HomeMy WebLinkAbout1993-01-01 r -
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ORDINANCE NO. 93-1-1
AN ORDINANCE TO REPEAL ORDINANCE NO. 997 AND ESTABLISH PRETREATMENT
REQUIREMENTS AND LOCAL LIMITS FOR DIRECT AND INDIRECT CONTRIBUTORS
INTO THE BATESVILLE PUBLICLY OWNED TREATMENT WORKS, AND ENABLING THE
CITY TO COMPLY WITH APPLICABLE FEDERAL AND STATE LAWS REQUIRED BY THE
CLEAN WATER ACT OF 1977 , THE GENERAL PRETREATMENT REGULATIONS (40 CFR
PART 403 ) AND THE ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (ACT
472 OF 1949 ) .
SECTION 1 - GENERAL PROVISIONS
1 . 0 Short Title: This Ordinance shall also be known as the
"Pretreatment Ordinance" .
1 . 1 Purpose and Policy
This ordinance sets forth uniform requirements for users of the
wastewater collection and Publicly Owned Treatment Works (POTW) for the
City of Batesville, Arkansas, and enables Batesville, Arkansas to
comply with all applicable State and Federal laws including the Clean
Water Act ( 33 U.S.C. 1251 et seq. ) and the General Pretreatment
Regulations (40 CFR Part 403 ) . The purposes of this ordinance are:
A. To prevent the introduction of pollutants into the POTW that
will interfere with the operation of the POTW;
B. To prevent the introduction of pollutants into the POTW
which will pass through the POTW, inadequately treated, into
receiving waters or otherwise be incompatible with the POTW;
C. To protect POTW personnel who may be affected by wastewater
and sludge in the course of their employment and to protect
the general public;
D. To improve the opportunity to recycle and reclaim wastewater
and sludge from the POTW;
E. To provide for fees for the equitable distribution of the
cost of operation, maintenance and improvement of the POTW;
and
F. To enable Batesville, Arkansas to comply with its National
Pollution Discharge Elimination System (NPDES) permit
conditions, sludge use and disposal requirements and any
other Federal or State laws to which the POTW is subject.
This ordinance shall apply to all industrial users of the POTW.
The ordinance authorizes the issuance of wastewater discharge permits;
f authorizes monitoring, compliance and enforcement activities;
establishes administrative review procedures; requires industrial user
reporting, and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
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1 . 2 Administration
Except as otherwise provided herein, the Manager of the
Batesville Utilities Commission shall administer, implement and enforce
the provisions of this ordinance. Any powers granted to or duties
imposed upon the Manager may be delegated by the Manager to other
Utility personnel.
1 . 3 Definitions
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this ordinance, shall have the meanings
hereinafter designated.
A. Act or "the Act" . The Federal Water Pollution Control Act,
also known as the Clean Water Act, as amended, 33 U.S .C.
1251 et sea.
B. Approval Authority. Currently the Arkansas Department of
Pollution Control and Ecology, (ADPC&E) .
C. Authorized Representative of the Industrial User.
( 1) If the industrial user is a corporation, authorized
representative shall mean:
• (a) the president, secretary, treasurer, or a vice-
president of the corporation in charge of a
principal business function, or any other person
who performs similar policy or decision-making
functions for the corporation;
(b) the manager of one or more manufacturing,
production, or operation facilities employing more
than 250 persons or having gross annual sales or
expenditures exceeding $25 million (in second-
quarter 1980 dollars) , if authority to sign
documents has been assigned or delegated to the
manager in accordance with corporate procedures;
(2 ) If the industrial user is a partnership, or sole
proprietorship, an authorized representative shall mean
a general partner or proprietor, respectively;
( 3 ) If the industrial user is a Federal, State or local
governmental facility, an authorized representative
shall mean a director or highest official appointed or
designated to oversee the operation and performance of
the activities of the government facility, or their
designee;
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(4 ) The individuals described in paragraphs 1-3 above may
• designate another authorized representative if the
authorization is in writing, the authorization
specifies the individual or position responsible for
the overall operation of the facility from which the
discharge originates or having overall responsibility
for environmental matters for the company, and the
written authorization is submitted to the Batesville
Utilities Commission.
D. Batesville Utilities Commission (BUC). The Batesville
Utilities Commission, which may act through the Manager,
his deputy, agent, or representatives possessing evidence
of authority to so act.
E. Biochemical Oxygen Demand (BOD51. The quantity of oxygen
utilized in the biochemical oxidation of organic matter
under standard laboratorZ procedure as set forth in 40 CFR
136, five (5 ) days at 20 centigrade expressed in terms of
mass and concentration [milligrams per liter (mg/1) ] .
F. Categorical Pretreatment Standard or Categorical Standard.
Any regulation containing pollutant discharge limits
promulgated by the U.S. EPA in accordance with Sections 307
(b) and (c) of the Act ( 33 U.S.C. 1317 ) which apply to a
specific category of industrial users and which appear in 40
• CFR Chapter I, Subchapter N, Parts 405-471 .
G. City. The City of Batesville or the City Council of
Batesville, Arkansas.
H. Color. The optical density at the visual wave length of
maximum absorption, relative to distilled water. One
hundred percent ( 100%) transmittance is equivalent to zero
( 0 . 0 ) optical density.
I. Control Authority. Under the provisions of 40 CFR 403 . 12
(a) the term "Control Authority" shall refer to the Manager
of the Batesville Water Utilities.
J. Composite Sample. The sample resulting from the combination
of individual wastewater samples taken at selected intervals
based on an increment of either flow or time.
K. Environmental Protection Agency or (EPA). The U.S.
Environmental Protection Agency or, where appropriate, the
term may also be used as a designation for the Regional
Water Management Division Director or other duly authorized
official of said agency.
L. Existing Source. Any source of discharge, the construction
or operation of which commenced prior to the publication of
• proposed categorical pretreatment standards which will be
applicable to such source if the standard is thereafter
promulgated in accordance with Section 307 of the Act.
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M. Grab Sample. A sample which is taken from a waste stream
• without regard to the flow in the wastestream and over a
period of time not to exceed fifteen ( 15 ) minutes.
N. Indirect Discharge or Discharge. The introduction of
nondomestic pollutants into the POTW from any nondomestic
source regulated under Section 307 (b) , (c) or
(d) of the Act.
0. Industrial User or User. A source of indirect discharge.
P. Instantaneous Maximum Allowable Discharge Limit. The
maximum concentration (or loading) of a pollutant allowed to
be discharged at any time, determined from the analysis of
any discrete or composited sample collected, independent of
the industrial flow rate and the duration of the sampling
event.
Q. Interference. A discharge which alone or in conjunction
with a discharge or discharges from other sources :
( 1 ) Inhibits or disrupts the POTW, its treatment processes
or operations or its sludge processes, use or disposal;
and
(2 ) Therefore is a cause of a violation of Batesville 's
• NPDES permit or of the prevention of sewage sludge use
or disposal in compliance with any of the following
statutory or regulatory provisions as amended:
Section 405 of the Clean Water Act; the Solid Waste
Disposal Act (SWDA) , including Title II commonly
referred to as the Resource Conservation and Recovery
Act (RCRA) ; any State regulations contained in any
State sludge management plan prepared pursuant to
Subtitle (D) of the SWDA; the Clean Air Act; the Toxic
Substances Control Act; and the Marine Protection,
Research and Sanctuaries Act or permits issued under
such provisions .
R. Manager. The person designated by the Batesville Utilities
Commission to manage and supervise the Water and Sewer
department for the City of Batesville, Arkansas, and who is
charged with certain duties and responsibilities by this
ordinance, or the duly appointed or authorized
representative of such person.
S. Medical Waste. Isolation wastes, infectious agents, human
blood and blood byproducts, pathological wastes, sharps,
body parts, fomites, etiologic agents, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes
• and dialysis wastes .
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• T. New Source.
• ( 1 ) Any building, structure, facility or installation from
which there is or may be a discharge of pollutants, the
construction of which building, structure, facility or
installation commenced after the publication of
proposed pretreatment standards under Section 307 (c)
of the Act which pretreatment standards will be
applicable to such source if such standards are
promulgated in accordance with that section, provided
that:
(a) The building, structure, facility or installation
is constructed at a site at which no other source
is located; or
(b) The building, structure, facility or installation
totally replaces the process or production
equipment that causes the discharge of pollutants
at an existing source; or
(c) The production or wastewater generating processes
of the building, structure, facility or
installation are substantially independent of an
existing source at the same site. In determining
whether these are substantially independent,
factors such as the extent to which the new
facility is integrated with the existing plant,
and the extent to which the new facility is
engaged in the same general type of activity as
the existing source, should be considered.
(2 ) Construction on a site at which an existing source is
located results in a modification rather than a new
source if the construction does not create a new
building, structure, facility or installation meeting
the criteria of Section ( 1 ) (b) or (c) above but
otherwise alters, replaces, or adds to existing process
or production equipment.
( 3 ) Construction of a new source as defined under this
paragraph has commenced if the owner or operator has:
(a) Begun, or caused to begin as part of a continuous
onsite construction program
(i) Any placement, assembly, or installation of
facilities or equipment, or
(ii) Significant site preparation work including
clearing, excavation, or removal of existing
buildings, structures, or facilities which is
® necessary for the placement, assembly, or
installation of new source facilities or
equipment; or
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` (b) Entered into a binding contractual obligation for
• the purchase of facilities or equipment which are
intended to be used in its operation within a
reasonable time. Options to purchase or contracts
which can be terminated or modified without
substantial loss, and contracts for feasibility,
engineering, and design studies do not constitute
a contractual obligation under this paragraph.
U. Noncontact Cooling Water. Water used for cooling which does
not come into direct contact with any raw material
intermediate product, waste product, or finished product.
V. Pass Through. A discharge which exits the POTW into waters
of the State in quantities or concentrations which, alone or
in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of
Batesville's NPDES permit (including an increase in the
magnitude or duration of a violation) .
W. Person. Any individual, partnership, copartnership, firm,
company, corporation, association, joint stock company,
trust, estate, governmental entity or any other legal
entity, or their legal representatives, agents or assigns.
This definition includes all Federal, State or local
governmental entities.
• X. pH. A measure of the acidity or alkalinity of a substance,
expressed in standard units .
Y. Pollutant. Any dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, medical
wastes, chemical wastes, industrial wastes, biological
materials, radioactive materials, heat, wrecked or
discharged equipment, rock, sand, cellar dirt, agricultural
and industrial wastes, and the characteristics of the
wastewater [i.e. , pH, temperature, TSS, turbidity, color,
BOD5 , Chemical Oxygen Demand (COD) , toxicity, odor] .
Z . Pretreatment. The reduction of the amount of pollutants,
the elimination of pollutants, or the alteration of the
nature of pollutant properties in wastewater prior to or in
lieu of introducing such pollutants into the POTW. This
reduction or alteration can be obtained by physical,
chemical or biological processes, by process changes, or by
other means, except by diluting the concentration of the
pollutants unless allowed by an applicable pretreatment
standard.
AA. Pretreatment Requirements . Any substantive or procedural
requirement related to pretreatment imposed on an industrial
user, other than a pretreatment standard.
• BB. Pretreatment Standards or Standards. Pretreatment standards
shall mean prohibitive discharge standards, categorical
pretreatment standards, and local limits .
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CC. Prohibited Discharge Standards or Prohibited Discharges.
' Absolute prohibitions against the discharge of certain
• substances; these prohibitions appear in Section 2 . 1 of this
ordinance.
DD. Publicly Owned Treatment Works or POTW. A "treatment works"
as defined by Section 212 of the Act, which is owned by a
State or municipality (as defined by section 502 (4 ) of the
act) . This definition includes any devices and systems used
in the storage, treatment, recycling and reclamation of
municipal sewage or industrial wastes of a liquid nature. It
also includes sewers, pipes, and other conveyances only if
they convey wastewater to a POTW Treatment Plant. The term
also means the municipality as defined in section 502 (4 ) of
the Act, which has jurisdiction over the Indirect Discharges
to and the discharges from such a treatment works.
EE. Septic Tank Waste. Any sewage from holding tanks such as
vessels, chemical toilets, campers, trailers, and septic
tanks .
FF. Sewage. Human excrement and gray water (household showers,
dishwashing operations, etc. )
GG. Significant Industrial User.
(a) industrial users subject to categorical pretreatment
• standards; and
(b) any other industrial user that;
(i) discharges an average of 25, 000 gpd or more of
process wastewater,
(ii) contributes a process wastestream which makes up 5
percent or more of the average dry weather hydraulic
or organic capacity of the treatment plant or,
(iii) is designated as significant by the Batesville
Utilities Commission on the basis that the
industrial user has a reasonable potential for
adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement.
HH. Slug Load. Any discharge at a flow rate or concentration
which could cause a violation of the prohibited discharge
standards in Section 2 . 1 of this ordinance or any discharge
of a nonroutine, episodic nature, including but not limited
to, an accidental spill or a noncustomary batch discharge.
II . Standard Industrial Classification (SIC) Code. A
classification pursuant to the Standard Industrial
Classification Manual issued by the U.S . Office of
® Management and Budget.
JJ. Storm Water. Any flow occurring during or following any
form of natural precipitation, and resulting therefrom,
including snowmelt.
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KK. Superintendent. The person designated by the Batesville
• Utilities Commission to supervise the operation of the POTW,
or their duly authorized representative who is charged with
certain duties and responsibilities by this ordinance.
LL. Suspended Solids. The total suspended matter that floats on
the surface of, or is suspended in, water, wastewater, or
other liquid, and which is removable by laboratory
filtering.
MM. Toxic Pollutant. One of the pollutants, or combination of
those pollutants, listed as toxic in regulations promulgated
by the EPA under the provision of 40 CFR Part 122, Appendix
D, Table II and III .
NN. Treatment Plant Effluent. Any discharge of pollutants from
the POTW into waters of the State.
00. Wastewater. Liquid and water-carried industrial wastes, and
sewage from residential dwellings, commercial buildings,
industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the
POTW.
PP. Wastewater Treatment Plant or Treatment Plant. That portion
of the POTW designed to provide treatment of sewage and
industrial waste.
Shall is mandatory; may is permissive or discretionary. The use
of the singular shall be construed to include the plural and the plural
shall include the singular as indicated by the context of its use.
1 .4 Abbreviations
The following abbreviations shall have the designated meanings:
BOD5 - Biochemical Oxygen Demand
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
EPA - U.S . Environmental Protection Agency
Qpd - Gallons Per Day
1 - Liter
mmq - Milligrams
mg/l - Milligrams per liter
NPDES - National Pollutant Discharge Elimination System
OSHA - Occupational Safety and Health Administration
(title 29, chapter XVII CFR)
O&M - Operation and Maintenance
POTW - Publicly Owned Treatment Works
RCRA - Resource Conservation and Recovery Act
SIC - Standard Industrial Classifications
SWDA - Solid Waste Disposal Act (42 U.S.C. 6901, et seg. )
TSS _ Total Suspended Solids
USC United States Code
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SECTION 2 - GENERAL SEWER USE REQUIREMENTS
2 . 1 Prohibited Discharge Standards
No industrial user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater which causes pass through or
interference. No industrial user shall contribute the following
substances to the POTW:
A. Pollutants which create a fire or explosive hazard in the
municipal wastewater collection and POTW, including, but not
limited to, wastestreams with a closed-cup flashpoint of
less than 140OF ( 600C) using the test methods specified in
40 CFR 261 .21 .
B. Any wastewater having a pH less than 5 or more than 10, or
otherwise causing corrosive structural damage to the POTW or
equipment, or endangering City personnel.
C. Solid or viscous substances in amounts which will cause
obstruction of the flow in the POTW resulting in
interference, but in no case solids greater than one half
inches ( 1/2 ) or one point two seven centimeter( s) 1 .27 cm in
any dimension.
D. Any wastewater containing pollutants, including oxygen
• demanding pollutants (BODS , etc. ) , released in a discharge
at a flow rate or pollutant concentration which, either
singly or by interaction with other pollutants, will cause
interference with either the POTW; or any wastewater
treatment or sludge process, or which will constitute a
hazard to humans or animals .
E. Any wastewater having a temperature greater than 150OF
( 650C) , or which will inhibit biological activity in the
treatment plant resulting in interference, but in no case
wastewater which causes the temperature at the introduction
into the treatment plant to exceed 1040F (400C) .
F. Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference
or pass through.
G. Any pollutants which result in the presence of toxic gases,
vapors or fumes within the POTW in a quantity that may cause
acute worker health and safety problems.
H. Any trucked or hauled pollutants, except at discharge points
designated by the Batesville Utilities Commission in
accordance with Section 3 . 5 .
I . Any noxious or malodorous liquids, gases, solids, or other
wastewater which, either singly or by interaction with other
wastes, are sufficient to create a public nuisance, a hazard
to life, or to prevent entry into the sewers for maintenance
and repair.
40
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® J. Any wastewater which imparts color which cannot be removed
by the treatment process, such as, but not limited to, dye
wastes and vegetable tanning solutions, which consequently
imparts color to the treatment plant's effluent thereby
violating Batesville 's NPDES permit. Color (in combination
with turbidity) shall not cause the treatment plant effluent
to reduce the depth of the compensation point for
photosynthetic activity by more than 10 percent from the
seasonably established norm for aquatic life.
K. Any wastewater containing any radioactive wastes or isotopes
except as specifically approved by the Batesville Utilities
Commission in compliance with applicable State or Federal
regulations.
L. Storm water, surface water, ground water, artesian well
water, roof runoff, subsurface drainage, swimming pool
drainage, condensate, deionized water, noncontact cooling
water, and unpolluted industrial wastewater, unless
specifically authorized by Batesville Utilities Commission.
M. Any sludges, screenings, or other residues from the
pretreatment of industrial wastes.
N. Any medical wastes, except as specifically authorized by
Batesville Utilities Commission in a wastewater discharge
• permit.
0. Any wastes containing detergents, surface active agents, or
other substances which may cause excessive foaming in the
POTW.
P. Any discharge of fats, oils, or greases of animal or
vegetable origin is limited to 100 mg/1 .
Wastes prohibited by this section shall not be processed or
stored in such a manner that they could be discharged to the POTW.
All floor drains located in process or materials storage areas must
discharge to the industrial user's pretreatment facility before
connecting with the POTW.
2 .2 Federal Categorical Pretreatment Standards
A. Upon the promulgation of the Federal Categorical
Pretreatment Standards for a particular industrial
Category, or upon amending a Federal Categorical
Pretreatment Standard, the Federal Standard, if more
stringent than limitations imposed under this Ordinance for
sources in that subcategory, shall immediately supersede the
limitations imposed under this Ordinance. However, if the
Federal Categorical Pretreatment Standard is less stringent
O than the limitations of this Ordinance, this Ordinance shall
entail.
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B. It shall be the responsibility of each User to be
• knowledgeable of all regulations applicable to the User.
The Control Authority shall make all reasonable efforts to
notify all affected Users of applicable Standards and
reporting requirements under 40 CFR 403 . 12 . Failure of the
Control Authority to notify an affected User, however, does
not relieve the User of complying with the appropriate
Federal Categorical Pretreatment Standards or applicable
reporting requirements .
2 . 3 State Requirements
A. The Arkansas Department of Pollution Control and Ecology may
from time to time promulgate new requirements for the NPDES
program, and in the event that a particular requirement may
be more stringent than that imposed by Federal Law, or by
this Ordinance, such State requirement shall immediately
supersede the limitations imposed under this Ordinance and
shall then constitute the applicable requirement for the
NPDES program then in effect.
B. It shall be the responsibility of each User to be
knowledgeable of all new State requirements applicable to
the User. The Control Authority shall make all reasonable
efforts to notify the affected Users of any change in State
requirements for the NPDES program, however, failure of the
Control Authority to notify an affected User does not
relieve the User of the duty to comply with the appropriate
State NPDES program requirement.
2 .4 Specific Pollutant Limitations
This Section reserved for use for Technically Based Local Limits
if needed.
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2 .5 City's Right of Revision
Batesville, Arkansas reserves the right to establish, by
ordinance or in wastewater discharge permits, more stringent standards
or requirements on discharges to the POTW if deemed necessary to comply
with the objectives presented in Section 1 . 1 of this ordinance or the
general and specific prohibitions in Section 2 . 1 of this ordinance.
2 . 6 Special Agreement
Batesville Utilities Commission reserves the right to enter into
special agreements with industrial users setting out special terms
under which they may discharge to the POTW. In no case will a special
agreement waive compliance with a pretreatment standard or requirement.
However, the industrial user may request a net gross adjustment to a
categorical standard in accordance with 40 CFR 403 . 15 . They may also
request a variance from the categorical pretreatment standard from EPA.
Such a request will be approved only if the industrial user can prove
that factors relating to its discharge are fundamentally different from
the factors considered by EPA when establishing that pretreatment
standard. An industrial user requesting a fundamentally different
factor variance must comply with the procedural and substantive
provisions in 40 CFR 403 . 13 .
2 . 7 Dilution
No industrial user shall ever increase the use of process water,
or in any way attempt to dilute a discharge, as a partial or complete
substitute for adequate treatment to achieve compliance with a
discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Batesville Utilities
Commission may impose mass limitations on industrial users which are
using dilution to meet applicable pretreatment standards or
requirements, or in other cases when the imposition of mass limitations
is appropriate.
SECTION 3 - PRETREATMENT OF WASTEWATER
3 . 1 Pretreatment Facilities
Industrial users shall provide necessary wastewater treatment as
required to comply with this ordinance and shall achieve compliance
with all categorical pretreatment standards, local limits and the
prohibitions set out in Section 2 above within the time limitations
specified by the EPA, the State, or the Batesville Utilities
Commission, whichever is more stringent. Any facilities required to
pretreat wastewater to a level acceptable to the Batesville Utilities
Commission shall be provided, operated, and maintained at the
industrial user's expense. Detailed plans showing the pretreatment
facilities and operating procedures shall be submitted to the
Batesville Utilities Commission for review, and shall be acceptable to
the Batesville Utilities Commission before construction of the
facility. The review of such plans and operating procedures will in no
way relieve the industrial user from the responsibility of modifying
the facility as necessary to produce a discharge acceptable to the
Batesville Utilities Commission under the provisions of this ordinance.
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3.2 Additional Pretreatment Measures
® A. The Batesville Utilities Commission when it deems it to be
reasonably necessary to the efficient operation of the POTW,
may require industrial users to restrict their discharge
during peak flow periods, designate that certain wastewater
be discharged only into specific sewers, relocate or
consolidate points of discharge, separate sewage
wastestreams from industrial wastestreams, and such other
conditions as may be necessary to protect the POTW and
determine the industrial user's compliance with the
requirements of this ordinance.
B. Grease, oil and sand interceptors shall be provided when, in
the opinion of the Batesville Utilities Commission, they are
necessary for the proper handling of wastewater containing
excessive amounts of grease and oil, or sand; except that
such interceptors shall not be required for residential
users. All interception units shall be of type and capacity
approved by the Batesville Utilities Commission and shall be
so located to be easily accessible for cleaning and
inspection. Such interceptors shall be inspected, cleaned,
and repaired regularly, as needed, by the owner at their
expense.
C. Industrial users with the potential to discharge flammable
substances may be required to install and maintain an
approved combustible gas detection meter.
3 . 3 Accidental Discharge-Slug Control Plans
The Batesville Utilities Commission may require any industrial
user to develop and implement an accidental discharge-slug control
plan. At least once every two years the Manager shall evaluate whether
each significant industrial user needs such a plan. Any industrial
user required to develop and implement an accidental discharge-control
slug plan shall submit a plan which addresses, at a minimum, the
following:
A. Description of discharge practices, including nonroutine
batch discharges.
B. Description of stored chemicals .
C. Procedures for immediately notifying the POTW of any
accidental or slug discharge. Such notification must also
be given for any discharge which would violate any of the
prohibited discharges in Section 2 . 1 of this ordinance.
D. Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures include, but are not
limited to, inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading
operations, control of plant site run-off, worker training,
building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents,
or measures and equipment for emergency response.
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3 .4 Tenant Responsibility
Where an owner of property leases premises to any other person
as a tenant under any rental or lease agreement, if either the owner or
the tenant is an industrial user, either or both may be held
responsible for compliance with the provisions of this ordinance.
3 . 5 Hauled Wastewater
A. Septic tank waste may be accepted into the POTW at a
designated receiving structure within the treatment plant
area, and at such times as are established by the Manager,
provided such wastes do not violate Section 2 of this
ordinance or any other requirements established or adopted
by the Batesville Utilities Commission. Wastewater
discharge permits for individual vehicles to use such
facilities shall be issued by the Manager.
B. The discharge of hauled industrial wastes as "industrial
septage" requires prior approval and a wastewater discharge
permit from the Batesville Utilities Commission. The
Manager shall have authority to prohibit the disposal of
such wastes, if such disposal would interfere with the
treatment plant operation. Waste haulers are subject to all
other sections of this ordinance.
C. Fees for dumping septage will be established as part of the
industrial user fee system as authorized in Section 15 .
3 . 6 Vandalism
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface, tamper with or prevent access to any
structure, appurtenance or equipment, or other part of the POTW. Any
person found in violation of this requirement shall be subject to the
sanctions set out in Sections 10-12 , below.
SECTION 4 - WASTEWATER DISCHARGE PERMIT ELIGIBILITY
4 . 1 Wastewater Survey
When requested by the Manager all industrial users must submit
information on the nature and characteristics of their wastewater by
completing a wastewater survey prior to commencing their discharge.
The Manager is authorized to prepare a form for this purpose and may
periodically require industrial users to update the survey. Failure to
complete this survey shall be reasonable grounds for terminating
service to the industrial user and shall be considered a violation of
the ordinance.
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4 . 2 Wastewater Discharge Permit Requirement
® A. It shall be unlawful for any significant industrial user to
discharge wastewater into the Batesville POTW without first
obtaining a wastewater discharge permit from the Manager.
Any violation of the terms and conditions of a wastewater
discharge permit shall be deemed a violation of this
ordinance and subjects the wastewater discharge permittee to
the sanctions set out in Sections 10-12 . Obtaining a
wastewater discharge permit does not relieve a permittee of
its obligation to comply with all Federal and State
pretreatment standards or requirements or with any other
requirements of Federal, State and local law.
B. The Batesville Utilities Commission may require other
industrial users, including liquid waste haulers, to obtain
wastewater discharge permits as necessary to carry out the
purposes of this ordinance.
4 . 3 Wastewater Discharge Permitting Existing Connections
Any significant industrial user which discharges industrial
waste into the POTW prior to the effective date of this ordinance and
who wishes to continue such discharges in the future, shall, within
ninety (90) days after said date, apply to the Batesville Utilities
Commission for a wastewater discharge permit in accordance with Section
4 . 6 below, and shall not cause or allow discharges to the POTW to
continue after one hundred and twenty ( 120 ) days of the effective date
of this ordinance except in accordance with a wastewater discharge
permit issued by the Batesville Utilities Commission.
4 .4 Wastewater Discharge Permitting New Connections
Any significant industrial user proposing to begin or recommence
discharging industrial wastes into the POTW must obtain a wastewater
discharge permit prior to the beginning or recommencing of such
discharge. An application for this wastewater discharge permit must be
filed at least Ninety ( 90 ) days prior to the date upon which any
discharge will begin.
4 .5 Wastewater Discharge Permitting of Industrial Users Outside
Municipal Boundaries
A. Any existing significant industrial user located beyond the
Batesville city limits shall submit a wastewater discharge
permit application, in accordance with Section 4 . 6 below,
within ninety ( 90 ) days of the effective date of this
ordinance. New significant industrial users located beyond
the Batesville city limits shall submit such applications to
the Manager Ninety ( 90) days prior to any proposed discharge
into the POTW.
B. Alternately, the Batesville Utilities Commission may enter
into an agreement with the neighboring jurisdiction in which
the significant industrial user is located to provide for
the implementation and enforcement of pretreatment program
requirements against said industrial user.
Page 16
C. Nothing in the forgoing sections, or in any provisions of
this ordinance shall, be construed as requiring the City of
Batesville, Arkansas to accept discharge into the POTW of
any waste of any SIU located outside the city limits.
4 . 6 Wastewater Discharge Permit Application Contents
In order to be considered for a wastewater discharge permit, all
applicants must submit the information required by Section 6 . 1 (B) of
this ordinance, on a form to be provided by the Batesville Utilities
Commission. The following information may be requested:
A. Description of activities, facilities, and plant processes
on the premises, including a list of all raw materials and
chemicals used or stored at the facility which are, or could
accidentally or intentionally be, discharged to the POTW.
B. Number and type of employees, hours of operation, and
proposed or actual hours of operation.
C. Each product produced by type, amount, process or processes,
and rate of production.
D. Type and amount of raw materials processed (average and
maximum per day) .
• E. The site plans, floor plans, mechanical and plumbing plans,
and details to show all sewers, floor drains, and
appurtenances by size, location, and elevation, and all
points of discharge to the POTW.
F. Time and duration of the discharge.
G. Any other information as may be deemed necessary by the
Manager to evaluate the wastewater discharge permit
application.
Incomplete or inaccurate applications will not be processed and
will be returned to the industrial user for revision.
4 . 7 Application Signatories and Certification
All wastewater discharge permit applications and industrial user
reports must contain the following certification statement and be
signed by an authorized representative of the industrial user:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for
gathering the information, the information submitted is to the
best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting
false information, including the possibility of fine and
imprisonment for knowing violations. "
Page 17
4 . 8 Wastewater Discharge Permit Decisions
The Manager will evaluate the data furnished by the industrial
user and may require additional information. Within ninety ( 90 ) days
of receipt of all requested information and a completed wastewater
discharge permit application, the Manager will determine whether or not
to issue a wastewater discharge permit. If no determination is made
within ninety (90 ) days, the application will be deemed denied. The
Manager may deny any application for a wastewater discharge permit
where the applicants requested discharge would violate any provision of
this ordinance, or where, in the judgement of the Manager the discharge
would adversely effect the operation of the POTW or cause the POTW to
violate it 's NPDES permit.
SECTION 5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
5 . 1 Wastewater Discharge Permit Duration
Wastewater discharge permits shall be issued for a specified
time period, not to exceed five (5 ) years. A wastewater discharge
permit may be issued for a period less than five (5 ) years, at the
discretion of the Manager. Each wastewater discharge permit will
indicate a specific date upon which it will expire.
5 . 2 Wastewater Discharge Permit Contents
Wastewater discharge permits shall include such conditions as
are reasonable deemed necessary by the Manager to prevent a violation
of the city's NPDES permit and to prevent pass through or interference,
protect the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge
management and disposal, protect ambient air quality, and protect
against damage to the POTW.
A. Wastewater discharge permits must contain the following
conditions:
( 1) A statement that indicates wastewater discharge permit
duration, which in no event shall exceed 5 years.
(2 ) That the wastewater discharge permit is nontransferable
without prior notification to [and approval from the
Batesville Utilities Commission] , and provisions for
furnishing the new owner or operator with a copy of the
existing wastewater discharge permit.
( 3 ) Effluent limits applicable to the user based on
applicable standards in Federal, State, and local law.
(4 ) Self monitoring, sampling, reporting, notification, and
• record keeping requirements. These requirements shall
include an identification of pollutants to be
monitored, sampling location, sampling frequency, and
sample type based on Federal, State, and local law.
Page 18
(5) Statement of applicability of civil, criminal, and
• administrative penalties for violation of pretreatment
standards and requirements, and any applicable
compliance schedule. Such schedule may not extend the
time for compliance beyond that required by applicable
Federal, State, or local law.
B. Wastewater discharge permits may contain, but need not be
limited to, the following:
( 1) Limits on the average or maximum rate of discharge,
time of discharge, or requirements for flow regulation
and equalization.
(2 ) Limits on the instantaneous, daily and monthly average
or maximum concentration, mass, or other measure of
identified wastewater pollutants or properties .
(3 ) Requirements for the installation of pretreatment
technology, pollution control, or construction of
appropriate containment devices, designed to reduce,
eliminate, or prevent the introduction of pollutants
into the treatment works.
(4 ) Development and implementation of spill control plans
or other special conditions including management
practices necessary to adequately prevent accidental,
unanticipated, or routine discharges .
(5 ) Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to
the POTW.
( 6 ) The unit charge or schedule of industrial user charges
and fees for the management of the wastewater
discharged to the POTW.
(7 ) Requirements for installation and maintenance of
inspection and sampling facilities and equipment.
( 8) A statement that compliance with the wastewater
discharge permit does not relieve the permittee of
responsibility for compliance with all applicable
Federal and State pretreatment standards, including
those which become effective during the term of the
wastewater discharge permit.
( 9 ) Other conditions as deemed appropriate by the Manager
to ensure compliance with this ordinance, and State and
Federal laws, rules, and regulations .
•
Page 19
5. 3 Wastewater Discharge Permit Appeals
Any person, including the industrial user, may petition the
Batesville Utilities Commission to reconsider the terms of a wastewater
discharge permit within thirty ( 30) days of its issuance.
A. Failure to submit a timely petition for review shall result
in the permit becoming a final administrative action for
purposes of judicial review.
B. In its petition, the appealing party must indicate the
wastewater discharge permit provisions objected to, the
reasons for this objection, and the alternative condition,
if any, it seeks to place in the wastewater discharge
permit.
C. The enforcement of the wastewater discharge permit shall not
be stayed pending the appeal.
D. If the Batesville Utilities Commission fails to act within
forty five (45 ) days, a request for reconsideration shall be
deemed to be denied. Decisions not to reconsider a
wastewater discharge permit, not to issue a wastewater
discharge permit, or not to modify a wastewater discharge
permit, shall be considered final administrative action for
purposes of judicial review.
CE. Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must do
so by filing a complaint within a court of competent
jurisdiction.
5 .4 Wastewater Discharge Permit Modification
The Manager may modify the wastewater discharge permit for good
cause including, but not limited to, the following:
A. To incorporate any new or revised Federal, State, or local
pretreatment standards or requirements .
B. To address significant alterations or additions to the
industrial user's operation, processes, or wastewater volume
or character since the time of wastewater discharge permit
issuance.
C. A change in the POTW that requires either a temporary or
permanent reduction or elimination of the authorized
discharge.
D. Information indicating that the permitted discharge poses a
threat to the POTW, it 's personnel, or the receiving waters.
® E. Violation of any terms or conditions of the wastewater
discharge permit.
Page 20
F. Misrepresentations or failure to fully disclose all relevant
facts in the wastewater discharge permit application or in
any required reporting.
G. Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403 . 13 .
H. To correct typographical or other errors in the wastewater
discharge permit
I . To reflect a transfer of the facility ownership or operation
to a new owner or operator.
The filing of a request by the permittee for a wastewater
discharge permit modification does not suspend the enforcement of any
existing wastewater discharge permit condition.
5 . 5 Wastewater Discharge Permit Transfer
Wastewater discharge permits may be reassigned or transferred to
a new owner or operator only if the permittee gives at least thirty
( 30 ) days advance notice to the Manager and the Manager approves the
wastewater discharge permit transfer. The notice to the Manager must
include a written certification by the new owner or operator which:
A. States that the new owner and operator has no immediate
intent to change the facility's operations and processes .
B. Identifies the specific date on which the transfer is to
occur.
C. Acknowledges full responsibility for complying with the
existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the
wastewater discharge permit voidable on the date of facility transfer.
5 . 6 Wastewater Discharge Permit Revocation
Wastewater discharge permits may be revoked for the following
reasons :
A. Failure to notify the Batesville Utilities Commission of
significant changes to the users effluent wastewater prior
to discharge.
B. Failure to provide prior notification to the Batesville
Utilities Commission of changed condition pursuant to
Section 6 .5 .
C. Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application.
D. Falsifying self-monitoring reports .
E. Tampering with monitoring equipment.
Page 21
F. Refusing to allow the Batesville Utilities Commission timely
access to the facility premises and records.
G. Failure to meet effluent limitations .
H. Failure to pay fines .
I. Failure to pay sewer charges .
J. Failure to meet compliance schedules.
K. Failure to complete a wastewater survey or the wastewater
discharge permit application.
L. Failure to provide advance notice of the transfer of a
permitted facility.
M. Violation of any pretreatment standard or requirement, or
any terms of the wastewater discharge permit or the
ordinance.
Wastewater discharge permits shall be voidable upon nonuse,
cessation of operations, or transfer of business ownership. All
wastewater discharge permits are void upon the issuance of a new
wastewater discharge permit.
5 . 7 Wastewater Discharge Permit Reissuance
A significant industrial user shall apply for wastewater
discharge permit reissuance by submitting a complete wastewater
discharge permit application in accordance with Section 4 . 6 a minimum
of sixty ( 60 ) days prior to the expiration of the industrial user's
existing wastewater discharge permit.
5 . 8 Municipal Wastewater Discharge Permits
In the event another municipality contributes all or a portion
of its wastewater to the POTW, the POTW may require such municipality
to apply for and obtain a municipal wastewater discharge permit.
A. A municipal wastewater discharge permit application shall
include:
( 1 ) A description of the quality and volume of the
wastewater at the point( s) where it enters the POTW.
(2 ) An inventory of all industrial users discharging to the
municipality.
( 3 ) Such other information as may be required by the
Manager.
Page 22
B. A municipal wastewater discharge permit shall contain the
• following conditions:
( 1) A requirement for the municipal user to adopt a sewer
use ordinance which is at least as stringent as this
ordinance and local limits which are at least as
stringent as those set out in Section 2 .4 .
(2 ) A requirement for the municipal user to submit a
revised industrial user inventory on at least an annual
basis .
( 3 ) A requirement for the municipal user to:
(a) conduct pretreatment implementation activities
including industrial user permit issuance,
inspection and sampling, and enforcement; or
(b) authorize the POTW to take or conduct such
activities on its behalf .
(4 ) A requirement for the municipal user to provide the
Batesville Utilities Commission with access to all
information that the municipal user obtains as part of
its pretreatment activities.
• (5 ) Limits on the nature, quality, and volume of the
municipal user's wastewater at the point where it
discharges to the POTW.
(6 ) Requirements for monitoring the municipal user's
discharge.
C. Violation of the terms and conditions of the municipal
user's wastewater discharge permit subjects the municipal
user to the sanctions set out in Sections 10 through 12 .
Page 23
SECTION 6 - REPORTING REQUIREMENTS
6 . 1 Baseline Monitoring Reports
A. ( 1 ) Within either 180 days after the effective date of a
categorical pretreatment standard, or the final
administrative decision on a category determination under 40
CFR 403 . 6 (a) (4 ) , whichever is later, existing significant
industrial users subject to such categorical pretreatment
standards, and currently discharging to or scheduled to
discharge to the POTW, shall be required to submit to the
Manager a report which contains the information listed in
paragraph B, below. At least ninety ( 90 ) days prior to
commencement of their discharge, new sources, and sources
that become industrial users subsequent to the promulgation
of an applicable categorical standard, shall be required to
submit to the Manager a report which contains the
information listed in paragraph B, below. A new source
shall also be required to report the method of pretreatment
it intends to use to meet applicable pretreatment standards.
A new source shall also give estimates of its anticipated
flow and quantity of pollutants discharged.
( 2 ) Within 180 days after the adoption of any change in a
pretreatment standard other than a categorical pretreatment
standard as defined in 6 . 1 A. 1 above, which adoption may be
by Federal Regulation, the State Statute, or by Batesville
co Ordinance, existing significant industrial users subject to
such pretreatment standard, and currently discharging to, or
scheduled to discharge to the POTW, shall be required to
submit to the Manager a report which contains the
information listed in Subsection 6 . 1 B, below. At least
ninety ( 90) days prior to commencement of their discharge,
new sources, and sources that become industrial users
subsequent to the promulgation of an applicable pretreatment
standard, shall be required to submit to the Manager a
report which contains the information listed in Subsection
6 . 1 B, below. A new source shall also be required to report
the method of pretreatment it intends to use to meet
applicable pretreatment standards . A new source shall also
give estimates of its anticipated flow and quantity of
pollutants discharged.
B. The industrial user shall submit the information required by
this section including:
( 1) Identifying Information. The name and address of the
facility including the name of the operator and owners.
( 2 ) Wastewater Discharge Permits . A list of any
environmental control wastewater discharge permits held
by or for the facility.
•
Page 24
( 3 ) Description of Operations . A brief description of the
® nature, average rate of production, and standard
industrial classifications of the operation(s) carried
out by such industrial user. This description should
include a schematic process diagram which indicates
point of discharge to the POTW from the regulated
processes .
(4 ) Flow Measurement. Information showing the measured
average daily and maximum daily flow, in gallons per
day, to the POTW from regulated process streams and
other streams, as necessary, to allow use of the
combined wastestream formula set out in 40 CFR
403 . 6 (e) .
(5 ) Measurement of Pollutants.
(a) Identify the categorical pretreatment standards
applicable to each regulated process .
(b) Submit the results of sampling and analysis
identifying the nature and concentration or mass,
where required by the standard or by the
Batesville Utilities Commission, of regulated
pollutants in the discharge from each regulated
process. Instantaneous, daily maximum and long
• term average concentrations (or mass, where
required) shall be reported. The sample shall be
representative of daily operations and shall be
analyzed in accordance with procedures set out in
Section 6 . 10 .
(c) Sampling must be performed in accordance with
procedures set out in Section 6 . 11 .
( 6 ) Certification. A statement reviewed by the industrial
user's authorized representative and certified by a
qualified professional, indicating whether pretreatment
standards are being met on a consistent basis, and, if
not, whether additional operation and maintenance (O&M)
or additional pretreatment is required to meet the
pretreatment standards and requirements.
( 7 ) Compliance Schedule. If additional pretreatment or O&M
will be required to meet the pretreatment standards;
the shortest schedule by which the industrial user will
provide such additional pretreatment or 0&M shall not
be later than the compliance date established for the
applicable pretreatment standard. A compliance
schedule pursuant to this section must meet the
requirements set out in Section 4 . 6 (N) of this
ordinance.
( 8) All baseline monitoring reports must be signed and
certified in accordance with Section 4 . 7 .
Page 25
6 . 2 Compliance Schedule Progress Report
The following conditions shall apply to the schedule required by
6 . 1 (B) (7 ) . The schedule shall contain progress increments in the form
of dates for the commencement and completion of major events leading to
the construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards ( such events
include: hiring an engineer, completing preliminary and final plans,
executing contracts for major components, commencing and completing
construction, beginning and conducting routine operation) . No
increment referred to above shall exceed nine ( 9 ) months. The
industrial user shall submit a progress report to the Manager no later
than 14 days following each date in the schedule and the final date of
compliance including, as a minimum, whether or not it complied with the
increment of progress, the reason for any delay, (and, if appropriate)
the steps being taken by the industrial user to return to the
established schedule. In no event shall more than nine ( 9 ) months
elapse between such progress reports to the Manager.
6 . 3 Report on Compliance with Categorical Pretreatment Standard
Deadline
Within ninety (90 ) days following the date for final compliance
with applicable categorical pretreatment standards, or in the case of a
new source following commencement of the introduction of wastewater
into the POTW, any industrial user subject to such pretreatment
standards and requirements shall submit to the Batesville Utilities
Commission a report containing the information described in Section
6 . 1 (B) (4-6 ) . For industrial users subject to equivalent mass or
concentration limits established in accordance with the procedures in
40 CFR 403 . 6 (c) , this report shall contain a reasonable measure of the
industrial user's long term production rate. For all other industrial
users subject to categorical pretreatment standards expressed in terms
of allowable pollutant discharge per unit of production (or other
measure of operation) , this report shall include the industrial user's
actual production during the appropriate sampling period. All
compliance reports must be signed and certified in accordance with
Section 4 . 7 .
6 .4 Periodic Compliance Reports
A. Any significant industrial user subject to any pretreatment
standard shall, at a frequency determined by the Manager but
in no case less than twice per year (in June and December) ,
submit a report indicating the nature and concentration of
pollutants in the discharge which are limited by such
pretreatment standards and the measured or estimated average
and maximum daily flows for the reporting period. All
periodic compliance reports must be signed and certified in
accordance with Section 4 . 7 . However, where the POTW itself
collects all the information required for the report, the
Noncategorical Significant Industrial User will not be
required to submit the report.
Page 26
B. All wastewater samples must be representative of the
• industrial user's discharge. Wastewater monitoring and flow
measurement facilities shall be properly operated, kept
clean, and maintained in good working order at all times .
The failure of an industrial user to keep its monitoring
facility in good working order shall not be grounds for the
industrial user to claim that sample results are
unrepresentative of its discharge.
C. If an industrial user subject to the reporting requirement
in and of this Section monitors any pollutant more
frequently than required by the POTW, using the procedures
prescribed in Section 6 . 11 of this ordinance the results of
this monitoring shall be included in the report.
6 .5 Report of Changed Conditions
Each industrial user is required to notify the Manager of any
planned significant changes to the industrial user's operations or
system which might alter the nature, quality or volume of its
wastewater at least thirty (30 ) days before the change.
A. The Manager may require the industrial user to submit such
information as may be deemed necessary to evaluate the
changed condition, including the submission of a wastewater
discharge permit application under Section 4 . 6 .
B. The Manager may issue a wastewater discharge permit under
section 4 . 8 or modify an existing wastewater discharge
permit under Section 5 .4 .
C. No industrial user shall implement the planned changed
conditions until and unless the Manager has responded to the
industrial user's notice.
D. For purposes of this requirement, flow increases of ten
percent ( 10%) or greater and the discharge of any previously
unreported pollutants, shall be deemed significant.
6 . 6 Reports of Potential Problems
A. In the case of any discharge including, but not limited to,
accidental discharges, discharges of a non-routine, episodic
nature, a non-customary batch discharge, or a slug load
which may cause potential problems for the POTW (including a
violation of the prohibited discharge standards in Section
2 . 1 of this ordinance) , it is the responsibility of the
industrial user to immediately telephone and notify
Batesville Utilities Commission of the incident. This
notification shall include the location of discharge, type
of waste, concentration and volume, if known, and corrective
CO actions taken by the industrial user.
Page 27
B. Within five (5 ) days following such discharge, the
• industrial user shall, unless waived by the Manager, submit
a detailed written report describing the cause(s) of the
discharge and the measures to be taken by the industrial
user to prevent similar future occurrences. Such
notification shall not relieve the industrial user of any
expense, loss, damage, or other liability which may be
incurred as a result of damage to the POTW, natural
resources, or any other damage to person or property, nor
shall such notification relieve the industrial user of any
fines, civil penalties, or other liability which may be
imposed by this ordinance.
C. Failure to notify Batesville Utilities Commission of
potential problem discharges shall be deemed a separate
violation of this ordinance.
D. A notice shall be permanently posted on the industrial
user's bulletin board or other prominent place advising
employees whom to call in the event of a discharge described
in paragraph A, above. Employers shall ensure that all
employees, who may cause or suffer to cause such a discharge
to occur, are advised of the emergency notification
procedure.
6 . 7 Reports from Nonsignificant Industrial Users
All industrial users not subject to categorical pretreatment
standards and not required to obtain a wastewater discharge permit
shall provide reports to Batesville Utilities Commission in the time
and manner the Manager or his designee requests .
6 . 8 Notice of Violation-Repeat Sampling and Reporting
If sampling performed by an industrial user indicates a
violation, the industrial user must notify the Manager within 24 hours
of becoming aware of the violation. The industrial user shall also
repeat the sampling and analysis and submit the results of the repeat
analysis to the Manager within 30 days after becoming aware of the
violation. The industrial user is not required to resample if the POTW
performs monitoring at the industrial user's at least once a month, or
if the POTW performs sampling between the industrial user's initial
sampling and when the industrial user receives the results of this
sampling.
Page 28
6 . 9 Notification of the Discharge of Hazardous Waste
A. Any industrial user who commences the discharge of hazardous
waste shall notify the POTW, the EPA Regional Waste
Management Division Director, and State hazardous waste
authorities in writing of any discharge into the POTW of any
substance which, if otherwise disposed of, would be a
hazardous waste under 40 CFR Part 261 . Such notification
must include the name of the hazardous waste as set forth in
40 CFR Part 261, the EPA hazardous waste number, and the
type of discharge (continuous, batch, or other) . If the
industrial user discharges more than 100 kilograms of such
waste per calendar month to the POTW, the notification shall
also contain the following information to the extent such
information is known and readily available to the industrial
user: an identification of the hazardous constituents
contained in the wastes, an estimation of the mass and
concentration of such constituents in the wastestream
discharged during that calendar month, and an estimation of
the mass of constituents in the wastestream expected to be
discharged during the following twelve ( 12 ) months. All
notifications must take place no later than 180 days after
the discharge commences . Any notification under this
paragraph need be submitted only once for each hazardous
waste discharged. However, notifications of changed
discharges must be submitted under Section 6 .5, above. The
• notification requirement in this section does not apply to
pollutants already reported under the self-monitoring
requirements of Sections 6 . 1 , 6 . 3 , and 6 .4 , above.
B. Dischargers are exempt from the requirements of paragraph
A of this section during a calendar month in which they
discharge no more than fifteen ( 15 ) kilograms of hazardous
wastes, unless the wastes are acute hazardous wastes as
specified in 40 CFR 261 . 30 (d) and 261 . 33 (e) . Discharge of
more than fifteen ( 15 ) kilograms of non-acute hazardous
wastes in a calendar month, or of any quantity of acute
hazardous wastes as specified in 40 CFR 261 . 30 (d) and
261 . 33 (e) , requires a one-time notification.
Subsequent months during which the industrial user
discharges more than such quantities of any hazardous waste
do not require additional notification.
C. In the case of any new regulations under Section 3001 of
RCRA identifying additional characteristics of hazardous
waste or listing any additional substance as a hazardous
waste, the industrial user must notify the POTW, the EPA
Regional Waste Management Waste Division Director, and State
hazardous waste authorities of the discharge of such
substance within 90 days of the effective date of such
regulation.
0
Page 29
D. In the case of any notification made under this section, the
industrial user shall certify that it has a program in place
to reduce the volume and toxicity of hazardous wastes
generated to the degree it has determined to be economically
practical.
6 . 10 Analytical Requirements
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or
report shall be performed in accordance with the techniques prescribed
in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question,
sampling and analyses must be performed in accordance with procedures
approved by the EPA.
6 . 11 Sample Collection
A. Except as indicated in Section B, below, the industrial user
must collect wastewater samples using flow proportional
composite collection techniques. In the event flow
proportional sampling is infeasible, the Manager may
authorize the use of time proportional sampling or through a
minimum of four (4 ) grab samples where the user demonstrates
that this will provide a representative sample of the
effluent being discharged. In addition, grab samples may be
required to show compliance with instantaneous discharge
limits.
B. Samples for oil and grease, temperature, pH, cyanide,
phenols, toxicity, sulfides, and volatile organic chemicals
must be obtained using grab collection techniques.
6 . 12 Determination of Noncompliance
The Manager may use a grab sample(s) to determine noncompliance
with pretreatment standards .
6 . 13 Timing
Written reports will be deemed to have been submitted on the
date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the U.S . Postal Service, the date of
receipt of the report shall govern.
6 . 14 Record Keeping
Industrial users shall retain, and make available for inspection
and copying, all records and information required to be retained under
this ordinance. These records shall remain available for a period of
at least three ( 3 ) years . This period shall be automatically extended
for the duration of any litigation concerning compliance with this
ordinance, or where the industrial user has been specifically notified
of a longer retention period by the Manager.
Page 30
( SECTION 7 - COMPLIANCE MONITORING
7 . 1 Inspection and Sampling
Batesville Utilities Commission shall have the right to enter
the facilities of any industrial user to ascertain whether the purpose
of this ordinance, and any permit or order issued hereunder, is being
met and whether the industrial user is complying with all requirements
thereof . Industrial users shall allow the Manager or his
representatives ready access to all parts of the premises for the
purposes of inspection, sampling, records examination and copying, and
the performance of any additional duties.
A. Where an industrial user has security measures in force
which required proper identification and clearance before
entry into its premises, the industrial user shall make
necessary arrangements with its security guards so that,
upon presentation of suitable identification, personnel from
Batesville Utilities Commission, State, and EPA will be
permitted to enter without delay, for the purposes of
performing their specific responsibilities .
B. Batesville Utilities Commission, State, and EPA shall have
the right to set up on the industrial user's property, or
require installation of, such devices as are necessary to
conduct sampling or metering of the user's operations .
• C. Batesville Utilities Commission may require the industrial
user to install monitoring equipment as necessary. The
facility's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating
condition by the industrial user at its own expense. All
devices used to measure wastewater flow and quality shall be
calibrated [periodically] to ensure their accuracy.
D. Any temporary or permanent obstruction to safe and easy
access to the industrial facility to be inspected or sampled
shall be promptly removed by the industrial user at the
written or verbal request of the Manager and shall not be
replaced. The costs of clearing such access shall be borne
by the industrial user.
E. Unreasonable delays in allowing City personnel access to the
industrial user's premises shall be a violation of this
ordinance.
Page 31
7.2 Search Warrants
If the Manager has been refused access to a building, structure
or property or any part thereof, or if the Manager has demonstrated
probable cause to believe that there is a violation of this ordinance
or that there is a need to inspect as part of a routine inspection
program of Batesville Utilities Commission designed to verify
compliance with this ordinance or any permit or order issued hereunder,
or to protect the overall public health, safety and welfare of the
community, then upon application by the manager upon proper cause
shown, the Municipal Court of The City of Batesville shall issue a
search or seizure warrant describing therein the specific location
subject to the warrant. The warrant shall specify what, if anything,
may be searched or seized on the property described. Such warrant
shall be served at reasonable hours by the Manager in the company of a
uniformed police officer of The City of Batesville. In the event of an
emergency affecting public health and safety, inspections shall be made
without the issuance of a warrant.
SECTION 8 - CONFIDENTIAL INFORMATION
Information and data on an industrial user obtained from
reports, surveys, wastewater discharge permit applications, wastewater
discharge permits, and monitoring programs, and from Batesville
Utilities Commission inspection and sampling activities, shall be
available to the public without restriction, unless the industrial user
specifically requests, and is able to demonstrate that the release of
such information would divulge information, processes or methods of
production entitled to protection as trade secrets under applicable
law. When requested and demonstrated by the industrial user furnishing
a report that such information should be held confidential, the
portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the public, but
shall be made available immediately upon request to governmental
agencies for uses related to the NPDES program or pretreatment program,
and in enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics and other
"effluent data" as defined by 40 CFR 2 . 302 will not be recognized as
confidential information and will be available to the public without
restriction.
SECTION 9 - PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT
NONCOMPLIANCE
Batesville Utilities Commission shall publish annually, in the
largest daily newspaper published in the municipality where the POTW is
located, a list of the industrial users which, during the previous 12
months, were in significant noncompliance with applicable pretreatment
standards and requirements. The term significant noncompliance shall
( mean:
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A. Chronic violations of wastewater discharge limits, defined
• here as those in which sixty-six percent ( 66%) or more of
wastewater measurements taken during a 6-month period exceed
the daily maximum limit or average limit for the same
pollutant parameter by any amount;
B. Technical Review Criteria (TRC) violations, defined here as
those in which thirty-three percent ( 33%) or more of
wastewater measurements taken for each pollutant parameter
during a 6-month period equals or exceeds the product of the
daily maximum limit or the average limit multiplied by the
applicable criteria 1 .4 for BOD5 , TSS, fats, oils and
grease, and 1 .2 for all other pollutants except pH;
C. Any other discharge violation that Batesville Utilities
Commission believes has caused, alone or in combination with
other discharges, interference or pass through or has
endangered the health of City personnel or the general
public;
D. Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment, or has
resulted in the Batesville Utilities Commission exercise of
its emergency authority to halt or prevent such a discharge;
E. Failure to meet, within ( 90 ) days of the scheduled date, a
• compliance schedule milestone contained in a wastewater
discharge permit or enforcement order for starting
construction, completing construction, or attaining final
compliance;
F. Failure to provide within ( 30 ) days after the due date, any
required reports, including baseline monitoring reports, 90
day compliance reports, periodic self-monitoring reports,
and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance;
H. Any other violation( s) which Batesville Utilities Commission
determines will adversely affect the operation or
implementation of the local pretreatment program.
•
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SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES
10 . 1 Notification of Violation
Whenever the Manager finds that any user has violated or is
violating this ordinance, a wastewater discharge permit or order issued
hereunder, or any other pretreatment requirement, the Manager or his
agent may serve upon said user a written Notice of Violation. Within
twenty (20) calendar days of the written receipt of this notice, a
written explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required
actions, shall be submitted by the user to the Manager. Submission of
this plan in no way relieves the user of liability for any violations
occurring before or after receipt of the Notice of Violation. Nothing
in this section shall limit the authority of Batesville Utilities
Commission to take any action, including emergency actions or any other
enforcement action, without first issuing a Notice of Violation.
When the twenty (20) day period, referred to above, falls on a
weekend or National Holiday, then the written response shall be due
upon the next following business day.
10 .2 Consent Orders
The Manager is hereby empowered to enter into Consent Orders,
assurances of voluntary compliance, or other similar documents
establishing an agreement with any user who is or has been in
noncompliance. Such orders will include specific action to be taken by
the user to correct the noncompliance within a time period to be
specified by the order. Consent Orders shall have the same force and
effect as the administrative orders issued pursuant to Sections 10 . 3
and 10 .4 below and shall be judicially enforceable.
10 . 3 Compliance Orders
After the expiration of the time for submission by the user to
the Manager of a written explanation of the violation and the written
plan for the satisfactory correction and prevention thereof, if the
Manager then finds that the user continues to violate this ordinance, a
wastewater discharge permit, or order issued thereunder, or any
pretreatment requirement, he may issue an order to the user responsible
for the discharge directing that the user come into compliance. If the
user does not come into compliance within the time specified in the
Managers compliance order, sewer service may be discontinued unless
adequate treatment facilities, devices, or other related appurtenances
are installed and properly operated. Compliance orders may also
contain other requirements to address the noncompliance, including
additional self-monitoring, and management practices designed to
minimize the amount of pollutants discharged to the sewer. A
compliance order may not extend the deadline for compliance established
for a Federal pretreatment standard or requirement, nor does a
compliance order release the user of liability for any violation,
C including any continuing violation. Issuance of a compliance order
shall not be a prerequisite to taking any other action against the
user.
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10 .4 Cease and Desist Orders
When the Manager finds that a user is violating this ordinance,
the user's wastewater discharge permit, any order issued hereunder, or
any other pretreatment standard or requirement, or that the user's past
violations are likely to recur, the Manager may issue an order to the
user directing it to cease and desist all such violations and directing
the user to:
A. Immediately comply with all requirements .
B. Take such appropriate remedial or preventive action as may
be needed to properly address a continuing or threatened
violation, including halting operations or terminating the
discharge.
Issuance of a cease and desist order shall not be a prerequisite
to taking any other action against the user.
10 .5 Show Cause Hearings on Proposed Administrative Action
A. The Manager may order any user which violates this
ordinance, any wastewater discharge permit, any order issued
hereunder, or any other pretreatment standard or
requirement; causes or contributes to a violation of this
ordinance, wastewater discharge permits, or orders issued
• hereunder, or any other pretreatment standard or
requirement, to appear before the Batesville Utilities
Commission to show cause why a proposed administrative
enforcement action should not be taken. Notice shall be
served on the user specifying the time and place for the
show cause hearing, the proposed enforcement action, the
reasons for such action, and a request that the user show
cause why this proposed enforcement action should not be
taken. The notice of the hearing shall be served at least
ten ( 10) working days prior to the hearing. Such notice may
be served in any method or manner permitted under Arkansas
Law, or Arkansas Rules of Civil Procedure. Service of
notice shall be sufficient when served by certified mail,
return receipt requested, and delivered to the addressee
only, at the address of the user shown on any wastewater
discharge permit issued it by the Batesville Utilities
Commission. Whether or not the user appears as ordered,
immediate enforcement action may be pursued following the
hearing date. A show cause hearing shall not be a
prerequisite for taking any other action against the user.
B. Any user who objects to any proposed administrative
enforcement action may request a hearing to show cause to
the Batesville Utility Commission why such enforcement
action should not be taken.
•
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10 . 6 Emergency Suspensions
The Batesville Utilities Commission may immediately suspend a
user's discharge (after verbal notice to the user) whenever such
suspension is necessary in order to stop an actual or threatened
discharge which reasonably appears to present or cause an imminent or
substantial endangerment to the health or welfare of persons. The
Batesville Utilities Commission may also immediately suspend a user's
discharge after verbal notice that threatens to interfere with the
operation of the POTW, or which presents or may present an endangerment
to the environment.
A. Any user notified of a suspension of its discharge shall
immediately stop or eliminate its contribution. In the
event of a user's failure to immediately comply voluntarily
with the suspension order, the Batesville Utilities
Commission shall take such steps as deemed necessary,
including immediate severance of the sewer connection, to
prevent or minimize damage to the POTW, its receiving
stream, or endangerment to any individuals. The Batesville
Utilities Commission shall allow the user to recommence its
discharge when the user has demonstrated to the satisfaction
of Batesville Utilities Commission that the period of
endangerment has passed, unless the termination proceedings
set forth in Section 10 . 8 are initiated against the user.
B. A user that is responsible, in whole or in part, for any
• discharge presenting imminent endangerment shall submit a
detailed written statement describing the causes of the
harmful contribution and the measures taken to prevent any
future occurrence to the Batesville Utilities Commission,
prior to the date of any show cause or termination hearing
under Sections 10.5 and 10 . 8 .
Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
10 .7 Termination of Discharge
In addition to those provisions in Section 5 . 6 of this
ordinance, any user that violates the following conditions of this
ordinance, wastewater discharge permits, or orders issued hereunder, is
subject to discharge termination:
A. Violation of wastewater discharge permit conditions .
B. Failure to accurately report the wastewater constituents and
characteristics of its discharge.
C. Failure to report significant changes in operations or
wastewater volume, constituents and characteristics prior to
discharge.
CW
D. Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring or sampling.
E. Violation of the pretreatment standards in Section 2 of this
ordinance.
Page 36
Such user will be notified of the proposed termination of its
discharge and be offered an opportunity to show cause under Section 10 .
of this ordinance why the proposed action should not be taken.
SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES
11 . 1 Injunctive Relief
Whenever a user has violated a pretreatment standard or
requirement or continues to violate the provisions of this ordinance,
wastewater discharge permits or orders issued hereunder, or any other
pretreatment requirement, the Batesville Utilities Commission may
petition a Court of competent jurisdiction for the issuance of a
temporary or permanent injunction, as appropriate, which restrains or
compels the specific performance of the wastewater discharge permit,
order, or other requirement imposed by this ordinance on activities of
the user. Such other action as appropriate for legal or equitable
relief may also be sought by Batesville Utilities Commission. A
petition for injunctive relief need not be filed as a prerequisite to
taking any other action against a user.
11 . 2 Civil Penalties
A. Any user which has violated or continues to violate this
ordinance, any order or wastewater discharge permit
• hereunder, or any other pretreatment standard or requirement
shall be liable to the Batesville Utilities Commission for a
maximum civil penalty of One Thousand Dollars ( $1000 . 00) per
violation per day.
B. Such civil penalties shall be recoverable in a court of
competent jurisdiction, but such civil proceeding may be
initiated only after a majority vote of the Batesville City
Council resolving to pursue the civil penalty.
C. The Batesville Utilities Commission may recover reasonable
attorney's fees, court cost, and other expenses associated
with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages
incurred by Batesville Utilities Commission.
D. In determining the amount of civil liability, the Court
shall take into account all relevant circumstances,
including, but not limited to, the extent of harm caused by
the violation, the magnitude and duration, any economic
benefit gained through the user's violation, corrective
actions by the user, the compliance history of the user, and
any other factor as justice requires.
E. Filing a suit for civil penalties shall not be a
prerequisite for taking any other action against a user.
•
` Page 37
11.3 Criminal Prosecution
A. Any user who violates any provision of this ordinance, any
orders or wastewater discharge permits issued hereunder, or
any other pretreatment requirement, shall be guilty of a
misdemeanor punishable by a fine not to exceed One Thousand
Dollars ( $1000 .00) per violation per day.
B. No criminal prosecution shall be initiated except upon a
vote of a majority of the City Council of Batesville,
Arkansas resolving to pursue such criminal action.
C. The penalties stated above shall be in addition to any other
cause of action for personal injury or property damage
available under state law, and shall be in addition to civil
penalties which may be assessed under Section 11 .2 above.
D. Any user knowingly making any false statement,
representation, or certification in any application, record,
plan, or other documentation filed, or required to be
maintained, pursuant to this ordinance, any Wastewater
Discharge Permit, or order, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or
method required under this ordinance, shall be guilty of a
misdemeanor, and may be punished by a fine of not more than
One Thousand Dollars ($1000 . 00 ) per violation per day.
E. No criminal prosecution under the foregoing subparagraph may
be initiated except upon a majority vote of the Batesville
City Council resolving to pursue such criminal prosecution.
11 .4 Remedies Nonexclusive
The provisions in Sections 9-12 are not exclusive remedies .
Batesville Utilities Commission reserves the right to take any, all, or
any combination of these actions against a noncompliant user.
Enforcement of pretreatment violations will generally be in accordance
with The Batesville Utilities Commission enforcement response plan.
However, Batesville Utilities Commission reserves the right to take
other action against any user when the circumstances warrant.
Furthermore, the Batesville Utilities Commission is empowered to take
more than one enforcement action against any noncompliant user. These
actions may be taken concurrently.
SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTION
12 . 1 Performance Bonds
The Batesville Utilities Commission may decline to reissue a
wastewater discharge permit to any user which has failed to comply with
the provisions of this ordinance, any orders, or a previous wastewater
discharge permit issued hereunder, unless such user first files a bond,
payable to Batesville Utilities Commission, in a sum not to exceed a
value determined by the Batesville Utilities Commission to be necessary
to achieve consistent compliance.
Page 38
12 .2 Liability Insurance
The Batesville Utilities Commission may decline to reissue a
wastewater discharge permit to any user which has failed to comply with
the provisions of this ordinance, any order, or a previous wastewater
discharge permit issued hereunder, unless the user first provides
financial assurances sufficient to restore or repair damage to the POTW
caused by its discharge.
12 . 3 Water Supply Severance
Whenever a user has violated or continues to violate the
provisions of this ordinance, orders, or wastewater discharge permits
issued hereunder, water service to the user may be severed. Service
will only recommence, at the user's expense, after it has
satisfactorily demonstrated its ability to comply.
12 .4 Public Nuisances
Any violation of this ordinance, wastewater discharge permits,
or orders issued hereunder, is hereby declared a public nuisance and
shall be corrected or abated as directed by the Batesville Utilities
Commission. Any person(s) creating a public nuisance shall be required
to reimburse Batesville Utilities Commission for any costs incurred in
removing, abating or remedying said nuisance.
SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION
13 . 1 Upset
A. For the purposes of this section, "upset" means an
exceptional incident in which there is unintentional and
temporary noncompliance with categorical pretreatment
standards because of factors beyond the reasonable control
of the industrial user. An upset does not include
noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or
careless or improper operation.
B. An upset shall constitute an affirmative defense to an
action brought for noncompliance with categorical
pretreatment standards if the requirements of paragraph C
are met.
C. An industrial user who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed,
contemporaneous operating logs, or other relevant evidence
that:
( 1 ) An upset occurred and the industrial user can identify
• the cause(s) of the upset;
(2 ) The facility was at the time being operated in a
prudent and workmanlike manner and in compliance with
applicable operation and maintenance procedures;
Page 39
( 3) The industrial user has submitted the following
• information to the POTW and treatment plant operator
within twenty four (24 ) hours of becoming aware of the
upset [if this information is provided orally, a
written submission must be provided within five (5 )
days] :
(i) A description of the indirect discharge and cause
of noncompliance.
(ii) The period of noncompliance, including exact dates
and times or, if not corrected, the anticipated
time the noncompliance is expected to continue.
(iii) Steps being taken and planned to reduce, eliminate
and prevent recurrence of the noncompliance.
D. In any enforcement proceeding, the industrial user seeking
to establish the occurrence of an upset shall have the
burden of proof .
E. Industrial users will have the opportunity for a judicial
determination on any claim of upset only in an enforcement
action brought for noncompliance with categorical
pretreatment standards.
• F. The industrial user shall control production or all
discharges to the extent necessary to maintain compliance
with categorical pretreatment standards upon reduction,
loss, or failure of its treatment facility until the
facility is restored or an alternative method of treatment
is provided. This requirement applies in the situation
where, among other things, the primary source of power of
the treatment facility is reduced, lost or fails.
13 . 2 General And Specific Prohibitions
An industrial user shall have an affirmative defense to an
enforcement action brought against it for noncompliance with the
general and specific prohibitions in Section 2 . 1 of this ordinance if
it can prove that it did not know or have reason to know that its
discharge, along or in conjunction with discharges from other sources,
would cause pass through or interference and that either:
(a) a local limit exists for each pollutant discharged and the
industrial user was in compliance with each limit directly
prior to, and during, the pass through or interference, or
(b) no local limit exists, but the discharge did not change
substantially in nature or constituents from the user's
prior discharge when Batesville Utilities commission was
regularly in compliance with its NPDES permit, and in the
® case of interference, was in compliance with applicable
sludge use or disposal requirements.
4 ,
Page 40
13 . 3 Bypass
A. ( 1) "Bypass" means the intentional diversion of wastestreams
from any portion of an industrial user's treatment
facility.
(2 ) "Severe property damage" means substantial physical
damage to property, damage to the treatment facilities
which causes them to become inoperable, or substantial
and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic
loss caused by delays in production.
B. An industrial user may allow any bypass to occur which does
not cause pretreatment standards or requirements to be
violated, but only if it also is for essential maintenance
or to assure efficient operation. These bypasses are not
subject to the provision of paragraphs C and D of this
section.
C. ( 1) If an industrial user knows in advance of the need for
a bypass, it shall submit prior notice to the POTW, at
least ten ( 10) days before the date of the bypass if
possible.
• (2 ) An industrial user shall submit oral notice of an
unanticipated bypass that exceeds applicable
pretreatment standards to the POTW within twenty-four
(24 ) hours from the time it becomes aware of the
bypass. A written submission shall also be provided
within five (5 ) days of the time the industrial user
becomes aware of the bypass. The written submission
shall contain a description of the bypass and its
cause; the duration of the bypass, including exact
dates and times, and if the bypass has not been
corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the bypass. The
POTW may waive the written report on a case-by-case
basis if the oral report has been received within
twenty-four (24 ) hours .
D. ( 1 ) Bypass is prohibited, and the POTW may take enforcement
action against an industrial user for a bypass, unless;
(i) Bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage;
Page 41
There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities,
e retention of untreated wastes, or maintenance
during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up
equipment should have been installed in the
exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal
periods of equipment downtime or preventive
maintenance; and
(iii) The industrial user submitted notices as required
under paragraph C of this section.
(2 ) The POTW may approve an anticipated bypass, after
considering its adverse effects, if the POTW determines
that it will meet the three conditions listed in
paragraph D ( 1 ) of this section.
SECTION 14 - SURCHARGE COSTS
14 . 1 Qualifications
The Batesville Utilities Commission shall charge Industrial
Users a surcharge in addition to the normal metered charge for sewer
service who discharge wastewater to the Batesville POTW containing:
( 1) Unusual BODS (five-day biochemical oxygen demand in excess
of 270 mg/1) ; or
(2 ) Unusual Suspended Solids (total suspended solids in excess
of 270 mg/1) .
Sewer surcharges shall be based on the following formula:
S = VWW X 8 . 34 [CBOD (BOD5 - 270 ) ] + [CSS (TSS - 270 ) ]
Where:
S = Surcharge in dollars for the month
VWW = Volume of wastewater discharged during the month, in
millions of gallons
8 . 34 = Pounds per gallon of water
CBOD = Unit charge for unusual BODS in dollars per pound
BOD = Monthly average five-day BODS of IU's wastewater, in mg/l
270 = Concentrations in mg/l above which both BODS and TSS are
considered unusual
• CSS = Unit charge for unusual suspended solids, in dollars per
pound
TSS = Monthly average total suspended solids of IU's
wastewater, in mg/l
f 1W
Page 42
14 .2 Formula
That from the date of passage of this ordinance to December 31,
1992 , the average cost per pound for treatment of suspended solids
( "TSS" ) shall be $0 . 0237 per pound; and the average cost per pound for
treatment of concentrations having biochemical oxygen demand ( "BOD" )
shall be $0 . 1061 per pound. On and after December 31, 1992, and
annually thereafter, the values for factors CSS and CBOD shall be
determined as follows:
CSS = Suspended Solids = 10% (total 0 & M costs)
Cost Per Pound total pounds of S .S. treated in preceding FY
CBOD = BODS Cost = 60% (total 0 & M costs )
Per Pound total pounds of BODS treated in preceding FY
SECTION 15 - MISCELLANEOUS PROVISIONS
15 . 1 Charges and Fees
Batesville Utilities Commission may adopt reasonable
administrative charges and fees for reimbursement of costs of setting
up and operating the Batesville Utilities Commission Pretreatment
Program which may include:
A. Fees for wastewater discharge permit applications including
the cost of processing such applications.
B. Fees for monitoring, inspection, and surveillance procedures
including the cost of collection and analyzing an industrial
user's discharge, and reviewing monitoring reports submitted
by industrial users .
C. Fees for reviewing and responding to accidental discharge
procedures and construction.
D. Fees for filing appeals .
E. Other fees as the Batesville Utilities Commission may deem
necessary to carry out the requirements contained herein.
These fees relate solely to the matters covered by this
ordinance and are separate from all other fees, fines and
penalties chargeable by Batesville Utilities Commission.
15 .2 Severability
If any provision of this ordinance is invalidated by any court
of competent jurisdiction, the remaining provisions shall not be
effected and shall continue in full force and effect.
15 . 3 Conflicts
Ordinance No. 997 , and all other ordinances and parts of other
ordinances inconsistent or conflicting with any part of this ordinance,
are hereby repealed to the extent of the inconsistency or conflict.
Page 43
SECTION 16 - EFFECTIVE DATE
This ordinance shall be in full force and effect immediately
following its passage, approval and publication, as provided by law.
INTRODUCED the 12th day of January , 1993 .
FIRST READING: 12th day of January , 1993 .
SECOND READING: 12th day of January , 1993 .
PASSED this 12th day of January , 1993 .
AYES: 8
NAYS: 0
ABSENT: 0
NOT VOTING: 0
APPROVED by me this 12th day of January , 1993 .
Mayor
ATTEST: '' � � 3--
City Clerk
PUBLISHED: Batesville Guard
Publication Date
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