10 October 2009 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING OCTOBER 19, 2009
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, October
19, 2009 at City Hall. The meeting was called to order by Mayor Freeman. On roll call, the
following Council members answered as their names were called: Alderman Swaim, Parker,
Moore. Ragsdale, Dodd, and Sagely. City Clerk Treasurer Barbie Curtis and City Attorney
Donald Jenkins were present. This made a total of nine (9) present. A quorum was declared.
The invocation was given by Reverend Les Williams, Pastor of First Nazarene Church.
Next, Mayor Freeman led the Pledge of Allegiance.
Mayor Freeman announced that we just received word that we have once again received
the Volunteer Community of the Year award. He also thanked Ms. Mitchell for putting that
packet together.
On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting
on September 21, 2009. Alderman Swaim made a motion to approve the minutes. Alderman
Ragsdale seconded the motion. On roll call, the following Council members voted aye:
Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. The following voted nay: none.
On the agenda next was to consider AN ORDINANCE TO COMPLY WITH ARK.
CODE ANN. 14 -42 -107, AUTHORIZING THE CITY TO CONTRACT WITH A CITY
OF VAN BUREN OFFICIAL OR EMPLOYEE, OR THEIR FAMILY MEMBERS;
DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. The Clerk read the
Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the
Ordinance be placed on its second reading. The motion was seconded by Alderman Parker. On
the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Moore, Ragsdale, Dodd, and Sagely. The Mayor declared the motion carried as there were six
(6) ayes and (0) nays. Four (4) votes being necessary for passage. The Clerk then read the
Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Sagely. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third
and final time. The Mayor asked if there was any discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Parker, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 21 -2009
r CITY OF VAN BUREN I I A.C.A 1442 -107 is satin-
ARKANSAS Pied for the conducting of IN WITNESS WHEREOF.
ORDINANCE NO. all city business; and
21 -2009 I I the City 4
Van,BUren, Ar-
W HEREAS, the purpose of kansas, by its City Coun-
I BE IT ENACTED BY THE i this Ordinance is immedi- cil, did pass, approve, and
1I CITY COUNCIL, FOR THE
CITY OF, VAN BUREN, AR- 1 ervat ion ately f necessary othe for pres- health, adopt, by a'vote of 6 for
KANSAS AN ORDINANCE safety and welfare 0 against, the forego
are of the ing Ordinance at its Regu-
TO BE ENTITLED: inhabitants of the City of lar Meeting held on the
1 pN ORDINANCE TO Van Buren, Arkansas and 19th of October; 2009.
I COMPLY WITH ARK- an emergency. exists Robert D. Freeman
CODE ANN. §1114- 42 107, which ,requires that this Mayor
i AUTHORIZING THE. Ordinance become imme- I Attested:
I CITYY, TO CONTRACT- diately effective and in i Barbie Curtis e
WITH 'A CITY, OF VAN
I BUREN OFFICIAL OR f force and effect; City Clerk/Treasurer
NOW, T IT 1 N Dd as form:
EMPLOYEE, THEIR ORDAINED INED ED AND ENACTED TED N. Donald Jenkins, enkk Jr. ns,
I FAMILY MEMBERS; RS; DE-
GLARING AN EMER-
BY THE CITY COUNCIL OF City Attorney
THE CITY OF VAN BUREN,
AND FOR Published in the October
GENCY, ARKANSAS, THAT: 24, 2009 issue of the Press
OTHER PURPOSES. I SECTION 1: Connie Greg- Argun- Cou }ier.
WHEREAS, A.C.A ory, is hereby authorized
14 -42 -107 requires an or- and accepted, as recom-
I dinance be enacted spe- mended by the Police De-
I cifically permitting the parthient, to perform
conducting of any busi- grass and trash cleanup
ness between an 'official I for cleanup orders for
or employee of the city, or Code Enforcement, up to
their .immediate family, $1301 as setout in Exhibit
and the City of Van Buren;
and SECTION 2: This ordi-
WHEREAS, the City of Van nance being necessary for
J Buren wishes to use Con- the financial continuity of
nie Gregory, the wife of the City of Van Buren, Ar-
Van Buren Fireman Larry kansas, and necessary in
Gregory, to perform grass providing for the immedi-
and trash ate preservation of the
cleanup orders cleanup, for Cod e,
public peace, _health, and
Enforcement, :because she safety, an emergency is
can perform the services declared to exist and this
at below market rate; and Ordinance shall take ef-
WHEREAS, it Is the desire feet and be in force after
of the Administration and 1 its passage and publica-
the Van Buren City Coon- fion.'
_cil that compliance with L-
On the agenda next was to consider AN ORDINANCE LEVYING (RENEWING)
THE MILLAGE TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES AND FOR
THE PUBLIC LIBRARY PURPOSES FOR THE YEAR 2009; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its
entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its
second reading. The motion was seconded by Alderman Ragsdale. On the Clerk's calling the
roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and
Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4)
votes being necessary for passage. The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Dodd. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third
and final time. The Mayor asked if there was any discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Moore to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Moore, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
CITY OF VAN BUREN THE ORDINANCE WAS GIVEN THE NUMBER 22 -2009
ARKANSAS l
ORDINANCE N0. current level of services sas; and the City General ate preservation of the
22 -2009 to its citizens by renewing Elections held on the 7th public peace, health, and
the levy of a 2 mill tax on day of April, 1942, (t mill) safety, an emergency is
BE IT ENACTED BY• THE
CITY COUNCIL, FOR THE real and personal prop- and the 8th day of Novem- declared to exist and this
CITY OF VAN BUREN,AR- erty, for the general mu- ber, 1994, (.4 mill), be, Ordinance shall be, take
KANSAS AN ORDINANCE nicipal purpose of the and he same is'hereby al effect and be in force af-
TO BE ENTITLED: City, and by renewing the fixed at 1.4 mills on the ter its passage and publi-
AN ORDINANCE LEVY- Ieiry of a 1.4 mill tax on dollar of the assessed cation.
ING "(RENEWING) THE real and personal and valuation of all real and IN WITNESS WHEREOF,
MILLAGE TAX FOR THE property tax for the Van. personal property subject the City of Van Buren, Ar-
CITY GENERAL MUNICI- B library mainte- to taxation in the City-of kansas, by its City Coon-
PAL PURPOSES AND nance purposes. Van Buren, Arkansas, for cil, did pass, approve, and
FOR THE PUBLIC LI- NOW, THEREFORE, BE IT the year 2009, for the li- adopt, by a vote of 6 for
BRARY PURPOSES, FOR ORDAINED AND ENACTED brary maintenance' pur- and 0 against, the forego
THE 'YEAR 2009; DE- BY THE CITY COUNCIL OF poses, subject to.the pro- ing Ordinance at its meet
GLARING M4 EMER- THE CITY OF VAN BUREN, visions of Act No 848 of ing held on the 18th day of
GENCY; AND FOR ARKANSAS, THAT: 1981; the same being "ad- October, 2009.
OTHER PURPOSES. SECTION I The rate of all justment or rollback of tax Robert D. freeman
WHEREAS, the City of Van real and personal property rates due to increase in Mayor
Buren, Arkansas, is. duly in Van Buren, Arkansas, aggregate valuation of Attested:
incorporated under the for the year 2009, far gen- taxable property." Barbie Curtis
laws of
incorporated
State of the eral municipal purposes SECTION 3: A Certified City Clerk/Treasurer Ao
kansas, with all powers, under the authority of Copy of this Ordinance Approve as to form:;
authority and' pokers, ,e a Section 4, Article XII; of shall be filed in the office N. Donald Jenkins, Jr.
,the Constitution,of,1874; of the County Clerk of City Attorney
city of the First Class; and 'of the 9faie of"Arkanas;' Crawford. County, Arkan-
WHEREAS, the purpose of 'be, and the same is sas, in order that the Quo
this Ordinance is imrnedi- Published in the October
ately necessary for ores- hereby affixed at 2 mills rum Court of the Craw- 24e 2009 issues of the
ervation of the .health, on the dollar of the as- ford County, Arkansas, Press Argus- Courier.
safety and welfare'of „the sessed valuation of all real may include the same in
inhabitants of the 'City of property subject to taxa- the general levy of the
Van Buren, Arkansas, and [ion in the. City of Van Bu- year 2009 and cause the
an emergency ..exists rem, Arkansas, for the year same to be extended upon
which requires that this 2009, for general munici- the tax books and .col
Ordinance become imme- pal purposes. Iected as required by law.
diately effective and in SECTION 2: The rate of SECTION 4: This Ordi-
full force and effect; and real and personal property nonce being immediately
WHEREAS. the City of Van in the City of t Buren, ,necessary to' obtain reve-
Buren, Arkansas, must Arkansas, for the he expenses year of nue to pay expenses of
have funds for its munici- 2009, for the maintenance the City. Government for
pal operations, and can of City Public Library, City of Van Buren, Ar-
only obtain the requisite
under kansas, r the authority of and necessary in
funding to continue its vote of the people of the a kansas providing for the immedi-
Cityiof Van Buren, Arkan-
On the agenda next was to consider AN ORDINANCE TO PROVIDE ACCESS TO
HEALTH BENEFITS FOR RETIRED MUNICIPAL EMPLOYEES; DECLARING AN
EMERGENCY, AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its
entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its
second reading. The motion was seconded by Alderman Parker. On the Clerk's calling the roll,
the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and
Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4)
votes being necessary for passage. The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Dodd. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third
and final time. The Mayor asked if there was any discussion. Mayor Freeman asked Sergeant
Rogers to speak about this. He has been actively involved with this law being enacted. Retired
employees have the option to keep the insurance at the age of 55 but not before. This law affects
two groups: employees who began employment with the City at a young age or employees who
have health issues and are deemed uninsurable. This ordinance would allow both parties the
option to retire and keep their insurance and pay the premium before the age of 55.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Ragsdale, that the
emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
Aldernan Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
1 clTM ARKANSAS.i THE ORDINANCE WAS GIVEN THE NUMBER 23 -2009
ORDINANCE NO clares -that a retired em-
23 -2009 declared to exist, and [his pealed or the ity's health IN WITNESS WH Ar t
BE IT ENACTED BY THE age, or official, at any ordinance shall be and be- plan no longer permits the the City of Van Buren, en, Ar-
CITY COUNCIL, FOR,THE age, may participate in come effective January 1, city to take advantage of
kansas,. by its City Cpun-
the City's health care plan 2010. this provision. cil, did pass, approve, and
CITY OF VAN BUREN, AR- if eh or she: NOW, THEREFORE; BE IT SECTION 3: The various 'adopt, by ,a vote of 6 for
KANSAS, AN ORDINANCE (1) Is eligible to receive ORDAINED BY THE CITY provisions and parts of
TO BE ENTITLED:- TO 0 against, the forego
retirement benefits from COUNCIL OF THE CITY OF this Ordinance are hereby
the Arkansas Local Police VAN BUREN, ARKANSAS: declared to be severable, ing Ordinance at Regu-
AN ORDINANCE TO
PROVIDE ACCESS TO lar Meeting held on the
HEALTH BENEFITS FOR and fire Retirement Sys- SECTION 1: The city and, if any section or part
tem, Arkansas Public Em- hereby clarifies that at of a section, or any provi- 19th day of October, 2009.
RETIRED MUNICIPAL ployees Retirement Sys- any age, qualified retired sion or part of a provision a D. Freeman
r M
EMPLOYEES; DECLAR- tem, or a local pension city employees and off i- herein, is declared to be aest
ING AN EMERGENCY, Attested:
AND FOR OTHER PUR- fund; cials, and their families, unconstitutional, inappro- Barbie Curtis
POSES. (2) Pays both the em- are eligible for• retiree priate or invalid by any City Clerk /Treasurer
ployer and the employee coverage under the. city's court of competent juris- Approved as to form:
WHEREAS, The .Arkansas contribution to, the health municipal health plan if diction, such holding shall
9 sl The. recently care plan; they are otherwise quali- not invalidate or affect N. Donald Jenkins, Jr
State Ee
passed and enacted Act (3) Is not covered at any Pied under Act 1279 (A.C.A the remainder of this Or-
1279 of 2009, •permitting time during retirement by City Attorney
retired municipal employ- 'another health care Ian; SECTION 24.12 -132), dinance and to that extent
Published in the October
ees or officials to partici- and plan: 2: Effective provisions hereto are de- Pr 2009 issues of the
pate in city health care Date. Passage of this ordi- Glared to be severable. Press Argus:Courier.._
(4) Notifies the City of is is necessary to as- SECTION 4: All ordi-
under specific situations; Van Buren within thirty sure the orderly and pro- nances, resolutions or
and (30) days after the official ductive administration of other acts of the City in
WHEREAS, the City of Van date or retirement of his
Buren wishes to authorize the City's policies con- conflict with the terms
or her intent to;eat care cerning all a employees. hereof t are repealed to the
its employees and offi- in the City's heallth h is essential care It is essee ntiti that al that City ity extent of any any such con
cials, upon retirement, at plan; and employees receive prompt filet.
any age, to participate in WHEREAS, the City of Van notification concerning
.health benefits for them- Buren has found that-the the benefits available to
selves and families if they purposes herein require them upon retirement,
are qualified, pursuant to immediate '!attention,!for and such notice should be
this act, which will be of the protection" of the made at the earliestpossi-
no cost or detriment to health, welfare and safety ble moment. Accordingly,
the City; and of the citizens of the City, this ordinance shall be-
WHEREAS, Pursuant to of Van Buren, and 'as 'come effective January 1,
Act 1279 the Van Buren herein set out, an emer,- 2010. This will remain in
City_Council hereby de- gency exists'and is hereby effect unless or until re
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE
NO. 7 -1963 (VAN BUREN MUNICIPAL CODE NO. 14.04.01) FOR THE PURPOSE OF
REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS,
AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS, AND
FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swaim
moved that the rules be suspended and the Ordinance be placed on its second reading. The
motion was seconded by Alderman Dodd. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. The Mayor
declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being
necessary for passage. The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Ragsdale. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third
and final time. The Mayor asked if there was any discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Ragsdale to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd. and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 24 -2009
WHEREAS, is a result of
CITY OF VAN BUREN this hearing, the Planning IN WITNESS WHEREOF,
ARKANSAS Commission has recom- the City of Van Buren, Ar-
ORDINANCE NO. mended that certain prop- kansas, by its City Coon-
24-2009 erty within the city limits cil, did pass, approve, and
BE IT ENACTED BY THE of the City of Van Buren adopt, by a vote of 6 for
CITY COUNCIL, FOR THE be rezoned from its previ- and 0 against, the forego
CITY OF VAN BUREN, AR- ous classification to the ing Ordinance at its meet
KANSAS, AN ORDINANCE, following: ing held on the 19th day of
,t6 BE� ENTITLEDi 14 'in Property Description October, 2009.
AN ORDINANCE TO Lots 1 -20, Block 9, Fair- Robert D.,Freeman
AMEND ORDINANCE mont Addition more com- Mayor
NO. 7 -1963 (VAN BUREN monly known as 400 Block Attested:
MUNICIPAL CODE NO. of North 19th and 20th Barbie Curtis
14.04.01) FOR THE PUR- Streets, Van Buren, Ar- City Clerk/Treasurer
POSE OF REZONING kansas Approved as to form:
CERTAIN PROPERTY IN ailment ned N. Donald Jenkins, Jr.
THE CITY OF VAN BU- R -2 City Attorney
REN, ARKANSAS, New Zoning Published in the October
AMENDING THE. ZON- G 24, 2009 issue of the Press
ING MAP OF THE CITY WHEREAS, The proposed ArgusCourier.
OF VAN BUREN, AR- rezoning herein was rec-
KANSAS, AND FOR ommended with A.C.A
OTHER PURPOSES. 14 -56 -422;
WHEREAS, the City of Van NOW, THEREFORE,' BE IT
Buren, Arkansas, is duly ORDAINED BY THE CITY
incorporated under the COUNCIL OF THE CITY OF
laws of the State of Ar- VAN BUREN, ARKANSAS:
kansas. with all powers, SECTION 1: The above -de-
authority and duties of a scribed property is hereby
city of the first class; and rezoned, and the Van Bu-
WHEREAS. the City of Van ren Zoning Map is hereby
Buren has adopted the amended to reflect this.
Zoning Ordinance for the rezoning; and
City of 'Van Buren (Otdi- SECTION 2: The adopted
nance No. 7- 1963): and rezoning shall be filed in
WHEREAS, notice of a the office of the City
Public Hearing was duly Clerk, in accordance with
published and a Public A.C.A 14
hearing was conducted as
required by law (A.C.A.
14 -56 -422) on October 6,
Ma and
On the agenda next was to consider AN ORDINANCE TO AMEND ORDINANCE
NO. 7 -1963 (VAN BUREN MUNICIPAL CODE NO. 14.04.01) FOR THE PURPOSE OF
REZONING CERTAIN PROPERTY IN THE CITY OF VAN BUREN, ARKANSAS,
AMENDING THE ZONING MAP OF THE CITY OF VAN BUREN, ARKANSAS, AND
FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Swaim
moved that the rules be suspended and the Ordinance be placed on its second reading. The
motion was seconded by Alderman Parker. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderrfnan Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. The Mayor
declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being
necessary for passage. The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Parker. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third
and final time. The Mayor asked if there was any discussion. There was none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 25 -2009
'WHEREAS, as a result of IN WITNESS WHEREOF,
CITY OF VAN BUREN this l hearing, the Planning the City of Van Buren, Ar-
ARKANSAS Commission has recom- kansas, by its City Coun-
t ORDINANCE NO. mended that certain prop oil, did pass,-approve, and
25 -2009 erty, within the city limits adopt, by a vote of '6 for
BE IT ENACTED BY THE of the City of Van Buren and 0 against, the forego
CITY COUNCIL FOR -THE be reigned from its previ- ing Ordinance at its meet-
CITY 'OF VAN BUREN, AR- ou3 classification to the ing held on the 19th day of
KANSAS, AN ORDINANCE, following: October, 2009.
iTO.BE ENTITLED:t'9'V' r t Property Description Robert D. Freeman
AN. ORDINANCE,,,;TO Lots 2 and 3, Quail Creek Mayor
AMEND ORDINANCE Addition more commonly Attested:
NO. 7 -1963 (VAN BUREN known as 2803 Oak Lane, Barbie Curtis 1ts
MUNICIPAL CODE NO. Van Buren, Arkansas City Clerk/Treasurer
14.04.01) FOR THE'PUR- Property one Approved as to form:
'POSE OF REZONING C -2, R -2 R -3 N. Donald Jenkins, 1r.
CERTAIN PROPERTY IN New Zoning City Attorney'
THE CITY OF VAN BU R -3- Published in. the October
REN, ARKANSAS, WHEREAS, The proposed 24, 2009 issue of the Press
AMENDING THE ZON- rezoning herein was rec- Argus- Courier.
ING MAP OF THE CITY amended by a majority
OF VAN BUREN, AR- vote of the entire Planning
KANSAS, AND FOR Commission, in actor-
OTHER PURPOSES. dance with A.C.A
WHEREAS, the City of Van 14 -56 -422;
Buren, Arkansas, is duly NOW, THEREFORE, BE It
incorporated under the ORDAINED BY THE CITY
laws of the State of Ar- COUNCIL OF THE CITY OF
kansas, :with all ,powers, VAN BUREN, ARKANSAS:
authority and duties of a SECTION 1:.The above -de-
city of the first class; and scribed property is hereby
WHEREAS, the City of Van rezoned, and the Van Bu-
Buren has adopted the ren Zoning Map is hereby,
Zoning Ordinance for-the amended to reflect this
City of Van Buren '(Ordi- rezoning: and
nance No. 7- 1963); and SECTION' 2: The adopted
WHEREAS, notice of a rezoning shall be filed 'in
Public Hearing was duly the office of the City
published and a Public Clerk, in accordance with
hearing was conducted as A.C. A, 14-56 422(5);_
required by law (A.C.A
14 -56 -422) on October 6,
2009; and__
On the agenda next was to consider 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. The Clerk read the Ordinance in part. Alderman Swaim
moved that the rules be suspended and the Ordinance be placed on its second reading. The
notion was seconded by Alderman Ragsdale. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim. Parker. Moore, Ragsdale. Dodd. and Sagely. The Mayor
declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being
necessary for passage. The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Sagely. On the Clerk's
calling the roll. the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third
and final time. The Mayor asked if there was any discussion. Larry Weir explained the need for
these changes and made himself available for questions. There were none.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Sagely to adopt the Ordinance. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd. and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0).
nays. Four (4) votes being necessary for passage.
Motion was made by Alderman Swaim and seconded by Alderman Ragsdale, that the
emergency clause be adopted. On the Clerk's calling the roll the following vote resulted: Ayes
Alderman Swaim. Parker, Moore, Ragsdale. Dodd, and Sagely. Nays none.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 26 -2009
•BhIR Baseline Monimr Act .'the Federal WafFr sure long era rem'iron. responsible for the overall(
on of
t in 'Pollution Control Act, m iroenial compliance 'with operation the faeilitV
r ORDINANCE WHEREAS; Ihis'O[ y g Report'. I also known as the' Clean envmmm lawn and from which t he discharge
NO 26 -2009 seeks to provide for the CFR Code of Federal Water Act. as amended. 33 'regulations can y e'n srire P originates nr havi over
AN ORDINANCE ES- use of its wastewater treat- Regulations 9 fret the
1 'U.S.C. Section 1251 et se all res onsibility for envi t
e d or s
'ABLISI G RULES sere system industries s trill Categorical Indus- ;Administrative ssuedreo- nic
'arc ri to gat nr a cti s s' company. th for ten
AND AND REGULATIONS served by it without hout ut daart- trial User I Director d ony, and nA the written
FOR THE DISCHARGE age es m the physical radii- I t COD Chemical Oxygen the b and ac o a t e mfo mlem P
l impairment irment UemanJ Or D Indect us r which dire issued 'and accurate chlorination p authorization is submitted
OF WASTWASTEWATERS fEWASTEWATERS o f thei n W mpa '.I industrial se er(s) to ;fur control mechanism re to the Cily.
I INTO '1'HF. WASTEWA- f their normal function CROD Ca eotu undertake or cease sped- qu irentenls; and where au- R est Management
TER TREATMENT STS- collecting, treating Biochemical Oxygen en Del ;tied activities. thorih' m sign docuweNS Practice Resl
TEM OF THF. CITY OF and discharging domestic wand I (Approval Director of Chet has been assigned nr del Management .Practices or
VAN BUREN, ARRAN. wastewater. -and ,wish- EPA Environmental (Arkansas Department of "celled with corporate he mana er BMPs means schedules oft
l Q uality
SAS, REPEALING -VAN out the discharge by this Protection Agency Environmental g d to t e
practices, prohibitions
BUREN HT City's ce
E R 10.0E City 12 s wastewater treat- d gallons per day iAuori d 1. If procedures. 1 practices. maintenance
CODE CHAPTER 10.08 went swear of pollutants I q Liter p •Aut 1. f the in- If the industrial user procedures, and other
min EXCIiPTIONS which would violate the m mi
mg /I. lligiams r Austria) user is a corpora fix a partnership or sole management •practices to
AND SUBSTITUT- discharge allowed 'under /liter, r "'t.._ 'lion; proprietorship: a general implement the
G
1N THE. PROVISIONS its National Pollutant Dis- NPDES- National Polluo- Representative or Duly partner ar proprieto re- listed in I0.08.02.1(1.11
HEREIN SET OUT AND charge Elimination Sys- ,an Discharge Elimination Authorized a.. the presi- spectivel
140 CFR 403.5(a)(1) and
c
DECLARING AN EMER- permit and System 1 dent, secretary. treasurer If Cite industrial jurisdiction over such User user (b)1. IIMPs. also include
°CENCI'. the applicable rules of all NSCIU Nnn- signiftcana or a vice president of the- is a Federal Stal or l treatment regoirements',l
governmental authorities Categorical Industrial Representative of corpora- tr procedures,'
0 M Operation cal government facilie p': o a
operating P
WHEREAS, 33 disc har es Ile. Clean I lion itt m ess of function, oionn, l or r ;director or highest official and practices to control
Water Act. t. 33 U.S.C. 1251 THEREFORE, c p:J business ov er :appointed or designated [o plant site runoff, spillage
ov
et s amended (h NOR'. T BE Maintenance the User any other per- ersee the o ration and or leaks, sludge or waste,
crafter ler referred referred to as the IT ORDAINED AND pony publicly Owned sort who performs' similar
tiesfo of the actin- disposal, drainage fr
"Act") has resulted in an ENACTED Council of t the by the City Treatment Resource policy or e f rthe corpora- 'cci ilily or then of f the t government fa- raw w materials storage.
unprecedented program of of of Van IRCRA Resource Cnnser- functions for the corpora- individuals RODS
cleaning up our Nation's Buren, County of Craw- lvation and Recovery Act time or 'J. The individuals de- Biochemical Oxygen •De-
waters; ford, State of Arkansas, as SIC Standard Industrial ''uriMd in Significant air •ra hs' 1 mand means the ququantity WHEREAS. this City follows: Classification h.• the manager of one !through p b P
g 3 above may des- of oxygen biochemical matter
Si
has previously passed an ll ficant Indus- or more manufacturing,
Ordinance which is codi- :SIC( Y„51( ,591 CF11\71�E triallJser roduction or operation 7ignme ano ivi the d dation to organic laboratory
P P under standard obnzw
the Van Buren Municipal as Chapter IO.ON u( G1lItrc_ianwtg The follow- SNC Significant Non (repnxnlaliyc if the auUn)-
,fled
facilities, is authorized at the a uth or ir is o n eifi the a 200C rus Inly e(p)ssed
h abbreviations shall (compliance manager 'nr thi I Writing.
Code. That amendments hat the designated mean 11 SN'DA Solid Waste Dis- make mans ement deci- !authorization sped lies the al _IMC, v ent r al on expressed
g (individual or the position as a nmcentm.inn (milli-
to
had t c ome Chapter Jugs: set set (42 U.S.C. 6901, lions which f gw the grams per liter).
ADEQ y.) 'f facility c the re a ha ving CBODS
'had become necessary Q Arkansas De- ,et se
and it is the inane of this partmenl of Envirwrmen- I TSS Total Suspended facililr including having CarMmacenus Riahemi-
Ordinance to repeal the tal Quality ,Solids the explicit or implicit cal Oxygen Demand means
Ordinance and A0 Administrative Or- United States dui of making major -previous der 1301) Bio3 C.S.C. 1Code Y g ma 1 the quantity of oxygen
substitute
ion the terms and rd i ons. a recom- utilized in the fi a ni-
conditions .chemical Oxygenae i United States m tes ntendirece see and ochre. cal oxidation organic
in this s din contained Ordinance for said IlA1P -Rest M1lanagemenl IF:ns'inro nunenlal Protection I -.ud�, direct other compre- mar, with the a addition
previousChapter. u I 13M Practice 1 Agency' l hensive measures to as- of nitrification inhibitor.
under standard ndind The inh'wlua 7 Any wastewater having
procedures in five (5) days
al 200C. usually ex resse•J tire[ of pollutants into the a pH less than g(1 or high'-', P 'or than 11 or having anV
as a concentration (milli- POT'W from a ly non- 1
r filer). Discharge d o m e s t i c
grams e sing 'other corrosive p tamage
Pe t capable of causing damage
source. Categorical 'or hazard to structures!
Pretreatment Industrial User Use ORDINANCE NUMBER 26 -2009 CONTINUE
'e
:equipment or personnel of
or Categorical Standard
A source of indirect tiny 9 P
a e, %%h
dis- commenced after the pre- sewage other substances except SIC Code S a n d saif cat e r'u hatch oisehar ie- the system.
Arc regulation containing charge lication of proposed pre gaaion has reasonable potential Any wastewater con
pollu[Prtdischargelimits A trealmentstandardsunder waste-c anJ industrial Industrial Cl
wastes. Code.. a classification cause Interference to d)
ce or Pass g P
A dishharge which alone tainin tonic ollutm.• in
promulgated $ec(ion 307(c) of the Acf Pass I hrou h A discharge pursuant to the Standard Through. or. in any other mfTicient quamit}; either;
with Sect
by the EPA in accordance nr m conjunction with a g g P g
discharge or dischm es which will be applicable to which ends the the S t a t e Industrial Classification way violate the P nit a or
singly or by interaction:
Sections 307(6) and g g such source if such star- surface waters of the State Manual issued h' the U.S. local limits or to injure with any waste
c1 of the ACT (33 U.S.C. from other sources: inhib- Y regulations,
Anrds are thereafter pro- in quantities or concert, Office of Management and Permit conditions. water treatment process;
Section 1317) which apply is or (sru
dipts Ile P e mend prat M accordance l 6
to a specific category of its treatment processes 0e with hat section, t provided naconj nations with iigniiifi cant Industrial Total Suspended s a d [Is to constitute a hazard 40 to
users and which appear in h
operations or its sludge [at P j tio F The total suspended ed t t i mat- humans he animals, or et or
Processes. use or din osnl; charge or sources. is es from User ter that BuaK on the sur. forth i he maun r
40 CFR Chapter 1, Sub- I D (a) The building, struc- other sources. is a cause or (1) All industrial users forth in t Cafc Prt-t
chapter N. Standard and therefore, is a cause face of, or in suspended e
P lure, facility or mtalla- violation of any require- subject Categorical water, to Categ wastewater or other. treatment Smndarcor 1. Parts 405.4A, of a Violation of the City's filit i y J b
Categorical industrial NPDES permit or of the which c oo .other so source permit, including ais men[ofi[he City's NPDF.S Pretreatment Sliapter I, by laboratory filtering. e s Imutd whirr is rriti odorous liquids, gases or
g. e'e) Any next us Jr mal-
User prevention of sewage lie magnitude an in- a under 40 CFR Chaplet ring.
locatd'ot crease Indite ma nitude or SIbcha Vet N; (2) A user ,solids which either singly
An Industrial User subject sludge use or „disposal in b The building. s[rue- g 1 Priority Pollutants 6J'
compliance with any of O g duration of a violation. that: (a) discharges an One of 126 pollutants, or or by interaction are Ca-
to tnCata Pretreat tore, facility or installation. pH A measure of the acid- average of 25,000 gallons combination of (hose poi. Fable or emoting a public
andard or Cat the following statutory
merit St or di P p
totally replaces the process icy or alkalinity of a solo- per da or more of process nuisance ur hc¢m'J to life
egorical Standard. tegthlon% provisions u[ Pe Y P reguta listed as toxic in
nr Production equPment lion, ex tensed in standard wastewater m the POTW regu ens pronto gain. sufficient Lo prevent
or are sufficie
The il der or issuetl [here state
t P E f S
that causes the discharge units. excludin sanitar non- entry mac the sewers, for
T City of Van Buren, der, or more stringent state 8 by the USEPA in 40 CI -0i 7
of pollutants at an existing) pollutant Any dredged contact cooling and boiler Part 423. [heir maintenance and
or local regulations: Sec- f llttt iti) g, 6
Arkansas, source: or m a i r
ion 405 of the Clean Way i, solid waste, iron- blow down wastewater): Treatment Plant p.IIfiie i D
Color The optical ter Act- the Solid Waste
(c) The production nr anoint residue, filter back- (b) contributes process Any discharge pollub 0 Any substance which
density. at the visual wave wastewater generation wash, sewage, garbage, waste stream which males ma' cause the POTP "s
Disposal Title t1 WDA), in- g g g ants from the POTW into Y
length of maximum alit rocesses of the building, sewage sludge, munitions, up 5 percent or more of the waters of the State.
sot effluent nr treatment resi-
tion, relative to die- dudir Title Il R m nl
esu P g b P P dues, or scums to
P structure,• facility or in- medical wastes. cram- average dry weather. h'- Upset An exce the al
tilled water. One hundred referred to as tan Resource g 1 I
stallalaon are substantial(' g p incident in which a user
percent (100%) transmit eryAct(RC and yState d d f existing 1 cal ,:wastes, biological draulic oror ante e a achy heunsuitabletnrredama-
independent o an exmaterials', radioactive of the POTW treatment unintentionally and rem- lion and reuse or to inter
lance is equivalent to zero er ens eo :any Stare
0. source at the same see. In materials. hear, wrecked plant; or (3) is. designated danaatinn
a cleat tannic' regulations contained ii
in P a b nonc is 'in a state of with' re
(0.0) D I determining these noncom limmce with the P
Cmisent Order any State sludge manage
b or discharged equipment, as such b)' the s City ea the p roans. In no case, shall
are substantially indepen- rock, sand, cellar dirt: basis that it has a reason- standards set forth In [fits a substance discharged
Ana agreement between the men[ Plan prepared par- I.
g suant A to Subtitle D of the dent,' factors such as the and municipal. c astes, lral y potential for adverse Ordinance due to factors to the POTW cause the
Commission and an lotus- esteu to which the new aindustrial wastes, and 1 affecting the POTM"s beyond the reasonable. POfW to he in, m°"e""b
AN
trial user containing: S D; the Clean Air Act; y" g
E facility is'integrated with certain characteristics of operation or for violating licence with sud e- use
I ore Hance Schedules [he Toxic Substances Con- p' b control of the user, and; P g
P O tint Act: and the Marine the existing plant, and the lie wastewater leg„ pH, any pretreatment stars- excluding noncompliance; or disposal criteria, guide
dial a ulared fines or name- extent to which the new fa- temperature. TSS, turbid- dart or requirement. (4) lines or re ulations devel-
dial aliens: and Protection, Research and f P' 4 O erational the extent causal by op- g
Sanctuaries Act. duty is integrated with the .1' coloq BCIDS, COD, 'The City may determine eational error, improp toped under Scan 405
mission of the Cam- existing plant, and the ex- toxicity, or odor. Ilmt an Industrial User of the Act, any criteria,
mission and industry re L «at Louts 7 I designed [of preventativ e hmili-
1 tent to which new POTW Any sewage subject to cateonril ca pre- ties, lack of revev'e guidelines or regulations
The et t' limitattonsl t hih th e tit P
resentatives. k
in is engaged in the same treatment works an the treatment standards is a I maintenance, or careless aff(xling sludge use or
Cooling Water Aevdop for Industrial
U.v'ers by the Director to general style of activity as i sewers and conveyance Non Significant Calegon- or improper operation disposal developed par
i The water discharged I the existing source. should appurtenances. disehar cal User rather than a Sig- thereof.. snarl( to the Solid Waste
1 from any use such as, air specifically protect, the PI g Sig-
Owned Tugm- be considered.' ing thereto, owned and op- nificant Industrial User on Wastewater Liquid and Disposal Act, the Clean
conditioning, me
cooling or finding .Air Ad; the Toxic Sub
6 crated by the City of Van a that the Indus- wastes, and industrial
refrigeration during which in Works (POTW
refri
g (2) Construction on a site Buren, .Arkansas, trial User. never discharges wastes, and sewage front stances Control Act, or
the only pollutant added from '9nterfcrence and which existing g 6
P a1 wc an exstng source Pretreatment more than 100 gallons pert residential dwellings, coin- State standards applicable
to the water is heat. "Passthrough" based on P I 6
is boated results in a mod- The reduction of the day of total cafe ori- to the sludge management
Commission site- specific. design and (SDd g t matelot buildings, lotus- b
ihlauon rather than am amount et oll utams, the cal wastewater e sdudin trial and manufachu method being used.
Van Buren dispos limits' and condi. P b
Wins 5 1 t POIIV. Local source d the construction elimination of pollutants, sanitary, non -contact cool- facilities, and- institutions, g/ Any substance which
opal Utilities COrnniissi0n, does not create new build- or the alteration of the nay in and boiler blow down whether treated or un wall cause the POTW to
'Which shall be the adnein-i nulls are J diseh es structure g
assure that 1 2Bscarg ing: stru facility or tore of pollutant proper- wastevealet unless speed's- treated, which are contrib. violate its NPDES andn
Sce
•istative representative of installation eelin to POI Ws do not cause
the City relative to this' g the, lies in wwastewater prier to, sully included in the Pre- aped to the PUTVV, other Disposal $}'sttp
the PO'r \V to violate its criteria of, Scelion (I) or •in lien'of,. introducing treatment Standard) and IPermits.
Ordinance. rr(c)ahoveburorherwise such pollutants into the the following conditions SECTION t008u2 Ih) Any substance with
Composite Sample permit limits, upset the allrs,rplaces. or adds to !'OTW. This reduction or are met:, REGULATIONS objectionable a, color, not
The sample resulting front POTW's biological, chemi-
p 6 hind ut rat' introductioAmp wastewater or mint
existing eyuipquprocess or produ b alteration y a be chemical o r the Industrial user,
ha remmss in the bit not
tnnnl
the combination of indi- cal or physical treatment 1 than equipment. rtrysical, chemical or prior to City's finding, Process s such as, ru
vidual wastewater samples processes, prevent the dis -1 f prior g LDCHARGF, PROM., p
I biological o es changes; a by a a pplica to catego rical with 1.1 OGe g
General vegetable tan tanning token' at select inte'aais pond of biosobds (sludge), (3) of a new
impact worker health and 3) C o t he rs changes, ur by P r applicable prior t by or user shall introduced introduce lions.
(her time, safety the entire this paragraph has the coutng the concentration of and (b) or ca to be ntrouced i) ew ater hm i
Control Authority ton system infrastructure. I 1
Y „timed if the owner nr Pullitlants unless allowed the
itty industrial Us.r ato into the POTW any pal a ibit bitwe inch
The City. wit City. May Is permissive or des open] has I
P by an applicable pretreat.' ssimils'the` rtfi ea- lulant ur wastewater inhibit biological activity
Conventional cretionary. ni
Pp P
Medical \Nantes (a). Begun, or caused to Pent staulard.
Such pollutants as HODS, liiniffstatem3 rignircd'i'o i causes Pass through in [he PUT \V (rtatmenl
begin as a part of condo- in 40CFft 403.12 to- lent resulting nterfer
suspended solids, pH, fey Isolation wastes, Pretreatment Require- or inter 'these l P k in
P 1 onus ensue cnnslruc[ion cents gethrr with any additional general prohibitions a pply rice. but in 00 case, wus'le
cal coliform bacteria. and agents, human hood and eogram.„ g information necessary water with a rein crature
other such pollutants as blood, byproducts, pvtho- P 6 Any substantive or proce- y to all users of the POTW, f P
I Q) Any placement, as- Banl a requirement a related to support the cerddic whether or not they are n a turf
are now or may be in the logical wastes,
s h ar p s lion statement; .and fe) subject to categorical, pre- sembiv,'or installation of to relreamenl imposed jec p IIhd1POT'W whie
f hlpxceeds
future s arts c
spe cified .and con- body p, ontaminate D P
P facilities Si or equipment, ep on a user, other than a Pre- or
trolled in this the Industrial User es ter lseahn standards of �4) Any (l04 p1)' l
City's NP- eng. surgical wastes,{. Significant site prep. Y bddi sur O p P cov as any untreated o other local pr pretreatment St an- hall ll mean lt 4 iy,i +chid
DES permit for sits, waste potentially contaminated ireatnen[ standard. g
P aration cork including S o Standards concentrated wastewadeS orlwal ptetreafinenr -Pre- s ll a any oxygen de-
lalruretun wastes, dial
treatment works for.
beea d e- stn wastes and an y excavation. or IS Upon finding that a lards pe re uirenents. ant, including oxygen Ae-
during, o e Standards or.
said works P 9
r ase been dt' prat- removal f existing- Ipui1J-
signed and used to remove i s hal l m ..standards user meeting o th pi 1 5 user Prohibitions a ina. re i pollutants i n a single
si
g maceulical medications. or 'over the togs, structures. or fadii- shall mean' prohibited Subsection (2) of this te No user stall in duced 11 0 etc.). ra released in a h
such pollutants. prescription ties Which is necessary for has nn reasonable open- estraordinary discharge
Department counter', used or expired
De discharge standards, care- I P cause m be in the follow' into
P the placement, assembly, entrap pretreatment scan-
The Van Burets ial for adversely affecting the POTW the in ar ces n episode of such volume of
n Municipal 5 National Pol- a parallabon •of new g p g
lulant Discharge Elimi- datds, and local limits.- the POTN's operation or pollutants, substances, or strength as a PO'T cause inter.
Utilities 6 source facilities or equip- for violating any pretreat-11 e W.
Director The Director nation System permits I
ur Prohibited Discharges g P a Anea[er. Terence to th
ro Pm as administered maul; u[ Absolute prohibitions meat standard or require a) Any liquids, reaso or m Any unpolluted motet
the Van Buren Mouldy p g a f (h) Entered into a merit, the City may at any irtdudin ,b not union
of n
al Utilities, or authorized by the U.S. EP.A or, the ing contractual obligation against the discharge of I thei r which by .reason nature or quantitof g
P A certain substances; these time, on its own initiative, their y. tn, nun- contact cooling
representative, operating Q for the purchase of facili- o i n res uns'e. to a Pith' water, unless it is m him
p prohibitions appear .an P P' are, or may le;'sidficient,
under the immediate di- 1 Nationa P retreatment P PPee
Standard. Pretreatment are. inte nded ties or udv tn be used h of this lion received from a user, either alone orby w it i Section 10,118.02(1. ta
interact lied amounts [kd,will no
neaten of the Van Buren nded Iand ,in accordance with P CTTW efficiency
Municipal. Utilities Cum- Standard, nr Standard Ordinance lion. to cause fire or ex lo= affect P
in its operation within a and by
mission. Any regulation contain- P sewage Water carried Procedures in 40 CPR lion, including an xv as[e d a the Com-
I t
reasonable time Options human wastes or a coin- 403 r -user d should [h al stream with a dtsi.d ran 1Asum
Environmental ing pollutant discharge to purcase or contracts h wastes n of water_earricd such. user rem be as point of less than I)e\n} wastewater "Main'
ti se w
The US. Environmental limits promulgated by the which cam he terminated 11 flash P ing any radioactive waste
Protection Agency or EPA United States Envi ron-C wast from res,denceeg in a significant) t test E hods s, e the
g Y' i or modified without sur- business buildings, in-
industrial user. test methods spelled in, er isotop s tf sorb hale
Protection Agency mental Protection Agency 1 stamtial loss, and contracts life or conceiurati0n as tc
Existing ource. (USEPA) in accordance feasibility, etatiish and industrial ju CFR 26 any other r way g with section 307 6 for gn studies not establishments. together Slugloae Any discharge furious in an)' other way by th e limits established
Any source of Discharge t fin and design studies do not with such round, surface, at n flow rate or concen- to the operation rofvihe by the Commission or iti-
that is not a "New of the Ac[, which applies ground.
Industrial Len This constitute a contractual nation which could rose rector m c State o ntt with or other waters as POTW.
Source".
term includes prohibitive obligation under this pain- may be present a )'iul :V ion of the prnhib b) Ices or aal u' sub Stale or Fedora.
Grab Sample P graph. Sewer Any pipe, it d discharge sl and mods' stances which will. r m 1 t) Av regulations.
A sample which is taken discharge limits ascot- 1
P dished ursuanl to 403.5. Oared hl conduit ditch nr other in Section 10.080 (U of pause o scsi ean t. th m)Am wastewa hum af
from waste stream on a P O ra[inn and maim,. device used to collect and this Ordinance. A slug!, flow in a sewer or other causes a haze (I to human
one -titer bests 'Without New Source(1) Any build- wince
transport sewage or storm
regard
discharge is any disc. h r es eratio renm with tit op -'late or creates a public nut
and to the flow in the ing, structure facility or I of a non manna t ns d I
g O sane.
installation from which water from the generatingI s of the, wastewater
wash stream and o t to e over a Decayed wood sea -dust, source, nature, including I of not system, Slont.
period of time no t there 15 or may be a din- shavings: hock lime re' Shall Is mandatory. limited [o an accidental
Lceel flfitcn (15) muwlts_ charge of pil nl
lulas„ the tic ashes. to garbage.
icals and all(
garbage amt .:1111
offal( spill or a non customary
uJ.Jaw. chem
construction of which
n) Any"water or "aStewa= pr
to such Standardc in any' gulion bran Willa=
ter containing fats, wax cable National in which they cable National Categorical
grease or oils, whether
are more stringent than
emulsified or not, in n excess Pretreatment Standard,
requirements and the information required
'of 100 mglh or containing limitations or tho in this by paragraphs' (h) and (i)
any sabarne tn
which se „r any other applicable or- ORDINANCE NUMBER 26 -2009 CONTINUED of Section 10.08.05 (2.2).
It temperatures t w e dinance. escrip 'The shall be informed
tat temperatures tures ecoine between 21 Bight of Re vision 3. Acc dinto tthe system. fo aaffectmg the potential r 7- Wavfex rtr U
e iSelbUr i r gj General dtion of any proposed chances
LloC- 132oF) and 65oC drs-
3. Acciden al Dischar res for a Slu Dlschar e- It shall be unlawful to
•Ih 1 L g g activities, facilities and in his permit at least 30
Peer I m amend amend this Ordinance Hach user shall p rovide Signs charge industrial plant p Y processes on the days prior to the dice-
g shall be permanent- arge sewage, us
p oi Petroleum oil, non -hit- including all gent provide for more quire- (a protection iha from ohibite- places posted is conspicuous s Ire i s. wastes or other wastes ter a l premises y Lice date of change. e Anr
degradable editing nil, or [al dischar a of mdnibi[ed laces nn users premises, within¢ authorization ty-
mere s o limitations or s to t e- g 1 P F ferrate which are or may he changes or new oil include
'products of mineral oil merits on discharges [u the ur rtgulated or advising employees wham the Director to any sewer, discharged to the sewers in the permit shall include
cause in amounts interference or will pass
POTW objet where deemed substances regulated by to call in the event of a slug within the jurisdictionli or treatment works of the for reasonable compliance.
time schedule
cause ce or this Ordinance, Where or 'hcudenlal discharge. of the City and /or In the; for corn
n(e 1 com ply with City; p
through. the preamble set Borth in deemed to to necessary
il. tar by E em ers shall instruct City,: treatment work(s). h) Disclosure of the nature 2d Wastewater Conditions
p) the whet result the preamble of this Ordi- the Deportment, facilities all: emnl ryees who matt Industrial users of
in Wiseet and the concentration real erson Wastewater Discharge
ts. vapors ap pressure of toxic trance, m prevent accidental des- cause or 'discover such at, public sewer system shalt {I any pollutants or mat-. Permits shall specify no g.
s, vapors'or homes 4Ulutlon charge or prohibited mate- discharge with respect to he surveyed at time inter Wits in thedrgch :u' 1 le sthan thecgin m
within the POTW in a No user shall increase the vials shall be provided and emerg cy notification vats of 3 yeers or less to i) Disclosure each a) Fees and charges be
quantity that may y cause use of potable or process maintained al the user's procedure. Emergency determine the significance product provided of of har
ded by type, paid upon initial permit
'acute worker health and awn. cost and expense. notification contacts and of the users discharge and
Hater le any sat nor mix P amount process or pro issuance;
problems.
'1)1l safety uled waste trermilg r s for Detailed plain hr rang procedures shall user's per- er- stored such s to be, con
p p Posses, and rate of prcrduc w bl ater Limits on the waste
1) Septic tank Waste
waste the purpose e as a diluting facilities and operating
Provide i fief within the useer stored Ia user significant ban: e constituents and
II) Septic lank waste may Procedures to revile this nuG industrial user.
s b partial. or P P Disclosure of the type of characteristics regulated
be introduced into the complete substitute for protection shall be sub- 1 2. Individual W'astcv raw material utilized; [hereby;
Ip() I'N" only m Iocalions mined to the Department F TION 10.08 02 Dis chargi. P ermits
adequate treatment to V S G o k).. All permit applica- c) Limits on rah and time
'designated by the D_raeclor, the compliance 10 with far review- and shall be M ONI P ORING FEES .1 General and Indhar,e permits shall be signed quire pions for new or modified of discharge Windier rn-
and at such times as are
the standards set forth in approved by the Director L Purpose al Was'tew'ater Dischargements for flow regu-
:established by the Dirco this Ordi Iemett before const nation of the It is the purpose of this Permit Requirement All by air ze d)
of the user R es and e f iratinn;
'tor. Such waste shall not 25 t ary Limi- facility. The plan .shall section to provide for the significant Industrial authorized d to make such d)Requiremnts uusCurinstal-
violation Section 10.08.02 also require: a meat of. fees from us- Users connecting to or
tenons ns (Local l 1 against H P 7 applications and by a pro 'ap il maintenance of
esmbhshttl by the Direc- protect against pass (a) Description of des- ern to the Departments proposing to connect to fessioaal engineer licensed inspection and sampling
•tor through and interference,'. charge practices, induct- wastewater disposal sys- the POTW shall obtain a to practice in the Sate of facilities
2) The Director shall re- no Industrial User man•' ing non routine batch des- tent to compensate the Wastewater Discharging Arkansas, and all renewal rr x cto rlconditions as the
Department p
quire haulers of industrial discharge or cause to. her charge; artment for the cost Perms be applications connect- n ts for existing pe r-may reasonably
i ma w erewa- h a s u s
shall iracd by 1 by a „pure ender l a given
g i v e n
tannic to h discharged into the POTW' O Description of stored of administration n( the ing to or discharging [u
ter discharge permits. any wastewater pollutant chemicals; P program es- pretreatment herein. the P y The ,s Directs an l t to g
a agent of f the user audio- ci[cunu of ven
The Director may'.(uire emhniia (d t Procedures for ire- mblisheol herein. may deny the issuance of razed make Such anon- discharge including sem-
d r of hauled in- the he'Iecbnical 1 Based exceeding i pf g ased Lo- mcdialely notifying the 2. Charges and Fees a Permit or issue a condi- cations; piing locations, frequency
types
'dust ustrial waste to obtain
pr cal Limits (TRLLs) level- Department of slug des- The Barg Commission shall tioual permit to any sag 1) All sewers shall have an of sampling, nunnbcq tees'
1 wauewv discharge e per- aped from time to time by s charges including Ge adopt charges and fees. rest nificant industrial user if- inspection and sampling and standards for resnd
The
mils. The Director also the Director as required I Discharge. Prohibition, which may include I such discharge represents, manhole or structure with reporting schedule,
I (Tiflis) o ie
t h prohibit the disposal by the respective POT\V i section 10,8,020)0.1) of a) Fees for monitoring, new or increased :amounts l lm opening of no less than fl Compliance Schedules;
of hauled industrial waste. NPDES permit as aulho. p' this Ordinaxnce with pro- inspections' and surveil- of Se tnts which will 1 24 inches diameter and an g) Requirements for sub
The Director may require cedures for follow-up writ- lance inhibition of POTW
and by o CFR 4 p internal inches i l e
g I mission dl charg
e notification five processes. septic tank waste haulers' s ten nu caan within cause and approved by n- h) Fees for permit ap- 1 pass-through oft than an 36 i6 nms containing y cal reports or. discharge
obtain rnits wastewater
c Based Limits Jis- aoval Authority. 'Robin- Lobi (5) i) Procedures pds Elao o sew
a a'sludges dst How g. r recording r' r where e s ame differ
I charge Industrial s Local l s im to pin- a. b ine User permit of its noe s- asr sampling eguipmtor• from t where thine prescribed by
s) Industrinlal g w ap o e haulers I Maximo L On a wa vent adverse spills front 1U tt r IU renewal permit to t t p to inhibit its normal nets as required by the Director 1 Ordinance.
shall discharge• loads n only ated Afaxim irnu r oa Allowabl ble any accidental Plaits or plc Cat e on penal. lasers determined in the re Discharger's permit 2.5 2S Permits D
its Duration
1 locations designated by Industrial
Loadings are slug discharge, Such pro- c. Categorical Industrial by the Department not to to assure compliance with All Wastewater Discharge
the Director. No load shall located in the City's Pre- endures include,' but are Permit be a significant Industrial this Ordinance Permits shall be issued for
;be discharged without prl- not l imited to; inspection d. CIU renewal ermit: User shall not be required
treatment Program, See I P The Director will ecato- a period of three. years,
Or consent of the Director. Lion titled "Allowable and maintenance of stop- c) Fees for tiling appeals to obtain a permit to tits- ate the complete applica- subject to amendment or
"Cite O ractnr.maY collect loadings' At the discre age areas, handling and d) Fees for reviewin ac- charge lion and data furnished by revocation as provided in
samples of each hauled lion of the Director, A131,1,s transfer of materials, load- cidental discharge prove- 2:2 Permit Application the User and may require this Ordinance. Under ex-
tend to ensure Pere Pliance at the may he imposed and shall ing and unloading opera- dares and construction Significant Industrial Us additional information. traordinarycircunstances.
With applicable standards, ers shall complete and hie
"monitoring: lions control of plant site 3 Re r w of 1 e Str ctur
apply' Within 60 days after ac a permit may be issued for
The Director may require point" described in the in runoff, worker training. The fee structure included, with the DepartmmMt.•a ceptancc of the data fm -i a stated period or may be
the industrial waste hauler ds'idaJ industrial aastrk building Of containment in Section 10.08, 03(2) shall' Permit application in 1IL wished, the Director may l stated to expire on a spe
50 provide a waste analysis .water discharge permits,' structures or equipment, be computed annually by form prescribed by the Di-1, 1 .issue a Wastewater Drs cific date. Users shall be
on any load peer miles- all concentration limits measures for containing the Commission during rector, and accompanied.[ charge Permit subject'to1 responsible for reapplying;
charge. for metals shall he in terns toxic+ organic pollutants, the month of December' by the appropriate Cee.fl terms and conditions pro p
at least 90 days prior to the
4) Industrial "waste Caul- l ess including solve and /or and shall he corrected) Permit applications shall;, vided herein. expiration of thei
of •'tntel" meta unless permit.
er must P rovitle a waste Al measures and e 9 P ui menu to represent the actual' be signed by an, Author, 2.
discretion indicated. oshe 3 Permit ht sew 1 an matr Limitations on Permit
tracking This ft for: every the he d discretion of the Dime- for emergency response. costs described by Section' ri zed Representative o of Itc "1'he IJepartnimenl enl reserves Transfer
load. This Conn shall M-1 -r tor, timimhons' may No new user who proposes 10.0803(1) and such shall Indust Useser. Promised' at the right to amend amyl Wastewater. Discharge b elude, at a minimum, the, im posed. in addition to to discharge to the POTW determine the fee structure new Users shall apply Wastewater Discharge( Permits are issued to a
name and address of .the or in place of ttmcentm_ after the effective date of for the following 12 -month least 60 days prior to con -J permit issued hereunder inl specific user fora
,industrial xarie flitidek lima based TBLLs. The this Ordinance shall be period:, teeing to the POTW. No order to assure compliances operation and another not a as-
permit number, •truck! Director may also develop Ipu nt la introduce r discharge permit shall het ty the Department with) sigmble to another user
identification, names and; Mips in indivi waste s pollutants into'thc•s)'stem unless SECTION 10.08.04:PA- issued unle and until the, applicable laws and regu-I without written 'tennis-
addresses of scourges of wale l permits, until Accidental Discharge RAM ETERS FOR THE following conditions have lations. Within months Sinn of the Director nor are
waste, and volume and 10 implement specific pot Protection Procedures ESG\RLISHMENT been met of the promulgation of a' the s wastewater permits
eh of waste.
lutant limitations: Such have been approved by OF SEWER USE FEES a) Disclosure of name,i National Categorical Pre transferable to another
h The e form shall ll iaentily.tne BM Ps shall be considered the Director Review and L Purpose mailing address and phys- treatment .Standard, the location,
ype of industry. knowirl Local Limits and Pretrea aPproial of such plans Sewer services shall not ice• location of the Us Wastewater Discharge; 2.7 Contents of Permit
or suspected waste core meet Standards When Witt operating procedures'. to t be provided to am which tiwli h)Dm tenure of Standard Permit of each user shall' Permit Roos shall include.
sinuous and whether any' new Local Limits are -ire- by the Director r shall mot; trial user at a rate w Industrial. Classification to such standards shahall' bet but not be limited m, the
ensues are RCRA hamnl p Director will e to parties in r_facility dity In mMafj Department Cur p[outl to Disdos'ore u[ wasteme Wince with such standards (a (a) Statement of Duration:
2 limitations on Waste- dnrdual notice to 1 arties its as necess m the such service, including ter constituents and chao- within the time frame pre- (b) Statement of non-as-
scaler Strength who have requirements d such meet the requested re of installation, operation pram and lities ern ch 1, tls stes. mea h l and /or b Aoase2 ma)
q q A l l by such standards ssgnb or written
2.1 National t'rtegorisa( notice and an opportunity this Ordinance, req 50, of f aci r ilog' All National Categorical cal ps-ms p' without m written
Pretreatment Standards is in accor
to respond, as set flash by Users ,shall notify the required to, pr ovide the ical, Per formed Pretreeatment Standards permission of the Corn
National categorical pre- 40 CFR 4133 (c)(3). This Department immediately service- Rates for sewer dance with procedures es- adapted after the Hance mission:
treatment standards as requirement of notice also" upon the occurrence of a service shall be that as pro- mblishcd by' the U.S. EPA Lotion of this Ord d nancel (P) Effluent limits, itclud-
promulgated by the U.S. applies when Local Limits 'shag load or accidental waded by Ordinance- and.conlarned in 40 CFR shall be adopted r- ing Best .Management
Environmental Protection are set on a case by case discharge of substances tilling of sewer use rates Part 136 as amender) City as3 Nnrl of this (his Or Practices, haled on appli-
Agency (EPA) pursuant hasis prohibited hy this Ordi- for wastewater whose pa- d) Disclosure of the Prue J inanc! Where a user; able general pretreatment,
to the Act shall be met by 2h Wastewater Operator none This notification rameters exceed local lira- and duration of dischar 6 subject to a National C at
all discharges of the re- Licensils y th Di- shall include location of its established h sca lards, categorical
repo arc
gorical Pretreatment Stan
treatment
reatment standards. local
IareJ industrial categories. All f a es with• waste- discharge, date and time rector shall not constitute e) Disclnsure of average lard, has not t previously lentils and State and local
Am application treatment tion for mode- water treatment facilities: thereof, type of waste, approval of such non -comb' daily and instantaneous submitted an applicatima
['cation of the national Wastewater operators erators concentration and volume. plying P- g g ly dischar a and shall[ peak wastewater data for a Wastewater Dis laws:
(dl Self monitoring sam-
stand rival pretreatment licensed by the State of and corrective actions. preclude enforcement' rates, in gallons per day. hy Se Lion 1;asr05(2.2), piing- re porti n g k te i
stenderds may be c sh Arkansas Department of Any user act w'ho.discharges, action by the Department including known or antics- by S see s 10. ^_.2), liis
to
erect for submittal to the e Environmental Quality a slug load of prohibited paled daily, monthly and the user shall apply for :ten and p kee including
Approval Authority by (ADEQ) shall be employed materials shall be liable for M I1ON10.08.05: seasonal variations, if any a Wastewater Discharge an identdication of the'
the City, when the City's for the sole purpose of en- any expense, loss or dam ADDMINISTRATION fl Disclosure of site plans. Permit front the Depart- pollutants to he mnni
wastewater treatment sys- siring effluent quality age to the POTW, m addl.. Except as otherwise Pro- floor plans, mechanical
tern achieves consistent 1 meet within 180 days
toted, sampling location.
discharged es th e' City s l ion to the amount es any s herein. the Director and plumbing plans anti after the promulgation of sampling freq and
removal of the pollutant municipal sewer system. finex, civil penalties. or shall administer, ample- details to show all sewers,; the Applicable National
as defined by 40 CFR Sic- 'Fhe degree of limnsure re- other liability which may meat and enforce the pro- sewer connections, inspeo Categorical .Pretreatment sum Plc type;
Lion 403.7. quired shall be determined be imposed by this article visions of this Ordinance. iron manholes. sampling Standard by the U.S. EPA. cable tateme snativea
civil
2,2 State Requirements by the Director under the or other applicable lax Any powers granted to or chamhers and a mrte- I In addition, the user with
uirements a PI and criminal penalties Cot
Slate re
4 direction of the Commis S ignificant Industrial Us- duties imposed upon the minces by size, location an existing Wastewater violations;
limitation on discharges to lion, based upon the type, ers are required to notify Director May be delegated amp elevation (referenced Discharge Permit shall 1
the POTW shall be stet by of facility and the amount the Director immedratel}' by the Director to other to mean sea level or other submit to the Director (D Statement of Appeal
users which arc subject _of g g p person reproducible bench mark); J f rtxeJure;
all
of wastewater dis�of any.chnn es at rts foul_ Department ersmnel. within 580 days attt tlsc _1
Stalenrent regamtng 1 OTN' shall aubmj[ tin the U. Certification of PPllui-
Permit Modification; Director Not Present
Director a report which
(e) Statement contains the information Users that have an apt
roved monitorin
regarding Revocation of Ii i n paragraph p, be P K
Permit: waiver based on Section 1
low. At least ninety (90;
10.08.05(3.2)(C)(7) must
(i) Statement regarding
I days prior to as
commence-
e certify on each m irt with
Reisstmnce of Permit. mere of their discharge ORDINANCE NUMBER 26-2009 CONTINUED h ,the following s''
(1) Requjrei eat to Contro new'sources., and source (4) Com fiance Sghedull• extenuatin !actors ;may the follmving condiliiins: that there h
1 as'' been no
Slug Discharge. it deter. that P K I�wtll sroce u s approved E users become categorical If 'cant /oral l
will authorize the submission on daon real procedures rority (1) The waiver may be increase in o teapollueto
mined by the Director lc. users suoxequrtil to the inert and/or O &M '•ill be of said reports un dates I V PP
he necessary'. promulgation of an a P Jr the by e ITS. EPA) Authority' is determined eter wnede a poll plant a it iess stream due the user [see
i cal start- t d ment standard meet d rds pre- above than l wastewater specified or N ITS. EA is oll u to sa be prey- activities
2.8 General Penn plicable categor
.L im treanndars, the e All srsew'aler re-
A. At the discretion of above.
shortest ore:' All $Ills per trivdic ens sfronteolely ripe discharged chmhrd l( Based n vnl.
durd, shendent a submit [o
report the user will d ich Au
o ies Pons met r s signed by an coir l' p n submit pzic the facility yi pared oo rt erson d ctl yi
the UiDirector, the Director Superin[endentl rert e u will tnn'iJesuch Auf hurized Re resnta-
may use eneral rermits I P coin E xcept as specified c, Gam the n wised responsible h persons managing(
to general I which contains the gr additional pretreatment must a nd of the Industrial in g S Except. as In•' that t sanitary rtary t by 1 co iance with ma Prei
to the PO SIU theeollow. motion listed in paragraph and(or OSD'1 must b and contain the following Section' I In, 115(3.2),. all water is not regulated by compliance with the Ire -I
In the POT\)' if the lollop 13, below. A new source provided, The cum le- 'certification statement: Significant 'applicable treatment Standard for 40
ing conditions are meet. All i P e n s mfican[ undusri Us- Stand livable
shall report the method lion Dale in this schedule I "I'certitj' under penally cis must submit no less Standard 'and otherwise CFR /specify ap
facilities to be covered by a of pretreatment it inecndn shall not be later than the of law that this document than twice per year (.tune includes no process waste accordance with any wastewater A licahle National Pretreat
general permit must: to use to meet applicable compliance date estab- and all attachments s were and December for on dates water. my mh I
(I) Im'olve the same of categorical standards, fished for the applicable Prepared under my direr- vy eat Standard part(s)l,
y e PI P 1 ing the reports co ce nt ra R Thd onl monitoring waiver certify that ,•to the best of
substantially similar t
YP new roes also shall a ced pretreatment standard. A lino or sit p vith an y te l ing the po lu t nt 11 ia- is ti of only for the tlrii d
of operations; ing my knowledge and belief.`
estimates t of q as o [oi. s to this schedule oust designee with a system discharge a h in of t [he r pother there level of ro•ancrrase.
(2) Discharge the same Mow anJ quantity of poi. c swam to (ors seAiml must designed to assure that 1
types of wastes, discharged. g dtchmPt trei are lam- of the Permit !or ual',) in eheletel at Rise
Ira U se s he wee i S ct ofshis ere gather r and prop- dadsy and ib t ncustirn control individual mj b s ae dt(s)
(31 Require the same elfin- B. Users described abed our m Section 32 of this! eel atlter and evaluate vein trot mechanism but' P 1 m fh wasle-
ent limitations; shall submit the mforma. 7 E orr pad the measured h a t s to the filing I
(5) name. I ted information d m submit- or estimated d daily and y no c ase longer than 3
(4) Require the same m lion set forth below. (5) Signature and Re tart ^[ed. paved on my inquiry B B of the facility Since faling aft
4 maximum n gily Rows for n a The User mull die
similar monitoring; and the last periodic re inn.
(e) re information. Certification,. it All •pores 'of the manage or sysl cases a
the reporting t period. In nut e nee' request Wa r ter 3 3 Rcpnrf of Cot /aged
(5) In the opinion of the P g V 4
P required m Section line monitoring reports Iwho those tee persons the directly St n the pretreat- waiver be before the wter Ea h er
mr are more appro. 10.08 05(2.2) must be, certified in sac- or !tt p directly meat Sl requires
w i t h
can be granted for each Each User muse notify the
Director,
priatrlt controlled (reference. 4l10ER cordance' with Section responsible for gathering ram liaie -with a pest subsequent control mechal Director in advance of any
under a general permit 403.12(6HO -00 1 10.08.03.2 (I of this,or. 'the information, the infor- ;Management P 1 significant I r 1 o no p e (2.4X See Section l0.OR05 nificant changes to the
than under indn idual con- (2) E
O M1lean'rsrnent 'of pal dmanr and signed b an beats awl submitted O is, to the' 1
wl d ejt o Or pollution
n v pre- (3)4)(g). user's operations iltec t h e n a-
[roI mechanisms. Infants I P
B. To be covered by the Live a e defined rb section edo bell of m a cu r te, and lin alts mti the 13) In wht a a uemt i s which al ortvr Ihr not
a the our. shall requred lire s O t)yB (5 by belief; (rut, accurate, and Usen must submit Betio- n p ro tna a Industrial is lure, wastewater or volume of
general permit, the $ell the fi 1 i. 0 required 5.(.: .1 Co pli eI4 e. There ar 1gntewnte that i nrnta oret p ti the not m ust, the provide data dswa #ewathr a In 10
Most file a written request in Semen IILUR.OS. 3.2; 3.i Cnm fiance Re ort There are signiti
for coverage that identifies canl pen- liner must pprovide dale; days before the change.
9 p Din Sr or eCessa
g, 1 Within '90 days following tallies far submitting false trnm least one sampling
Y E b melt St necessar p quire The u Director may yet
its contact information.
h. The user shall rake a the date for Petal cum- [information. of a an d i the a e Statu rte the s Of the User.. wast ewater the er prior to any facility's process ueck lre rho user to submit of
ty of wastes processes astes generaletot ta t i minimum sample one
ple t o represem pliance applicable cateor
pplicwby the user with kwisonn tt f knew( of ho and knowing (2 en User.. tme p b e med necessary sa may as types of apl t compile g ical prisua^E 12 Annual certification by treatment resent at the
the oration for monitor (2) P be deemed necc chan d tc ing all wastes coveted b that data necessary e- o Pretreatment
90 r 0 d a)s following Bng c r Slot -tunit Non Significant sers t 4 tactility ll w ss w a t erf rom con ine ng' t he
E damply w t his the �eq rap i.e ar nc daps of
th coin- iifc t Self-monitoring by sirs cal Industrial d eter ed to. A tive roils e sstewaler From condition, a including the.
the general permit, any ments of this Paragraph. mencrn'rnt of the intro nificam Industrial Users all inverses.
facility determined t i a p ter discharge submission a wx'a-
,l' ('which indicates violation Non-Significant. Categori-
with Section 3.2 for a
(4) The request
K 6 q ter Jucharge permit a
requests in accordance c. Samples should be taken )action `n
Section
monitoring waiver for from p mrde tre downstream into the ny POTW a New within n2 the Director cal Iod r0 CFR s User purse- siring waiver must th 10.08.05.2.2 under se prin.
t ties if such exist of is! or in Fa Source ry t s
OW subject or aware. e 2
ar 4. "hours of being ant to the .violation. must CF ubmit the signed in th 0!3.05.:2 oC this ordi-
t xist inure pretreatment standards or mvarc Of the annualk submit the Section 10,(18,01 (Defini nonce,
pollutant neither present
nor expected to be prey diately downstremn from requ ireinen es slialt submit The user shall repeat the following certification riwis), and include the cer 13. The Director may issue
ent in the Discharge, and the regulated process 0 to the Director a report sampling or monitoring statement, signed in actor -II tifieation statement in Sec., an individual wastewater
an. ot other r i piton t e rna pretreatment exists indicating the nature and within 30 Ba t's •after be- dance with the signature lion 10.08.05(3.2)(A) and discharge permit Under
of
pp a If other wastewaters are concentration of all pro- ing aware -cnf the viola- requirements in aragra h (40 CFR 403.6(a)(2)00).- ate. A monitoring wave' mixed with the regulated hibired. or regulated sub ton and shall report the 1 of this section. This of (5) Non detectable sample Section s existing r IO.ce.0 ewastewater' r a) ify
for a l poll expected nether wastewater prior to pre. stances contained in its results to the Department litigation tenths accompany, tess may only be used 1 an t
P p i treatment the user should discharge and the average within that 30-day pe- any alternative report as a demonstration that a I discharge permit under
present in the discharge is measure the flows and con. and maximum daily flow rind. Resam lin g by the rollutanl is not. resent if F P
daily P k Authority by the Control 1 p this Section- ante Sre of
not effective in the general
cenmanons necessary et in gallon, a s described in Industrial User is not re- the EPA approved
permit until after the Di. B Based on r CFR P method this ha I ce n response
re w ant' use the combined ord 140 CFR re- pe r l or if the
at the p meinquiry reo from 4 CFR P inim m anticipated changed
[tutor has provided wriF waste stream tornado n(( port shall state whether the rfurms• sam ling at the with the lowest minimum
in 3. ioe P gam for directly sp
y oo anticipated changed con-
ten notice to the SIU that 4te 6(e1 in order Co ra th Standar or Requirements users th, o i at once able far h the categorical eg a Pollutant lase for that
peel sae K t dtions.
such a waiver rr
4 are comp with tot a e m t on ar cons s pent performs or ii sae ping a tv ance wt the Sars a n0umnt was used in the All 1 l not users shall
been granted
nc iSe o actor' Where an an alternate am being met o a1, what t he en user the sampling a un
der r 400 PR, I •g (6) Any grant Standards analysis. rector notify the DI-
C. The with Section must W s rein tent basis and, i
additional and/or o when the ns initial sampling de
between h time ude 40 CFR, by the the U ire c- rector n advance of any
C. 1'he Dirutm' must re en[ra[lon or was n O'& M aA x� initial raring waiter by inc- nfs in their tlis-
tain a copy of the general has been calculated in ac pretreatment is 0 was conducted and the tifv that, to the hest of tor must be included as P
oliu[n
emit, documentation le charge which, 1Culde otherwise
permit,
tor[ the POTW's de- `his aaje with ln to a the the her into cam- time when the user or the my knowledge and belief a Permit f in c (NCI 'S disposed o would h
n er a
PI this adjusted limit along finance r trtme t Standards o r Dee of this receives the that during the period per ^ta for other T h e c CFR hazardous waste under 40
termination that a specific with supporting data shall Pretreatment SfanJurds m results of This sampling. or f rom mechanism/. 'fhrrusons CFR Pal 261.
Sill meets the criteria in he submitted to the Con- Requirenicn ls.`' This state- if the Uepartntent has per- In supporting the waiver and All industrial users shall
Section 10.08.05(2,10(I, lrol Authority; ment shall he signed hr a formed the sampling and (month, day, rear): (a) The any information submitted promptly notify the Di-
to (5); (40 CFR d. Sampling and analysis duly authorized repre_sen- the analysis in lieu of the facility described as by Ole user in its request rector immediately of all
403,8(0(I)(iii}(AXl I and shall he performed in ac tatire of the riser. Industrial User (facility Ion the s waiver must he discharges by the user that
applicable State repute. cordance with Section 3.2 Pen -__0dt 'c on di_ B) Re arts of Users shall maintained by the Dint-
copy 100805 (5). LglL P name) met the can con mitid
Lions, and a n r of the could cause interference
r. (.4) All contain and results of sans eg a nu n-sa mricanl cat- 000of the after ez tira of Users written request for I e.. The Director may al. (At AU SRN subject to a piing' anA analysis of the agerical induslriapuser as trait of the waiver 1 or upset to the 1'C)fW, in-
b user, (h) the
atte 4. Monitoring any slug gbedis.
coverage
for years alto low' baseline ine report submission which a a ofi- P rih in this Standard set discharge, including and described CFR'403.3 c0in- monitoring. of. approval of the EMon burro i
the expiration l m of the peniepor wh dir e
ter an compliance Ordinance, off cow and the nature and d
pi with facility coin- m- monitoring. Bwaiver and Each significant
user's ro ved and
D. The rot mechanism.' l only a data data sr see hoe rem a tnnen )ate of concentration; a li t ar or produc- p the users per- User shall 's own
Preside and
D. The DirectorDirector ma not I l 1 p piled with all a licahle revision of th
y I long as (he Jula provider such or. in the case Stan- lion and mass where re- and requirements standards r mib by the Uirerto the
P operate at the user
control an SIU through al information sufficient it darn, 05 in the case of a gutted b}'the Director. The anti' re uirentenls Bur- Industrial Uscr must dery P
q expense, a monitoring
paint pennu where the determine the need lot new rycmnmence- frequency of monitoring fitly' report with fn.
y g ing than reorting peeve; P slily to ,and flow instectea-
facility is subject d'ca la, pro Industrial pretreatment went tgdr(call measures; the City's shall scribed t lot by the user shall be as pre- and (c) the` more 1 1 never the statement in Section sampling,
1 1 and ewer
ductiomrnent Standard), facilities a in. the applicable pp discharged more than 100, 0.0 there h
as he en no dis charge elow,
ment
Pretreat g dreharg a to the City of each sewer
{Continued oryP:me 5 Director, a Pretreatment Standard of gallons of total categorical that there has been fa-
or categorical Pretreat 1 t report indicating submit to the the w- this Ordinance. All increase in: [he pollutant F
torn[ Standards expressed indira baser ire rep ort shall' P indicating wastewater san er rat are reporting P facility Each he situated
as mass of pollutant die- indicate the ti inn, an lure and corcen regulated oft see shall -e performed in day du this reporting in its waste stream due to b13 illy' shall Ire situaed
char •ed per day or for and place, of sampling, prohibited or regulated) accordance with 40 CFR period on compliance activities of the lnduatrial 'her. ohm users premises, er.,
B F substances in the effluent Part 136 and amendment User.
Ills whose limns are based a nd methods of analysis, is based on the following Icept where snchelocatiu
and shall certif th t such whreh are limited by the eheref and r sampling re Cmfore
rnuito nnW stbn .�ql (8) In the event that a would be impractical of
on the Combined Waste certify Pretreatment Standards uirente its 'hall comply waived is found
stream Formula (Section r epresenn and and his' is q P (C)1'Che an rector may Use I P cause undu hardship on
2.2C (40CFR40.i.6(e)) or repnsenmtve t f normal hcreuf, In aJJataon IhIs re w•l[h 411. CFR 403.12(8)(3) subj an Industrial User* to be present ins ased 0 the Discharger the Direr-
work envies and ex ected port shall include a recrU subject to a' a
categnrcal1 to be present o^ tor may concur with 'ta
Net/Gross aicnlntons P th 14 If u ger s u reni o ha n s, b i in the facility being constructed
Section 2.2 (40 CFR I Pollutant' Discharges to of a lem an d maxi y Pretreatment Standard. changes that e
:the reporting requirement K
the POTW es a e tge and maximum m fore o sam Ira g of a user's operas iu the user
4(13.x)). ing this section monitors K P g in the publ street or
3. Reporting Rest Hire Iicaliem ntPA n statement, por rung period in any regulated poilumnt al categori ai Prretreatment, Ply with the immediately.: t th t the. faeil ty is Located
m e tlasel'ne Montlritte reviewed by the user's Section 10.08.05(3.1) here- 7the appropriate sampling Standard if the Industrial' requirements of Sutton so that it will nor be oli•
authorized 'represents- of. Flows shall he reported I' location more frequently Uscr has demonstrated 10.08115(3.2) or other strutted. by landsca ping or
Rnor[ on the basis of actual men than rcyuired by the Drec through sampling s k
A. Within either one hum
live as defined in Section to u (Inc procedures F p 6 peed more frequent monitoring parked vehicles:
ID.0 8.01 and certified by "suremrm provided how other technical factors re uirernents'im used by
ter the e eight) (180) days al effective prescribed in this section, 4 p There shall be ample room
ter the effective Anse of a final' professional, ever, where roll or feasihil fiber the pollutant is net- the Dinemr, and notify in or near such sampling
it Aermi nns ustaf i the results of this monitor- P
categorical pretreatment and Indicaline whether -Pre- 7 3 in shall he included in the her pssent nor expected the Director facility to allow. prep
standard. or Poe Wool xd, treatment standards are t i t s of ma accept 1
y p, report. to he present in the Ills i (9) This provision does' sampling and prepara-
being met on a consistent repot of average and P charge, or is present only not supercede certif r e- Lion of samples for antlr-
ministratire decision on (Comment: Where 40. P I
basis, m'd, if not. whether maximum flows estimated at background levels from lion processes and re- his The facility, sampling
a category determination by veritaahle techni ues; CFR Par. 136 does not
intake water an without uiremenns established in and measuring equipment
under 40 CFR 403.6(a)(4) additional operation and g I inclu a h am ling or ante intk t d t 1 q
The Direc4r, for rind F
whichever is later, existing nr a di nance pen/ B lytacal technique for the am increase in the .pelt categorical Pretreatment shall he maintained at all
nr 2d Aitional pretreatment cause whew considering Infant due m activities of Standards, except as DM tines in a safe and proper
categorical users cu such factors as local high pollutant111 quest 10n, sam- P P I
discharging to or sehrd• is error d myna! the pre- piing and analysis shall be !tie Industrial User. [see erwise specified an the operating condition at the
treatment e[andards and or low flow rates, holidays, 40 CFR 403.12(e)(2)) This categorical Pretreatment expense of the user.
pled to discharge to rformed an accordance K P
budget cvFles, or tither fpe
requirements. Ef authorization is subject to _Standard.
On the agenda next was to consider 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 AND EMERGENCY. The Clerk read the Ordinance in part.
Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its second
reading. The motion was seconded by Alderman Parker. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely.
The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes
being necessary for passage. The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Ragsdale. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third
and final time. The Mayor asked if there was any discussion. Larry Weir asked to make a
change in the document.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Dodd to adopt the Ordinance with the change. On
the Clerk's calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker,
Moore. Ragsdale. Dodd. and Sagely. The Mayor declared the motion carried as there were six
ORDINANCE NO. (6) ayes and (0) nays. Four (4) votes being necessary for passage.
27 -2009 x i Motion was made by Alderman Swaim and seconded by Alderman Sagely, that the
AN ORDINANCE• RE- emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes
PEALING ORDINANCE
Na 7 -1990 AND ORDI- Alderman Swaim, Parker, Moore, Ragsdale, Dodd. and Sagely. Nays none.
NANCE NO.3 -1991 AND
ESTABLISHING AD- The Mayor then declared the Ordinance passed and signed same in open Council, duly
I TIES ANDPRO DING attested by the City Clerk.
FOR SURCHARGES i.
FOR SIGNIFICANT IN- inhabitants of the City of
DUSfRIAL DISCHARG- Van Buren. Arkansas.
ES IN ADDITION TO NOW, THEREFORE; BE THE ORDINANCE WAS GIVEN THE NUMBER 27 -2009
NORMAL SEWER IT ORDAINED s AND i 1. Biochemical— Oxyeen iitnthmugh OFdtnandeur
SERVICE CHARGES ENACTED by the City (Demand in at SECTION 100818: EAIERG(.N.CY CLAUSE
localdis harge Timits.
ANU DECLARING AN Council of the Qt of Van $2.00 per pound of BOD5 $5 typer 1000 gallons er, SAMPLE 1 That the establishment
E MERGENCY. Buren, County of Craw discharged for; waste P e l of urchar es and for ad-
parameter exceed mmis[ratne
ford, State nf. of the strength concentrations Forall m exceed The above charges maybe Penalties for
WHEREAS. the city of that Chapter 10 of :the discharged greater than i the •most recent local) based on• sample test re- abuses to [he Van Buren
Van Buren, Arkansas, in Van. Buren Municipal the mass proptirtion limits sults by both the user and/ Water and Sewer treat.
c Code is hereby amended established P th e Vi n limits set by blunter- men[ acilties is• neees-
fi
Ordinance No. 2 Va n Y as establis by the Van the Van Buren Municipal or the Van Buren
presently codified as Van lo' omtain the' following pal Utilities Commission lazy' in order to stop said
1 e Buren Municipal Will- Utilitius Commission :.as
Buren Municipal Code d or o
additional Sections to be lies Commission for each authorized by ordinance. Ie for Deportment the purpose ,'A split abuses and that •violation
10 -08.01 through 10:08.13, codified as fullness: significant industrial dis- s sample or the purpose of of such creates a peril to
provides that significant 1 charger rout, i.e. ($2.00) e c sh all the health; welfare, ands
E CII 8-1 ,0;0814 I 6 B.O.D. S S.URC:ti100E)j safet
industrial as e rs Q M—xr 1000 s ,LIMIT) SURC11 GES' b y the Commission for use a City in B
fined ax nun- resiJen[ users i'_LICAJ TUN DE DM- Per 1018) gallons. by the Commission or Dc- of the Citr of Van Buren ,1
which normally discharge NfNJ-NS 2.T Suspendetl_Sol ds S i ndustrial dis oarIment upon written re- Arkansas, and therefore!
wastewater to the POTw gal That for the purpose of discharged er pound. itf T.S.S. l Final determination an emergency is declared
P pound chargers shall croservi guest;
ce y
m quantities of 25,00(1 ed for waste as t chares based on test to axis[ and this Ordinance'
g co normal civil pail-
hsee
whose as or
xcontai contains or ni[ions as set out in Van es ns or this Ordinance the deft- strength r
discharged gater h charges b and cil >peVon results e T than
s shall h appeal Otey take effpat ass age,
wx waste contains vocMurts shall be within a[elv�upnn its page, y�
di preaior B ur en assessed by the Van I I
has the potential m con- 13nren City Ordinance Nn.l the mass proportion limits Municipai Municipal PASSED AND .Ap-
26 -2009 as the Definitions s P Buren Municipal epliate Utilities Department. e the Van Buren artment. I
Irvin toxic pollutants, re- Buren ablished by the Van Commission a separate P of,
PROVED this 19 day
strideat polutants or non- therein shall also apply tot Bure Municipal boll- surcharge to of.tre SECT
shall in addition he ad-
com p a tibl e this Ordinance: October, 2009
cum trealnient ION 10.08:1
p' pot looms, ties Commission for each wh en wastewater ditional cost aP Bob Freeman,. MAYOR
sewer service ob (o normal
be assessed SECTION IO mnormal 9, significant industrial 1, 1 0) .0er tewhatewater WAIVER meters t.
b by the Van Buren Munich 10.08.15: x (LBS p I i.e; i T .p re i n est Hiram City of Van 1
y Ili V Bmni PURPOSE x ((.BS TSS LIMIT) per herein eablis. That: the A a n. the ATT Utilities Commission Con 10110 gallons:" rest, Arkansas,
pal Ul by the Barbie Curtis;
b
0 separate administrative The purpose of this Or- 3 H establishment of such CITY CLERK o.
,penalty an a separate dinance is to establish $5.00 Demand charges or the acceptance L -Biochemical Oxtgenl ch
surcharge when wastewa- surcharges and admmis- Ions s per thousand gal- for all dischargers for $0.50 ge pound of BOD5 of any payments upon said
Published in the Uclutn:r er ter characteristics exceed under than 1I or less than 5
a penalties enableitft which the pH is greater disc for waste charges shall not waive 2 4. 2(109 issue of the Press)
4 I parameters set by under certain Van Buren Muniei -1 g ed anyn •h[ it has to iipceeJ Argos- Courier
5. i.e. strength concentrations --�_�l
the Van Buren Municipal Pal Code Section 10.08.07. ($5.00) per 1000 gallons. discharged: greater than under any, enforr cement
,polities commission by SECTION 10.08.16: AD- 4. Eats Ods aad-S 250 mg '1 i.e. ($0.50) s proceedings _established Ordinance; and, ALTIES TRATIVE 'PEN- $its. and gre for waste- t per pound of fall, hwusand gallons. 0D250) x (0.00834) per) under this Orn ncesor
'WHEREAS, it is Ungar- r ALTIE 1 by'the Van Bureen. Munich
rant for the Cur to assess 'Significant mduslnal dis water water Jtscharges 'Recces- pal Code Sections 10.08.01
penalties and sue hates f. chargers may, in addition ing UV nig/L of. fats, oils, 2. Total Suspended Solids and following.
for dischargers that -,ex- i normal ds surcharges, service and greases, i.e. ($5.00) x $0.50 per pound of '155
charges
ceed the limits in order to F' ges, be (FOG -100) x (0.00834) per discharged for waste
force significant industrial l assessed by the Van Buren aeons.
dischargers to restrict pot- Utilities Corn- 5. tier d Para„- strength concentrations
unitedischar
realer 250
Intents or non-compatible mission a separate ad- eters- e b
minis[rative en 250) i.e. ($0.50) x thou
and, penalty when may for Other 250) x 10.00834) per thou-
WHEREAS:
do sa nor order exceed tar m herein may tart pa for other sand gallons.
[tuns are necessary order, parameters herein
Y pollutant parameters that
protect the Van Buren established. Said admit-
to
P are by in B
Sewer System indudiii [Sim[ire penalties shal b e t
6 I [l al l Unhi te Buren Mu-
the t protect plant in or- as Follmes nicipal Utilities Commis
n�is
o 1
Jet o prdectthe health,
.;,fin. ,,,a ..,.Ir...,. ,.r'n...
On the agenda next was to consider AN ORDINANCE AUTHORIZING THE
MAYOR TO PURCHASE POLICE CAR VIDEO UPGRADE EQUIPMENT FROM
WATCH GUARD VIDEO, FOR THE POLICE DEPARTMENT, WAIVING BIDDING
REQUIREMENTS, AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its
entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be placed on its
second reading. The motion was seconded by Alderman Ragsdale. On the Clerk's calling the
roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and
Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4)
votes being necessary for passage. The Clerk then read the Ordinance the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on
the third and final reading. The motion was seconded by Alderman Dodd. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. The Mayor declared the motion carried as there were six (6) ayes and (0)
nays. Four (4) votes being necessary for passage. The Clerk then read the Ordinance the third
and final time. The Mayor asked if there was any discussion. Mayor Freeman clarified that we
purchased three of these units and in doing so we missed the fact that this pushed us over the
$10,000.00 limit, so we're coming to the council for its' approval.
The Mayor then put the question, "Shall the Ordinance pass Motion was made by
Alderman Swaim and seconded by Alderman Dodd to adopt the Ordinance with a correction on
the appropriate department. On the Clerk's calling the roll, the following vote resulted: Ayes
Alderman Swaim, Parker, Moore, Ragsdale, Dodd. and Sagely. The Mayor declared the motion
carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage.
The Mayor then declared the Ordinance passed and signed same in open Council, duly
attested by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 28 -2009
r r state bidding require' Video, a s set out in E x-
CITY OF VAN BUR EN ments, and there is no p0- !Video,
"A and to expend
ARKANSAS tential for savings to the
up to sixteen thousand,
ORDINANCE NO.
28 -2009 pity equipment and
let bids on said sixt hundred a t two
property
BE IT ENACTED BY THE rt sixty 100 -four dollars and
CITY COUNCIL, FOR THE the City needs installing to lin he 1 o f ($16,264.80), out
CITY OF VAN BUREN, AR- ately begin i ctalling tee l puut shis ordinance.
.o
upgraded in -car video 'effectuate
KANSAS, AN ORDINANCE
WITNESS ordinance.
equipment without any IIN WITNESS WHEREOF,
TO BE ENTITLED:
delays or any further ac- the City of Van Buren, Ar-
AN ORDINANCE tion by the City Council; Kansas, by its City Coun-
AUTHORIZING THE and Icih did pass, approve, and
MAYOR TO PURCHASE WHEREAS, Section 1 a vote of 6 for
POLICE CAR VIDEO UP- andpt, by
GRADE EQUIPMENT S4 of the OTA s and 0 against, the forego
FROM WATCH GUARD SAS S CODE ANNOTATED TED inn Ordinance at its Rego-
VIDEO, FOR -THE PO- provides that The gov- lar Meeting held on the
LICE DEPARTMENT, erning body, by Ordi- 19th day of October, 2009.
nonce, may waive the re- Robert D. Freeman
WAIVING BIDDING RE- quirements of competitive
QUIREMENTS, AND FOR Mayor
OTHER PURPOSES. bidding
in Attested exceptional tteste
WHEREAS, the Police De- situations here such pro- city Barbie Clerk/Treasurer
partment requires specific sib s deemed not foal City ole tor
upgraded video equip- sible or ERF N Donal d as form:
NR THEREFORE, BE IT City Jr. Jr
ment, for certain police ORDAINED INED ED E BY THE CITY City Attornorn J ey
vehicles. to integrate with COUNCIL OF THE CITY OF published in the October
an existinga" proprietary VAN BUREN, ARKANSAS:
system fro tchGba
m Wa.rd 24, 2009 issue of the Press
SECTION 1: The City Angus- Courier.
Digital In -Car Video; and Council hereby waives the
WHEREAS, the City of Van requirements of competi
Buren Police Department tive bidding for the above
wishes to purchase spe- described' video equip
cific in -car video, of the ment, as such a procedure
type set forth in the in-. is not deemed to be feasi-
voice attached hereto as ble-or practical under the
Exhibit "A" from Watch circumstances, specifi-
Guard Video of Dallas, tally the need for proprie-
Texas:and tary equipment to work
WHEREAS, the .City is with the Police Depart
authorized to waive the ment's existing system.
expense and time of bid- SECTION 2: The Mayor
ding 'to purchase such and City Clerk are hereby
equipment, were'it would authorized to purchase
be impracticable and un, the 3rd Generation DV -10
feasible to bid the equip- consoles and accessories,
ment herein pursuant to from Watch Guard
On the agenda next was to consider A RESOLUTION SETTING PUBLIC HEARING
FOR THE CLOSING OF A PORTION OF NORTH 19 STREET AND
ABANDONMENT OF ANY UTILITY EASEMENTS ASSOCIATED THEREWITH,
WITHIN THE CITY OF VAN BUREN, ARKANSAS. The City Clerk read the Resolution in
its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman
Swaim seconded by Alderman Dodd moved that the Resolution be adopted. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 10 -1 -2009
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. I0- l 2009
BE IT ENACTED 13Y THE CITY COUNCIL, FOR THE CITY OF VAN BUREN.
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION SETTING A PUBLIC HEARING TIIE
1'1
CLOSING OF A PORTION OF NOl(l'TI u STREET AND
ABANDONM ENT OF ANY UTILITY EASEMENTS
ASSOCIATED Ti IEREWII'Il, WITHIN TIIE CITY OF VAN
BUREN, ARKANSAS.
WHEREAS, a petition has been filed with the City Council of the Citv of Van Buren, Arkansas,
by the Von Buren School District to close and abandon a portion of North 19
Street between Poplar and Baldwin Streets in the City of Van Buren. Arkansas, and
abandon any utility easement therewith. as setout in Attachment "A" attached hereto:
and
WHEREAS, The City Council of Van Buren, Arkansas, acting under the authority of Arkansas
Code Annotated. 14- 301 -301 has the authority to take the action hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
Section I: That a Public Hearing is set for Nocem her 16.2009, at 7:00 pm., at which time said
Petition shall be presented to the City Council, for the Council to determine whether
such actions shall betaken and said whether said street and /or casements should he
abandoned, and than all persons or utilities directly interested have consented to such
action, and the City Clerk is hereby directed to publish notice of the filing of said
petition. and of said hearing for the date and time herein, and in the manner
prescribed by law.
IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas. he its City Council, did
pass, approve, and adopt, bv a vote of for and 4 against, the foregoing Resolution
at its Meeting held on the 19th clay of October 3009. I 1
Robert D. Freema rot
ATTESTED: APPPjQVE 4S TO POIU\l:
(25a
Barbie Curtis, City Clerk/Treasurer N. Donald Jenkins: City-At orney
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC
HEARING FOR THE CLOSING OF AN ALLEY AND ABANDONMENT OF ANY
UTILITY EASEMENTS ASSOCIATED THEREWITH, WITHIN THE CITY OF VAN
BUREN, ARKANSAS. The City Clerk read the Resolution in its entirety. Mayor Freeman
asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman
Parker moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote
resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 10 -2 -2009
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. I a -2009
13E IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO OE ENTITLED:
A RESOLUTION SUITING A PUBLIC HEARING FOR THE
CLOSING OF AN ALLEY AND ABANDONMENT OF ANY
UTILITY EASEMENTS ASSOCIATED THEREWITH,
WIT IIIN 'IITE CITY OF VAN BUREN, ARKANSAS.
WHEREAS, a petition has been filed with the City Council o the Croy of Van Buren. Arkansas,
by the Van Buren School District to close and abandon aportion ofa platted alley
adjoining Lots 1 -20 of Block 9 of the Fairmont Addition to the City of Van Buren,
Arkansas, and abandon any utility easement, therewith, as setout in Attachment "A"
attached hereto; and
\VIIIREAS, The City Council of Van Buren. Arkansas. acting under the authority of Arkansas
Code Annotated, 14- 301 -301 has the authority to take the action hereto.
NOW. THEREFORE BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
Section l: That a Public blearing is set for NOVem her 16,2009. at 7:00 p.m., at which time said
Petition shall be presented to the City Council, for the Council to determine whether
such alleys and /or easements should be abandoned, and that all persons or utilities
directly interested have consented to such action, and the City Clerk is hereby
directed to publish notice of the filing of said petition, and of said hearing for the date
and time herein, and in the manner prescribed by law.
IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas. by its City Council, did
pass. approve, and adopt, by a vote of for and O against, the foregoing Resolution
at its Meeting held on the 19th day of October 2009.
-�_t
Robert 0. Freem .Mayor
ATTESTED: APPR VED \\\TO F
Barbie Curtis. City Clerk/Treasurer N. Donal 7 ki Citv'i omey
On the agenda next was to consider A RESOLUTION AUTHORIZING THE
MAYOR TO SUBMIT AN APPLICATION FOR A "GIF -2" FIRE PROTECTION
GRANT ON BEHALF OF THE CITY OF VAN BUREN FIRE DEPARTMENT; AND
FOR OTHER PURPOSES. The City Clerk read the Resolution in its entirety. Mayor Freeman
asked if there was any discussion. Mayor Freeman mentioned that Chief McAdoo has already
secured letters of support from Senator Whittaker, Representative Green, the Rail Road, Game
and Fish Commission. Corp of Engineers, Congressman Boozman, and Senator Pryor. Alderman
Swaim seconded by Alderman Dodd moved that the Resolution be adopted. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 10 -3 -2009
CITY OF VAN BURIN, ARKANSAS
RESOLUTION NO. 1 -_3 -2009
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED.
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT
AN APPLICATION FOR A "C. IF-2" FIRE PROTECTION
GRANT ON BEIIALF OF THE CITY OF VAN BUREN FIRE
DEPAIttmIENT; ADD FOR OTIIER PURPOSES.
WHEREAS, the Van Buren City Council has determined that the Van Buren Fire Department
meets eligibility requirements necessary to apply for a grant under the 2009 General
Improvement Fund "GIF -2 Grant Program for the purchase of "fire protection
equipment... and vehicles and
WHEREAS. the Van Buren Firc Department has piesenled plans to purchase a four wheel drive
firefighting attack vehicle capable of accessing critical areas on a fire scene not
accessible to their pumpers, especially in critical risk locations such as brush or grass
fires: and
WHEREAS, the Van Buren City Council recognizingthe need for this project for the protection,
of its citizens and their property, concurs its importance, and supports the Van Buren
Fire Department in its efforts to proceed with the same; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
SECTION is The City Council recognizes the need and benefit of purchasing a four wheel drive
firefighting attack vehicle capable of accessing critical areas on a fire scene not
accessible to their pumpers, and Pally supports the application for the grant provided
for herein.
SECTION 2: The Mayor is hereby authorized to submit an application of formal request to the
Arkansas Department of Rural Services and the Arkansas Rural Development
Commission for purposes of securing stale GIF -2 Fire Protection grant funds in the
amount of 550.000.00 to cover and assist the Van Buren Fire Department in
executing the proposed project described herein, which is anticipated to cost
approximately .S65,000.00 total to implement
SECTION 3: The Mayor is further authorized to administer the grant funds for this project in
compliance with Arkansas Department of Rural Services, Arkansas Rural
Development Commission, and the gran; application guidelines.
IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, cc
pass, approve, and adopt, by a vote ofi for and _O against, she foregoing Resolution at it
Regular Meeting held on the 19' day of October 2009.11
Robert D. Fr -v'i"
ATTESTED: APPROVED AS TO FORM:
C
Barbie Curtis, City Clerk/Treasurer N. Donald Jenk_as,1 .City A;tgrney
On the agenda next was to consider A RESOLUTION APPROVING AMOUNTS OF
LIENS TO BE CERTIFIED TO THE CRAWFORD COUNTY TAX COLLECTOR
AGAINST CERTAIN REAL PROPERTIES AS A RESULT OF GRASS CUTTING
EXPENSES AND ABATEMENT OF OTHER NUISANCES BY THE CITY OF VAN
BUREN; AND FOR OTHER PURPOSES. The City Clerk read the Resolution in its entirety.
Mayor Freeman asked if there was any discussion. There was none. Alderman Swaim seconded
by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll, the
following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale, Dodd, and Sagely.
Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 10 -4 -2009 R
RESOLUTION NO. (0- "FOR
A RESOLUTION APPROVING AMOUNTS OF LIENS TO BE
CERTIFIED TO THE CRAWFORD COUNTY TAX COLLECTOR
AGAINST CERTAIN REAL PROPERTIES AS A RESULT OF
GRASS CUTTING EXPENSES AND ABATEMENT OF OTHER
NUISANCES BY THE CITY OF VAN BUREN; AND FOR
OTHER PURPOSES.
WHEREAS, in accordance with Ark Code Ann. 14 -54 -901, the City of Van Buren has corrected
conditions existing on certain lots or other real property within the City of Van Buren and is entitled to
compensation pursuant to Ark Code Ann. 14- 54-904; and
WHEREAS, State law also provides for a lien against the subject properties, with the amount of
lien to be determined by the City Council at a hearing held after notice to the owner thereof by certified
mail or publication (see Exhibit "A" attached hereto), with said amount (plus a ten percent collection
penalty) to he thereafter certified to the Crawford County Tax Collector; and
WHEREAS, a hearing for the purpose of determining such liens has been set for 7:00 p.m. on
October 19, 2009 in order to allow service of the attached notice of same upon the listed property
owners, by certified nail or publication as is necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,
ARKANSAS;
SECTION 1: That after notice to property owners, a public hearing was held at 7:00 p.m. on
October 19, 2009, for the purpose of determining the amount of liens, if any, to be filed against certain
real property as the result of grass cutting and abatement of other nuisances by the City of Van Buren.
SECTION 2: That after said public hearing the amounts listed on Exhibit "A" are hereby certified
and are to be forwarded to the Crawford County Treasurer and Assessor.
SECTION 3: That this Resolution shall be in full force and effect from and after its passage and
approval.
PASSED: APPRO ED:
.43 I.UJc.#42 i
Barbie Curtis, City Clerk \Treasurer Mayor Robert reemari
On the agenda next was to consider A RESOLUTION ACCEPTING THE HIGH
BIDS FOR CERTAIN FIXED ASSETS AUTHORIZED TO BE SOLD AND DISPOSED
OF BY SEALED BID, AND FOR OTHER PURPOSES. The City Clerk read the Resolution
in its entirety. Mayor Freeman asked if there was any discussion. There was none. Alderman
Swaim seconded by Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's
calling the roll, the following vote resulted: Ayes Alderman Swaim, Parker, Moore, Ragsdale,
Dodd, and Sagely. Nays none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which
was attested by the City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 10 -5 -2009
CITY OF VAN I3UREN, ARKANSAS
RESOLUTION NO. 1 5 2009
BE 1T ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION ACCEPTING THE HIGH BIDS FOR
CERTAIN FIXED ASSETS AUTHORIZED TO BE SOLD ANI)
DISPOSED OF BY SEALED BID, AND FOR OTHER
PURPOSES.
WHEREAS. The City of Van Buren authorized the sale and disposal of certain fixed assets which
are obsolete, and /or beyond repair, and are no longer cost effective, so as to no longer
be needed by the City, pursuant to Resolution No. 9-5-2009: and
WHEREAS, The City of Van Buren, after advertising, soliciting and opening sealed bids for said
assets has received adequate and acceptable bids for each listed item thereto.
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: That the Mayor is hereby authorized to accept the high bids as set forth in Exhibit
"A" attached hereto for the following property:
HICII BID DESCRIPTION CONTROL=
S 5.770.00 Easy Street Camper Trailer ST-262
5 1.275.00 2004 Ford Crown Victoria I'M -7
5 2.000.00 2000 Ford Mustang PM -10
5 901.00 The Green Machine Street Sweeper 5T -221
5 2.770.00 John Deere 750 w/ mower deck FC- 06 /FC -05
5 881.00 2001 60" Mower DR -33
SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of
Van Buren to execute all documents necessary to effectuate these sales and transfers.
•r
IN WITNESS WIIEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of� for and n against, e foregoing Resolution at itsreeular
sheeting held on the 19" day of October, 2009.
Robcit D. Freeman,r
ATTESTED: AP ED. TO FO .4
Barbie Curtis, C ity Clerkll reasurer N. Dona City-Attorney
Next on the agenda was a request from First Baptist Church to close Water Street on
October 24, 2009 from 8:30 a.m. to 9:15 a.m. for their 5k Run. Motion was made by Alderman
Swaim and seconded by Alderman Ragsdale to approve the request. The Council followed with a
unanimous vote.
Next on the agenda was a request from Mount Olive Church to close a portion of
Lafayette and Knox Streets for their annual Trunk or Treat. Motion was made by Alderman
Swaim and seconded by Alderman Parker to approve the request. The Council followed with a
unanimous vote.
Next on the agenda was the Financial Statement. Motion was made by Alderman Swaim
and seconded by Alderman Moore to appropriate the sum of $1,140,274.45 to pay expenses and
salaries for September 2009, presented by the City Clerk. The Council followed with a
unanimous vote. Mayor Freeman mentioned that compared to last September, we are down
$440,000.00 in sales tax revenues. This translates out to 44 million dollars in sales.
10 -01-2009 1 0 5 9 AM C I T Y O F V A N 8 1 8 0 0
TRIAL BI1:.A.Y CE
AS OF: SEPTEMBER 30TH, 2009
10 General Fund
MONiII TO OA ?E 'SEAR 00 GATE
ACCTS ACCOUNT NAME DEBITS C840000 DEBITS
ASSETS
1000 Petty Cash 0.00 200.00
1020 cash in Sank 126,101.23 206,630.87 0.*-
1020.05 2009 Byrne Recovery Grant
0.00 0.00
1020.06 2009 Brine grant ,-,n.no 0.00 9 1 1, 0 2 6. 1 3+
1020.02 2007 Byrne Grant 0 0 0 0.00 1 5 2 4 2 2
1020.08 Cash in Bank -Ins 2008 Storm 0.00 30,852.38
1020.09 District Coat Grant Mediation 0 9 6, 7 4 5- 7 1+
75.00
1020.10 cash in Rank xEC 593.20 7,537.OS 1 1 5 9 S 8 4 e
1020.11 Cash in Bank -k9Ba 3,2/5.00 3,574.28 1 5 7 2 3 1 0 1`j
1020.:3 Cash In Bank -AC? 833 0.00 43,385.25 1 3 1 6 8 8
1020.14 Court Automation- fistrist 787.88 48,587.56
1020.15 Cash in Bank -ACT 13:4 0.00 0 r 6
0.00
1020.16 AB del of Rural serviced c. 90 0.00 1 1 4 0 2 7 4 4 5
1020.17 New Follce Dept 0.00 35,000.00
1020.18 Cash in Bank PD co Tax 21,580.25 141,758.05
1020.19 Cash in Bank FD Co Tax 22,850.92 229,451.09
1020.20 Cash In Bank Erosion Control 075.O0 3,150.00
1020.27 Cash in Bank Levee 0.00 7,744 17
1020.20 Marina Repairs 37,500.00
3,'37.80
1020.31 <asn in Bank Parks b den 5.00 53,937.89
1020.51 Cash in Bank Cemetery 11.98 11,124.14
1020.91 Cash in Bank Cap Irp 11.624.09 406,865.08
1040 Investments 0.00 550,000.00
1040.10 Investments Sales Tax City 0.00 0.00
1040. Investments PO Co Tax 0.00 0.00
1040.19 Investments TB Co Tax 0.00 0.00
1040.27 Investments Levee 0.00 0.0D
1040.31 Investments Parks t Sec 0,00 0.00
1090.51 Investments Cemetery 0.00
8,430.55
100.91 Investments ct Cap imp 0.00 1,808,430.55 y
los5e Fixed Assets 0.00 0.00
1051 Accumulated Depreciation 0.00 0.00 1
1504 Due from Payroll 0.00 0.00
1505 Due From Omer Funds 0.00 0.00
1520 fee from Street Fund 0.00 0 u
1540 Due From Library Fund 0.00 0.00 i
LIABILITIES AND FUND BALANCE
2000 Accounts Payable 0.00 0.00
2010 Municipal Health hs. Payable
0.00 0.00
2030 cclontal Life Payable 0.00 0.00
2035 Credit Union -First Resource 0.00 0.00
2040 WPFI Payable 0.00 0.00
2050 National Foundation Life Ins. 0.00 0.00
2060 AF LAC 0,00 0.00 t
2080 Conseco Payable 0.00 0.00
1
Next Police, Fire, Building Inspector, District Court, Engineer, and Ambulance
Reports were presented for filing. There being no further questions or changes, the
reports were filed as submitted.
Next on the agenda was Miscellaneous and General Discussion. Cynthia with the Area
Agency on Agency was here to report that for the 3` Quarter they spent $260.00 which left them
with a balance of $2,690.00.
Mayor Freeman reminded everyone of the Flu Clinic on October 29 from 7:30 a.m. to
4:00 p.m. at the ADEM building which is the old armory. Also, Veteran's Parade will be
November 1 1 °i at 6:30 p.m.
Phyllis Roundville who lives on South 35 Street has issues regarding a substation that
stops up and freezes in the winter and floods her yard. Mayor Freeman asked City Engineer,
Brad Baldwin, to bring this up with Van Buren Municipal Utilities Commission. Mayor Freeman
urged Ms. Roundville to attend a Van Buren Municipal Utilities Commission meeting.
Joe Hill and Julie Reeder are residents of Woodwind Way off of Rena Road and they are
here to voice their concern to the council regarding big trucks driving through their
neighborhood. Mayor Freeman would like to refer to the Planning Commission and check into
more specific weight limits in residential areas.
There being no further business, motion was made by Alderman Parker and
seconded by Alderman Dodd to adjourn. The Council followed with a unanimous vote.
The meeting adjourned at approximately 8:30 p.m.
ATTESTED: AP R VED:
Urn
CITY CLERK TREASURER MA OR