
SECTION 10.08.19: WAIVER
That the City of Van Buren, Arkansas, by the establishment of such charges
or the acceptance of any payments upon said charges shall not waive any right it
has to proceed under any enforcement proceedings established under this
Ordinance or by the Van Buren Municipal Code Sections 10.08.01 and following.
EMERGENCY CLAUSE
That the establishment of surcharges and for administrative penalties for
abuses to the Van Buren Water and Sewer treatment facilities is necessary in order
to stop said abuses and that violation of such creates a peril to the health, welfare,
and safety of the inhabitants of the City of Van Buren, Arkansas, and therefore, an
emergency is declared to exist and this Ordinance shall take effect immediately
upon its passage.
PASSED AND APPROVED this day of 0' -pbeut. 2
Bob Freeman, MAYOR
ATTEST:
i3 ctiaL etedZ,
Barbie Curtis, CITY CLERK