HomeMy WebLinkAbout997I C r
ORDINANCE N0. l )f
AN ORDINANCE TO ESTABLISH STANDARDS FOR PROTEC-
TION OF THE ENVIRONMENT BY REGULATION OF
PERMITTED DISCHARGES INTO THE PUBLICLY OWNED
TREATMENT WORKS.
WHEREAS, it is encumbent upon the City of Batesville,
Arkansas to comply with the Federal Water Pollution Control Act,
33 U.S.C. 1251 et seq, and the General Pretreatment Regulations
prescribed by the United States of America, 40 C.F.R., Part 403.
It is therefore hereby ordained as follows:
SECTION I - GENERAL PROVISIONS
1.1 Purpose and Policy. This ordinance sets forth
uniform requirements for direct and indirect contributors into
the wastewater collection and treatment system for the City of
Batesville, Arkansas and enables the City of Batesville, Arkansas
;Ito comply with all applicable state and federal laws required by
!the Clean Water Act of 1977 and the General Pretreatment Regula-
tions (40 C.F.R, Part 403), as may be from time to time modified
i1
!1b,y appropriate authority.
This ordinance shall be liberally construed to effectuatf
the following purposes:
(a) To prevent the introduction of pollu-
tants into the municipality wastewater system
which will interfere with the operation of the
system or contaminate the resulting sludge;
(b) To prevent the introduction of pollu-
tants into the municipal wastewater system
which will pass through the system, inadequately
treated, into receiving waters (more specifically
White River) or the atmosphere, or otherwise be
incompatible with the system;
(c) To improve the opportunity to recycle
and reclaim wastewaters and sludges from the
system; and
(d) To provide for equitable distribu-
tion of the cost of the municipal wastewater
system.
This ordinance provides for the regulation of direct
and indirect contributors to the municipal wastewater system
through monitoring and enforcement activities, requires user
reporting, assumes that existing customer's capacity will not be
preempted, and provides for the setting of fees for the equitable
distribution of costs resulting from the program established here n.
This ordinance shall apply to the City of Batesville,
Arkansas and to persons outside the City of Batesville, Arkansas
i
who are, by contract or agreement with the City of Batesville,
Arkansas, users of the Batesville publicly owned treatment works.
This ordinance supplements existing ordinances. Except as other-
wise provided herein, the Manager of the Batesville Sewer and
Waterworks shall administer, implement and enforce the provisions
of this ordinance.
1.2 Definitions. Unless the context specifically
indicates otherwise, the following terms and phrases, as used in
this ordinance,shall have the meanings hereinafter designated:
(1) 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. seq.
(2) Approval Authority. The Administrator of the EPA.
(3) Authorized Representative of Industrial User. An
authorized representative of an Industrial User
may be: (a) A principal executive officer of at
least the level of vice-president, if the Industri
User is a corporation; (b) A general partner or
proprietor if the industrial user is a partnership
or proprietorship respectively; (c) A duly
authorized representative of the individual designa ed
above if such representative is responsible for
the overall operation of the facilities from which
the indirect discharge originates.
- 2 -
(4) Biochemical Oxygen Demand (BOD). The quantity of
oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedure
in five (5) days at 200 centigrade expressed in
milligrams per liter. The laboratory determination
shall be made in accordance with the procedure set
forth in Standard Methods. The words "Standard
Methods" shall mean the examination and analytical
procedure set forth in the latest edition,at the
time of analysis, of "Standard Methods for the
Examination of Water and Wastewater" as prepared,
approved, and published jointly by the American
Public Health Association, the American Waterworks
Association, and the Water Pollution Control
Federation.
(5) Building Sewer. A sewer conveying wastewater from
the premises of a User to the POTW.
(6) Categorical Standards. National Categorical Pre-
treatment Standards or Pretreatment Standard.
(7) City. The City of Batesville, or the Batesville
City Council, or the Batesville Utilities Commissio
as may be appropriate under Arkansas Statute.
(8) Cooling Water. The water discharged from any use
such as air conditioning, cooling or refrigeration,
or to which the only pollutant added is heat.
(9) Control Authority. The term "control authority"
shall refer to the "Approval Authority" defined
hereinabove; or the Manager of the Sewer Department
if the City has an approved Pretreatment Program
under the provisions of 40 CFR, 403.11.
(10) Direct Discharge. The discharge of treated or un-
treated wastewater directed to the waters of the
State of Arkansas or the United States of America.
(11) Environmental Protection Agency, or EPA. The U.S.
Environmental Protection Agency, or where approp-
- 3 -
. ,
riate, the term may also be used as a designation
for the administrator or duly authorized official
of said agency.
(12) Grab Sample. A sample which is taken from a waste
stream on a one-time basis with no regard to the
flow in the waste stream and without consideration
of time.
(13) Holding Tank Waste. Any waste from holding tanks
such as vessels, chemical toilets, campers, trailer
septic tanks, and vacuum -pump tank trucks.
(14) Indirect Discharge. The discharge or the intro-
duction of non-domestic pollutants from any source
regulated under section 307(b) or (c) of the Act,
(33 U.S.C. 1317), into the POTW (including holding
only, is defined as a source of indirect discharge
which does riot constitute a "discharge of pollutant
under regulations issued pursuant to section 402
of the Act. (33 U.S.C. 1342). The definition of
Industrial User given for the purposes of this
ordinance is not intended to change or modify the
meaning of the term "Industrial User" as used in
other ordinances of the City of Batesville.
(16) Manager. The person designated by the City 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 article, or the duly appointed and
authorized representative of such person.
(17) Interference. The inhibition or disruption of the
POTW treatment process or operations which con-
tributes to a violation of any .requirement of the
City's NPDES Permit. The term includes prevention
of sewage sludge use or disposal by the POTW in
accordance with 405 of the Act, (33 U.S.C. 1345)
- 4 -
i 5
tank waste
discharged
into
the system).
(15)
Industrial
User. For
the
purpose of this ordinance
only, is defined as a source of indirect discharge
which does riot constitute a "discharge of pollutant
under regulations issued pursuant to section 402
of the Act. (33 U.S.C. 1342). The definition of
Industrial User given for the purposes of this
ordinance is not intended to change or modify the
meaning of the term "Industrial User" as used in
other ordinances of the City of Batesville.
(16) Manager. The person designated by the City 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 article, or the duly appointed and
authorized representative of such person.
(17) Interference. The inhibition or disruption of the
POTW treatment process or operations which con-
tributes to a violation of any .requirement of the
City's NPDES Permit. The term includes prevention
of sewage sludge use or disposal by the POTW in
accordance with 405 of the Act, (33 U.S.C. 1345)
- 4 -
i 5
ANW .w
or any criteria, guidelines, or regulations
developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act, the Toxic Substances
Control Act, or more stringent state criteria
(including those contained in any state sludge
management plan prepared pursuant to Title IV of
the SWDA) applicable to the method of disposal or
use employed by the POTW.
(18) National Categorical Pretreatment Standard or Pre-
treatment Standard. Any regulation containing
pollutant discharge limits promulgated by the EPA
in accordance with Section 307(b) and (c) of the
Act (33 U.S.C. 1347) which applies to a specific
category of Industrial Users.
(19) National Prohibitive Discharge Standard or Prohibi-
tive Discharge Standard. Any regulation developed
under the authority of 307(b) of the Act and 40
CFR, Section 403.5.
(20) New Source. Any source, the construction of which
is commenced after the publication of proposed
regulations pre;;cribing a 307(c) 1317)
Categorical Pretreatment Standard which wi_11_ be
applicable to such source, if such standard is thur ,-
after pr. omulgated within 12.0 days of proposal in
the Federal Register. Where the standard is
prorrlulg,.itc�d later than 120 days after proposal,
a riew source means any source, the con.;truction of
which is commenced after the date of prromulgation
of the standard.
(21) Nati_or1a1
Pollut.i_on
Dischar-ge Elimination System
o,° NPDES
Permit.
A perm it,
i slued pursua.rrt to
Section
402 of the
Act (33
U.S.C. 1324).
(22) Persorr. Any irrdiv dual, partnership, co -partner-
ship, firm, company, corporation, association,
joint stock company, trust, estate, governmental
'A"now NOW
entity, or any other legal entity, or their legal
representatives, agents or assigns. The masculine
gender hall i n cluM the feminine; the Ongul_ar
shall include the plural where indicated by the
content.
(23) pH. The logarithm (base l0) of the reciprocal_ of
the concantrat ion of hydrogen ions, expressed ssed in
grams per liter cif solution.
(24) Pollution. The man-made or man -induced alteration
of the chem! caL, physical, b:i.olog_ical, and radio -
Logical integpit.y of water.
(25) Pollutant. Any dredged spoil, solid waste, Lnciner
atop residue, Sewage, garbage, sewage sludge,
munitions, chemical wastes, bioioglca_l materials,
radioactive materials, cleat, wrecked or discharged
equipmunt, rock, sand, cellar dirt and industrial,
municipal, and agricultural waste discharged into
wa.t,er_
(26) Pretreatment or `treatment,. The reduction of the
amount of pollutants, the elimination of pollu-
tants, or the alteration of the nature of pollu-
tant properties in wastewater to a less harmful
state prior to or in l i_eu of discharging or other-
wise introducing such pollutants into a POTW. The
reduction or alteration can be obtained by physical,
chemical or bio- logical processes, or process
changes, or other means, except as prohibited by
40 JKR Section 403.6(d).
(27) Pretreatment Requirements. Any substantive or
procedural requirement related to pretreatment,
other than a National Pretreatment Standard impose
on an Lndustvial, User.
(r8) Publicly Owned Treatment Works (POTW). A treat-
ment works as defined by Section 212 of the Act,
- 6 -
(33 U.S.C. 1292) which is owned in this instance
i
by the City. This definition includes any sewers
i
that convey wastewater to the POTW treatment plant,'
but does not include pipes, sewers, or other
i
conveyances not connected to a facility providing
pretreatment. For the purposes of this ordinance, i
"POTW" shall also include any sewers that convey
wastewaters to the POTW from persons outside the i
i
City who are, by contract or agreement with the
City, users of the City's POTW.
(29) POTW Treatment Plant. That portion of the POTW
designed to provide treatment to wastewater.
(30) Shall is mandatory: May is permissive. !
I
(31) Significant Industrial User. Any industrial I
user of the City's wastewater disposal system
who (i) has a discharge flow of 25,000 gallons
or more per average work day, or (ii) has a flow
greater than five percent (5%) of the flow in
the City's wastewater treatment system, or (iii)
has in his waste toxic pollutants as defined
pursuant to Section 307 of the Act, of Arkansas
Statutes, and Rules, or (iv) is found by the
City, Arkansas Department of Pollution Control i
and Ecology, or the U. S. Environmental
i
Protection Agency (EPA) to have significant
i
impact, either singly or in combination with
other contributing industries, on the wastewater
treatment system, the quality of sludge, the
system's effluent quality, or air emissions
generated by the system.
s
(32) State. State of Arkansas.
i
(33) Standard Industrial Classification (SIC). A
classification pursuant to the Standard Industrial
Classification Manual issued by the Executive
I
Office of the President, Office of Management and
Budget, 1972.
- 7 -
(34) Storm Water. Any flow occurring during or
following any form of natural precipitation
and resulting therefrom.
(35) Suspended Solids. The total suspended matter
that floats on the surface of, or is suspended
in, water, wastewater or other liquids, and
which is removable by laboratory Filtering.
(36) Toxic Pollutant. Any pollutant or combination
of pollutants listed as toxic in regulations I
r
promulgated by the Administratof of the Environ-
mental Protection Agency under the provisions of j
CWA 307(a) or other acts.
I
(37) User_ Any person who contributes, causes, or
permits the contribution of wastewater into the
City's POTW.
(38) Wastewater. The liquid and water -carried
industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities,
4
and institutions, together with such other I
i
i
materials as may be present, whether treated
or untreated, which is contributed into or per- j
r
mitted to enter the POTW.
i
(39) Waters of the State or United States of America.
1.3
All streams, lakes, ponds, marshes, watercourses,{
waterways, wells, springs, reservoirs, aquifers,
i
irrigation systems, drainage systems, rivers, and;
f
all other bodies or accumulations of water,
surface or underground, natural or artificial,
i
public or private, which are contained within,
I
flow through, or border upon the State or the
f
United States of America. r
I
Abbreviations. The following abbreviations shall{
have the designated meanings:
BOD - Biochemical Oxygen Demand.
- 8 -
CFR - Code of rederal Regulations.
COD - Chemical Oxygen Demand.
EPA - Environmental Protection Agency.
1 - Liter.
mg - Milligrams.
i
mg/1 - Milligrams Per Liter.
i
NPDES - National Pollutant Discharge
Elimination System. i
POTW - Publicly Owned Treatment Works.
SIC - Standar°d Industrial Classif cation.
SWDA - Solid Waste Disposal Act, 42 U.S.C.
6901 et seq.
U.S.C. - united States Code.
i
TSS - Total Suspended Solids.
SECTION 2 - REGULATIONS
2.1 General Discharge Prohibitions. No user shall
contribute or cause to be contributed, directly or indirectly,
any pollutant or wastewater which will interfere with the opera-
tion or performance of the POTW. These general prohibitions apply
to all such users of the POTW whether or not the user is subject
to National Categorical Pretreatment Standards or any other
national, state or locatl pretreatment standards or requirements.
A user may not contribute the following substances to any POTW:
(a) Any liquids, solids or gases which by reason of
their nature or quantity are, or may be, sufficient
either alone or by interaction with other sub-
stances to cause fire or explosion or be injurious
in any other way to the POTW or to the operation
of the POTW.
At no time,
shall
two successive
readings on
an explosion
hazard
i
meter, at the
point of discharge into the system (or at any
point in the system) be more than five percent
(5%) nor any single reading over ten percent
i
(10%) of the Lower Explosive Limit (LEL) of the
meter. Prohibited materials include, but are not
- 9 -
limited to, gasoline, kerosene, naphtha,
benzens, toluene, xylene, ethers, alcohols,
ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides
and sulfides and any other substances which
the City, the State or EPA has notified the
User is a fire hazard or a hazard to the
system.
(b) Solid or viscous substances which may cause
obstruction to the flow in a sewer or other
I
interference with the operation of the waste-
water treatment facilities such as, but not !
I
limited to: grease, garbage with particles
i
greater than one-half inch (2") in any dimension,
I
animal guts or tissues, paunch manure, bones,
hair, hides or fleshings, entrails, whole blood,
feathers, ashes, cinders, sand, spent lime, stone
i
or marble dust, metal, glass, stave, shavings,
grass clippings, rags, spent grains, spent hops,
waste paper, wood, plastics, gas, tar, asphalt
residues, residues from refining, or processing
of fuel or lubricating oil, mud, or glass grind-
ing or polishing wastes.
(c) Any wastewater having a pH less than 5.0, unless
the POTW is specifically designed to accomodate
wuch wastewaver, or wastewater having any other
corrosive property capable of causing damage or
hazard to structures, equipment, and/or personnel
of the POTW.
(d) Any wastewater containing toxic pullutants in
s
sufficient quantity, either singly or by inter-
action with other pollutants, to injure or inter-
fere with any wastewater treatment process,
constitute a hazard to humans or animals, create
- 10 -
IVA.
a toxic effect in the receiving waters of the
POTW, or to exceed the limitation set forth in
i
a Categorical Pretreatment Standard. A toxic
pollutant shall include but not be limited to
any pollutant identified pursuant to Section
307(a) of the Act.
(e) Any noxious or malodorous liquids, gases, or
solids which either singly or by interaction with
i
other wastes are sufficient to create a public
i
nuisance or hazard to life or are sufficient to
i
prevent entry into the sewers for maintenance and
i
repair.
(f) Any subtance which may cause the POTW's effluent
or any other product of the POTW such as residues,
i
i
sludges, or scums, to be unsuitable for reclama- j
tion and reuse or to interfere with the reclama-
tion process. In no case, shall a substance
;
!
discharged to the POTW cause the POTW to be in
non-compliance with slude use or disposal criteria,!
z
guidelines or regulations developed under Section
405 of the Act; any criteria, guidelines, or !
regulations affecting sludge use or disposal
i
developed pursuant to the Solid Waste Disposal
Act, the Clean Air Act, the Toxic Substances
Control Act, or State criteria applicable to the f
sludge management method being used. 3
(g) Any substance which will cause the POTW to violate !
its NPDES and/or State Disposal System Permit or 4
the receiving water quality standards.
I
(h) Any wastewater with objectionable color not
i
removed in the treatment process, such as, but i
not limited to, dye wastes and vegetable tanning
solutions.
(i) Any wastewater having a temperature which will I
inhibit biological activity in the POTW treatment j
plant resulting in interference, but in no
case wastewater with a temperature at the
introduction into the POTW which exceeds 400C
i
(1040F) unless the POTW treatment plant is
designed to accommodate such temperature.
(j) Any pollutants, including oxygen demanding
pollutants (BOD, etc.) released at a flow rate
and/or pollutant concentration which a user knows
or has reason to know will cause interference
to the POTW. In no case shall a slug load have j
a flow rate or contain concentration or qualities
of pollutants that exceed for any time period
longer than fifteen (15) minutes more than five
(5) times the average twenty-four (2.4) hour
concentration, quantities, or flow during normal
operation.
(k) Any wastewater containing any radioactive wastes
or isotopes of such halflife or concentration as
may exceed limits established by the Superintendent;
in compliance with applicable State or Federal
regulations.
(1) Any wastewater which causes a hazard to human life
or creates a public nuisance.
When the Manager determines that a user is contributing
to the POTW, any of the above enumerated substances in such amounts
i
as to interfere with the operation of the POTW, the Manager shall:
i
(1) Advise the user of the impact of the contribution on the POTW;?
and (2) Develop effluent limitation for such user to correct the
interference with the POTW.
2.2 Federal Categorical Pretreatment Standards. Upon
the promulgation of the Federal Categorical Pretreatment Standards,
for a particular industrial subcategory, the federal standard, if
more stringent than limitations imposed under this ordinance or
under previous ordinances of the City of Batesville, Arkansas for
- 12 -
sources in that subcategory, shall immediately supersede the
limitations imposed under this ordinance or prior ordinances.
The Manager shall notify all affected users of the applicable
reporting requirements under 40 CFR, Section 403.12.
2.3 Modification of Federal Categorical Pretreatment
;Standards. Where the City's wastewater treatment system achieves
consistent removal of pollutants limited by Federal Pretreatment
Standards, the City may apply to the approval authority for
modification of specific limits in the Federal Pretreatment
i
Standards. "Consistent Removal" shall mean reduction in the
amount of a pollutant or alteration of the nature of the pollutant
by the wastewater treatment system to a less toxic or harmless
state in the effluent which is achieved by the system 95 percent
of the samples taken when measured according to procedures set
forth in Section 403.7(c)(2) of (Title 40 of the Code of Federal
Regulations, Part 403) - "General Pretreatment Regulations for
Existing and New Sources of Pollution" promulgated pursuant to
the Act. The City may then modify pollutant discharge limits
in the Federal Pretreatment Standards if the requirements
contained in 40 CFR, Part 403, Section 403.7, are fulfilled and
prior approval from the Approval Authority is obtained.
2.4 Specific Pollutant Limitations. No person shall i
discharge wastewater containing in excess of:
.05 mg/l arsenic
.02 mg/l cadmium
02 mg/l copper
.05 mg/l cyanide
.10 mg/l lead
.002 mg/l mercury
.08 mg/l nickel
01 mg/l silver
.05 mg/l total chronium
.05 mg/l zinc
- 13 -
.001 mg/l phenolic compounds which cannot be
removed by the City's wastewater treatment
process.
2.5 State Requirements. State requirements and limita-
tions on discharges shall apply in any case where they are more
stringent than federal requirements and limitations or those in
this ordinance.
2.6 City's Right of Revision. The City reserves the
right to establish by ordinance more stringent limitations or
!requirements on discharges to the wastewater disposal system if
deemed necessary to comply with the objectives presented in Sectio
11.1 of this ordinance. ?
2.7 Excessive Discharge. No user shall ever increase
the use of process water, or in any way attempt to dilute a dis-
charge as a partial or complete substitute for adequate treatment
to achieve compliance with the limitations contained in the
Federal Categorical Pretreatment Standards, or in any other
pollutant -specific limitation developed by the City or State. i
(Comment: Dilution may be an acceptable means of complying with
some of the prohibitions set forth in Section 5 of Ordinance 717,
i
specifically, the pH prohibition.)
2.8 Accidental Discharges. Each user shall provide
protection from accidental discharge of prohibited materials or
other substances regulated by this ordinance. Facilities to
prevent accidental discharge or prohibited materials shall be
provided and maintained at the owner or user's own cost and
expense. Detailed plans showing facilities and operating procedures
to provide this protection shall be submitted to the Utilities
Commission for review, and shall be approved by the Utilities
Commission before construction of the facility. All existing
users shall complete such a plan by January 1, 1983. No user who
commences contribution to the POTW after the effective date of
this ordinance shall be permitted to introduce Pollutants into
the system until accidental discharge procedures have been approve
i
i
f
s
14 -
by the City. Review and approval of such plans and operating
t
procedures shall not relieve the industrial user from the
responsibility to modify the user's facility as necessary to meet
r
the requirements of this ordinance. In the case of an accidental
s
discharge, it 7_s the responsibility of the user to immediately
telephone and notify the POTW of the incident. The notification '
shall include location of discharge, type of waste, concentration
and volume, and corrective actions.
Written Notice. Within five (5) days following an
accidental discharge, the User shall submit to the Manager a
detailed written report describing the cause of the discharge and
the measure to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any
expense, loss, damage, or other liability which may be incurred
i
as a result of damage to the POTW, fish kills, or any other
i
damage to person or property; nor shall such notification relieve
the user of any fines, civil penalties, or any other liability
which may be imposed by this article or other applicable law.
Notice to Employees. A notice shall be permanently
posted on the user's bulletin board or other prominent place
advising employees whom to call in the event of a dangerous
discharge. Employers shall insure that all employees who may
cause or suffer such a dangerous discharge to occur are advised
of the emergency notification procedure.
SECTION 3 - F ES
3.1 Purpose. It is the purpose of this chapter to
provide for the recovery of costs from the users of the City's
wastewater disposal system for the implementation of the program
established herein. The applicable charges or fees shall be set
,
forth in the City's schedule of charges and fees.
s
3.2 Charges and Fees. The Utilities Commission may
adopt charges and fees which may include:
(a) Fees for reimbursement of costs of
setting up and operating the City's
pretreatment program;
— 15 —
(b) Fees for monitoring, inspections and
surveilance procedures;
(c) Fees for reviewing accidental dis-
charge procedures and construction;
(d) Fees for filing appeals;
(e) Fees for consistent removal (by the
City) of pollutants otherwise subject
to federal pretreatment standards;
(f) Other fees as the Utilities Commission
may deem necessary to carry out the
requir^mPnts contained herein.
These fees relate solely to the matters covered by this
ordinance and are separate from all other fees chargeable by the
City.
SECTION 4 - ADMINISTRATION
4.1 Wastewater Discharvers. It shall be unlawful to
1di_scharge without a city permit to any natural outlet within the
City of Batesville, or any area under the jurisdiction of of the
i
City of Batesville, or the POTW any wastewater except as authorized
(by the Superintendent in accordance with provisions of this
!ordinance.
4.2 Wastewater Contribution Permits.
4.2.1 General Permits. All significant users
proposing to connect to or to contribute to the POTW shall obtain l
{
a Wastewater Discharge Permit before connecting to or contributing;
to the POTW. All existing significant users connected to or
contributing to the POTW shall obtain a Wastewater Contribution
i
Permit within 180 (optional) days after the effective date of this;
i
Ordinance.
4.2.2 Permit Application. Users required to obtai_ri
a Wastewater Contribution Permit shall complete and file with the
1
City, an application in the form prescribed by the City, and
accompanied by a fee of $150.00 Existing users shall apply
for a Wastewater Contribution Permit within 30 days after the
- 16 -
effective date of this Ordinance, and proposed new users shall
i
apply at least 90 days prior to connecting to or contributing to
i
the POTW. In support of the application, the user shall submit,
Iin units and terms appropriate for evaluation, the following
information:
(a) Name, address, and location, (if different from
the address;
(b) SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, G
i
1972, as amended;
(c) Wastewater constituents and characteristics
including but not limited to those mentioned
in Section 2 of this Ordinance as determined
by a reliable analytical laboratory; sampling
and analysis shall be performed in accordance
s
with procedures established by the EPA pursuant !
to Section 304(g) of the Act and contained in
40 CFR, Part 136, as amended;
i
(d) Time and duration of contribution;
(e) Average daily and 3 minute peak wastewater flow
rates, including daily, monthly and seasonal
variations if any;
(f) Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer
connections, and appurtenances by the size,
location and elevation;
(g) Description of activities, facilities and plant
i
processes on the premises including all materials I
which are or could be discharged;
(h) Where known, the nature and concentration of any
pollutants in the discharge which are limited by
I
any City, State or Federal Pretreatment Standards,
and a statement regarding whether or not the pre-
treatment standards are being met on a consistent
basis and if not, whether additional Operation and
Maintenance (0&M) and/or additional pretreat-
ment is required for the User to meet applicable
Pretreatment Standards;
(1) If additional pretreatment and/or O&M will be
required to meet the Pretreatment Standards; the
shortest schedule by which the User will provide
such additional pretreatment. The completion date
i
in this schedule shall not be later than the
compliance date established for the applicable
Pretreatment Standard:
The following conditions shall apply to this
schedule:
(1) The schedule shall contain increments of
proCD
gress in the form of dates for the commence
ment and completion of major events leading
to the construction and operation of additiona
pretreatment required for the User to meet the
applicable Pretreatment Standards (e.q.,
hiring an engineer, completing preliminary
plans, completing final plans, executing
contract for major components, commencing
construction, completing construction, etc.).
(2) No increment referred to in paragraph (1)
shall exceed 9 months.
(3) Not later than 14 days following each date
in the schedule and the final date for com-
pliance,the User shall submit a progress
report to the Manager including, as a minimum,;
whether or not it complied with the increment
or progress to be met on such date and, if
not, the date on which it expects to comply
with this increment of progress, thereason
for delay, and the steps being taken by the
User to return the construction to the schedul(
established. In no event shall more than 9
months elapse between such progress reports
to the Manager.
(j) Each product produced by type, amount, process or
processes and rate of production;
(k) Type and amount of raw materials processed
i
(average and maximum per day);
(1) Number and type of employees, and hours of opera-
tion of plant and proposed or actual hours of
operation of pretreatment system;
(m) Any other information as may be deemed by the City
to be necessary to evaluate the permit application.
The City will evaluate the data furnished by the user and may
i
require additional information. After evluation and acceptance
of the data furnished, the City may issue a Wastewater Contribution
i
Permit subject to terms and conditions provided herein.
4.2.3 Permit Modifications. Within 9 months of
the promulgation of a National Categorical Pretreatment Standard,
i
the Wastewater Contribution Permit of Users subject to such
standards shall be revised to require compliance with such
r
standard within the time frame prescribed by such standard. Where
a user, subject to a National Categorical Pretreatment Standard,
i
has not previously submitted an application for a Wastewater
i
Contribution Permit as required by 4.2.2, the User shall apply for°!
a Wastewater Contribution Permit within 180 days after the
promulgation of the Applicable National Categorical Pretreatment
Standard. In addition, the User with an existing Wastewater
Contribution Permit shall submit to the Manager within 180 days
after the promulgation of an applicable Federal Categorical Pre-
treatment Standard the information required by paragraph (h) and
(i) of Section 4.2.2.
i
4.2.4 Permit Conditions. Wastewater Discharge
Permits shall be expressly subject to all provisions of this
- 19 -
Ordinance and all other applicable regulations, user charges and
t
fees established by the City. Permits may contain the following: ti
i
(a) The unit charge or schedule of user charges and
i
fees for the wastewater to be discharged to a
t
community sewer;
(b) Limits on the average and maximum wastewater
constituents and characteristics;
(c) Limits on average and maximum rate and time of
discharge or requirements for flow regulations
and equalization;
(d) Requirements for installation and maintenance of
inspection and sampling facilities;
i
(e) Specifications for monitoring programs which may i
include sampling locations, frequency of sampling,
I
number, types and standards for tests and report-
ing schedule;
i
(f) Compliance schedules;
(g) Requirements for submission of technical reports j
or discharge reports (see 4.3);
(h) Requirements for maintaining and retaining plant
records relating to wastewater discharge as
specified by the City, and affording City access
thereto;
(i) Requirements for notification of the City oP any
new introduction of wastewater constituents or any
substantial change in the volume or character of
the wastewater constituents being introduced into
i
the wastewater treatment system.
(j) Requirements for notification of slug discharges
1
as per 5.2;
(k) Other conditions as deemed appropriate by the City
to ensure compliance with this Ordinance.
4.2.5 Permits Duration. Permits shall be issued
i
for a specified time period, not to exceed five (5) years. A
- 20 -
�Wl
permit may be issued for a period less than a year or may be state
to expire on a specific date. The user shall apply for permit
Ireissuance a minimum of 180 days prior to the expiration of the
user's existing permit. The terms and conditions of the permit
may besubject to modification by the City during the term of the
permit as limitations or requirements as identified in Section 2
are modified or other just cause exists. The User shall be
informed of any proposed changes in his permit at least 30 days
prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time schedule
for compliance.
4.2.6 Permit Transfer. Wastewater Discharge
Permits are issued to a specific User for a specific operation.
A wastewater discharge permit shall not be reassigned or trans- j
ferred or sold to a new owner, new User, different premises, or a
t
new or changed operation without the approval of the City. Any
w
succeeding owner or User shall also comply with the terms and
conditions of the existing permit.
4.3 Reporting Requirements for Permitee.
4.3.1 Compliance Date Report. Within 90 days
following the date for final compliance with applicable Pretreat-
ment Standards or, in the case of a New Source, following commencer
ment of the introduction of wastewater into the POTW, any User
subject to Pretreatment Standards and Requirements shall submit
to the Manager a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process
which are limited by Pretreatment Standards and Requirements and I
the average and maximum daily flow for these process units in the
User facility which are limited by such Pretreatment Standards
i
or Requirements. The report shall state whether the applicable
Pretreatment Standards or Requirements are being met on a con-
sistent basis and, if not, what additional 0&M and/or pretreatment!
is necessary to bring the User into compliance with the applicable!
- 21 -
Pretreatment Standards or Requirements
This statement shall be
signed by an authorized representativecf the Industrial User, and
certified to by a qualified professional.
4.3.2 Periodic Compliance Reports.
(1) Any User subject to a Pretreatment Standard,
after compliance date of such Pretreatment Standard, or, in the
case of a New Source, after commencement of the discharge into
the POTW, shall submit to the Manager during the months of June
and December, unless required more frequently in the Pretreatment
{
Standard or by the Manager, a report indicating the nature and
concentration, of pollutants in the effluent which are limited
by such Pretreatment Standards. In addition, this report shall
include a record of all daily flows which during the reporting
period exceeded the average daily flow reported in paragraph (b)
(4) of this section. At the discretion of the Manager and in
consideration of such factors as local high or low flow rates,
holidays, budget cycles, etc., the Manager may agree to alter
the months during which the2bove reports are to be submitted.
(2) The Manager may impose mass limitations
on Users which are using dilution to meet applicable Pretreatment
Standards or Requirements, or in other cases where the imposition
of mass limitations are appropriate. In such cases, the report
required by subparagraph (1) of this paragraph shall indicate the
mass of pollutants regulated by Pretreatment Standards in the
effluent of the User. These reports shall contain the results of
sampling and analysis of the discharge, including the flow and
the nature and concentration, or production and mass where
requested by the Manager, of pollutants contained therein which
are limited by the applicable Pretreatment Standards. The
frequency of monitoring shall be prescribed in the applicable
Pretreatment Standard. All analysis shall be performed in accord-
ance with procedures established by the Administrator pursuant to
Section 304 (g) of the Act and contained in 40 CFR, Part 136 and
- 22 -
amendments thereto or with any other test procedures approved by
the Administrator. Sampling shall be performed in accordance with
the techniques approved by the Administrator. (Comment: Where 40
CFR, Part 136 does not include a sampling or analytical technique
i
for the pollutant in question sampling and analysis shall be
performed in accordance with the procedures set forth in the EPA
i publication, Sampling and Analysis Procedures for Screening of
Industrial Effluents for Priority Pollutants, April, 1977, and
s
amendments thereto, or with any other sampling and analytical
procedures approved by the Administrator.)
i
4.4 Monitoring Facilities. The City shall require to
be provided and operated at the User's own expense, monitoring
facilities to allow inspection, sampling, and flow measurement of j
the building sewer and/or internal drainage systems. The monitor-
ing facility should normally be situated on the User's premises,
but the City may, when such a location would be impractical or
cause undue hardship on the User, allow the facility to be con-
struQ6 in the
public street or sidewalk area and located so that �
it will not be obstructed by landscaping or parked vehicles.
CD
There shall be ample room in or near such sampling
s
manhole or facilityto allow accurate sampling and
p g preparation of 4
samples for analysis. The facility, sampling, and measuring
equipment shall be maintained at all times in a safe and proper
operating condition at the expense of the user.
I
Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided in accordance:
with the City's requirements and all applicable local construction;
standards and specifications. Construction shall be completed
I
within 90 days following written notification by the City.
4.5 Inspection and Sampling. The City shall inspect
the facilities of any User to ascertain whether the purpose of
this Ordinance is being; met and all requirements are being com-
plied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the City or their representa-
tive ready access at all reasonable times to a.11 parts of the
premises for the purposes of inspection, sampling, records
i
examination or in the performance of any of their duties. The
City, Approval Authority and (where the NPDES State is the Approval
Authority), EPA shall have the right to set up on the User's
I
property such devices as are necessary to conduct sampling
I
inspection, compliance monitoring and/or metering operations.
f
Where a User has security measures in force which would require
I �
proper identification and clearance before entry into their j
premises, the User shall make necessary arrangements with their
i
security guards so that upon presentation of suitable identifica-
tion, personnel from the City, Approval Authority and EPA will
be permitted to enter, without delay, for the purposes of perform -1
I
i
ing their specific responsibilities. j
4.6 Pretreatment_ Users shall provide necessary wastel�-
water treatment as required to comply with this Ordinance and I
shall achieve compliance with all Federal Categorical Pretreatmenit
Standards within the time limitations as specified by the Federal
Pretreatment Regulations. Any facilities required to pretreat
i
wastewater to a level acceptable to the City shall be provided,
operated, and maintained at the User's expense. Detailed plans
showing the pretreatment facilities and operating procedures shall;
be submitted to the City for review, and shall be acceptable to
the City before construction of the facility. The review of such
plans and operating procedures will in no way relieve the User
from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the City under the provisions
of this Ordinance. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be
i
acceptable to the City prior to the User's initiation of the
changes.
The City shall annually publish in the Batesville Guard
a list of the Users which were not in compliance with any Pre-
treatment Requirements or Standards at least once during the 12
previous months. The notification shall also summarize any
enforcement actions taken against the user(s) during the same 12
months.
- 24 -
rM
All records relating to compliance with Pretreatment
Standards shall be made available to officials of the EPA or
Approval Authority upon request.
4.7 Confidential Information. Information and data
on a User obtained from reports, questionnaires, permit applica-
tions, permits and monitoring programs and from inspections shall
be available to the public or other governmental agency without
restriction unless the User specifically requests and is able to
demonstrate to the satisfaction of the City that the release of
such information would divulge information, processes or methods
of production entitled to protection as trade secrets of the User.
When requested by the person furnishing a report, the
portions of a report which might disclose trade secret processes
shall not be made available for inspection by the public but shall
be made available upon written request to governmental agencies
for uses related to this Ordinance, the National Pollutant
Discharge Elimination System (NPDES) Permit, State Disposal
System permit or the Pretreatment Programs; provided, however, i
that such portions of a report shall be available for use by the
State or any state agency in judicial review or enforcement
Proceedings involving the person furnishing the report. Waste-
water constituents and characteristics will not be recognized as
confidential information.
Information accepted by the City as confidential, shall
not be transmitted to any governmental agency or to the general
public by the City until and unless a ten-day notification is
given to the User.
SECTION 5 - ENFORCEMENT
5.1 Harmful Contributions. The City may suspend the
wastewater treatment service or a Wastewater Contribution Permit
when such suspension is necessary, in the opinion of the City,
in order to stop an actual or threatened discharge which presents
or may present an imminent or substantial endangerment to the
health or welfare oi' persons, to the environment, causes inter-
- 25 -
Iference to the POTW or causes the City to violate any condition
of its NPDES Permit.
Any person notified of a suspension of the wastewater
treatment service or the Wastewater Contribution Permit shall
immediately stop or eliminate the contribution. In the event of
a failure of the person to comply voluntarily with the suspension
order, the City shall take such steps as deemed necessary includint
immediate severance of the sewer connection,to prevent or minimize'
damage to the POTW system or endangerment to any individuals. The;
City shall reinstate the Wastewater Contribution Permit or the '
wastewater treatment se -vice upon proof of the elimination of the
noir-complying discharge. A detailed written statement submitted
by the user describing the causes of the harmful contribution and
the meatIures taken to prevent any future occurrence shall be sub-
mitted to the City within 15 days of the date of occurrence.
5.2 Revocation o.f_Permit.
Any User who violates the i
i
following conditions of this Ordinance, or applicable state and
federal regulations, is subject to having his permit revoked in
accordance with the procedures of Section 5 of this Ordinance:
(a) Failure of a User to factually report the waste-
water constituents and characteristics of his
discharge;
(b) Failure of the User to report significant changes
in operations, or wastewater constituents and
characteristics;
(c) Refusal of reasonable access to the User's premises
for the purpose of inspection or monitoring; or,
(d) Violation of conditions of the permit.
5.3 Notification of Violation. Whenever the City find
that any User has violated or is violating this Ordinance, waste-
water contribution permit, or any prohibition, limitation of
requirements contained herein, the City may serve upon such person
a written notice stating the nature of the violation. Within 30
- 26 -
EM
days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the City by the User.
5.4 Show Cause Hearin.
5.4.1 The City may order any User who causes or
` allows an unauthorized discharge to enter the POTW to show cause
before the City Council why the proposed enforcement action should
i
not be taken. A notice shall be served on the User specifying
Ithe time and place of a hearing to be held by the City Council
regarding the violation, the reasons why the action is to be taken
the proposed enforcement action, and directing the User to show
(cause before the City Council why the proposed enforcement action
`should not be taken. The notice of the hearing shall be served
personally or by registered or certified mail (return receipt
requested) at least ten days before the hearing. Service may be
made on any agent or officer of a corporation.
5.4.2 The City Council may itself conduct the
hearing and take the evidence, or may designate any of its members
,or any officer or employee of the Batesville Utilities Commission:
(a) Issue in the name of the City Council notices of
hearings requesting the attendance and testimony
of witnesses and the production of evidence rele-
vant to any matter involved in such hearings;
(b) Take the evidence;
(c) Transmit a report of the evidence and hearing,
including transcripts and other evidence, together
with recommendations to the City Council for action
thereon.
5.4.3 At any hearing held pursuant to this OrdinanC
testimony taken must be under oath and recorded stenographically.
The transcript, so recorded, will be made available to any member
of the public or any party to the hearing upon payment of the usua'
charges thereof.
5.4.4 After the City Council has reviewed the
evidence, it may issue an order to the User responsible for the
- 27 -
:e,
eM
discharge directing that, following a specified time period, the
sewer service be discontinued unless adequate treatment facilities
devices or other related appurtenances shall have been installed
on existing facilities, devices or other related appurtenances are
!Iproperly operated. Further orders and directives as are necessary
I
�jand appropriate may be issued.
5.5 Legal Action. if any person discharges sewage,
industrial wastes or other wastes into the City's wastewater
1
disposal system contrary to the provisions of this Ordinance,
Federal or State Pretreatment Requirements, or any order of the
I �
City, the City Attorney may commence an action for appropriate
legal or equitable relief in the Circuit or Chancery Courts of
i
this county.
SECTION 6 - Penalty: Costs
6.1 Civil Penalties. Any User who is found to have,
i
violated an Order of the City Council or who wilfully or negli-
i
!gently failed to comply with any provision of this ordinance, and
the orders, rules, regulations and permits issued hereunder, shall;
be fined not less than $100.00 nor more than $1,000.00 for each
offense. Each day on which a violation shall occur or continue
shall be deemed a separate and distinct offense. In addition to
!the penalties provided herein, the City may recover reasonable I
i
attorney's fee, court costs, court reporter's fees, and other
expenses of litigation by appropriate suit at law against the
person found to have violated this ordinance or the orders, rules„
regulations and permits issued hereunder.
6.2 Falsifying Information. Any person who knowingly
i
makes any false statements, representation or certification in an,y
application, record, report, plan or other document filed or
required to be maintained pursuant to this Ordinance, or Wastewater
Contribution Permit, or who falsifies, tampers with, or knowingly
I
renders inaccurate any monitoring device or method required under j
I
this Ordinance, shall, upon conviction, be punished by a fine of
- 28
a.
1W
not more than
$1,000.00 or by imprisonment for not more than si
(6) months x
or by both.
SECTION 7 - SEVERABILITY
If any provision
paragraph, word, section or article
Of this Ordinance is invalidated by any court
diction, the remaining of competent juris-
Provisions, paragraphs, words
and chapters shall not be affect� sections,
ed and shall continue in full
force and effect.
SECTION 8 - CONFLICT
All other Ordinances and
parts of other Ordinances
inconsistent or conflicting with any part of this Or
.hereby repealed to Ordinance are
the extent of such inconsistency or conflict.
SECTION 9 EFFECTIVE DATE
There is an immediate and
urgent need for the prompt
passage of this ordinance f'or' the proper administration o
municipal affairs f
in providing standards for the protection of
ffluent into the c U-Lscnarge of
Publicly owned treatment works, and therefore
In emergency exists
and this ordinance being necessary for the
rotection of the public health
safety and welfare
ffcct and be , shall take
enforced from and after its passage, approval and
.iblicat ion .
PASSED and APPROVED by the City Council of
the City of
tesville
Arkansas on this
day of.....
1982. _-1-11-PA_ __ —,
ATTESTED:
Lr—a----j
�lil iams,�C--it� ie
APPROVF,n