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2348 ORDINANCE NO. c.34 AN ORDINANCE TO AMEND SECTION 14.52.120 OF THE WEST MEMPHIS MUNICIPAL CODE REGARDING THE FREQUENCY OF EVALUATIONS FOR ACCIDENTAL DISCHARGE/SLUG DISCHARGE CONTROL PLANS, AND FOR OTHER PURPOSES. WHEREAS, Section 3.3 of Ordinance 2187, codified as Section 14.52.120 of the West Memphis Municipal Code, provides for the director of environmental quality to evaluate whether each significant industrial user of the publicly owned treatment works (POTW) needs an accidental discharge/slug discharge control plan or other action to control slug discharge; and WHEREAS, Section 3.3 of Ordinance 2187 requires the director to make such evaluation of each significant industrial user at least every two years; and WHEREAS, the director and the West Memphis Utility Commission desire to amend Section 3.3 of Ordinance 2187 to remove the requirement of evaluations at least every two years; and WHEREAS, the West Memphis Utility Commission has approved the proposed amendment to Section 3.3 of Ordinance 2187 and recommended the amendment to the West Memphis City Council for adoption; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS, THAT: SECTION 1. Section 3.3 of Ordinance 2187, codified as Section 14.52.120 of the West Memphis Municipal Code, is hereby amended to read as follows: Accidental Discharge/Slug Discharge Control Plans The Director shall evaluate whether each Significant Industrial User needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Director may require any Industrial User to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control Slug Discharges. Alternatively, The Director may develop such a plan for any Industrial User. An accidental discharge/slug discharge control plan shall address, at a minimum, the following: Description of discharge practices, including nonroutine batch discharges; Description of stored chemicals; Procedures for immediately notifying [the Superintendent] of any accidental or Slug Discharge, as required by Section 6.6 of this ordinance; and 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 runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. SECTION 2. Severability. The provisions of this Ordinance are severable, and if any provision, paragraph, word, section, or article of this Ordinance is invalidated by any court of competent jurisdiction, it shall not affect the remainder of this Ordinance and the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. PASSED AND APPROVED this 21 day of .4"111"--k- , 2014. *e.d.f.C.-Tiel ;-""i$4.41 WILLIAM H. JO SON, MAYOR ATTEST: PHIL , CITY CLERK SPONSORED BY: RECEIVED JUL 022014 CITY OF WEST MEMPHIS CITY CLERK'S OFFICE