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2387 ORDINANCE NO. $7 AN ORDINANCE TO AMEND SECTION 14.52.010 AND SECTION 14.52.050 (B) OF THE WEST MEMPHIS MUNICIPAL CODE REGARDING WASTEWATER TREATMENT TO INCLUDE A DEFINITION OF"PHARMACEUTICAL DRUG", TO PROHIBIT THE DISCHARGE OF SPECIFIC ITEMS, INCLUDING PHARMACEUTICAL DRUGS,AND TO ESTABLISH A SURCHARGE FOR THE DISCHARGE OF WASTEWATER HAVING EXCESSIVE LEVELS OF BOD, TSS, OR OIL AND GREASE, TO MAKE TECHNICAL REVISIONS,AND FOR OTHER PURPOSES. WHEREAS, Chapter 14.52 of the West Memphis Municipal Code regulates the use of the City of West Memphis Publicly Owned Treatment Works (POTW); and WHEREAS, the West Memphis Utility Commission and the Director of Environmental Quality have recommended amendments to Chapter 14.52 of the West Memphis Municipal Code to include a definition of"pharmaceutical drug" and to prohibit the discharge of specific items, including pharmaceutical drugs, and to establish a surcharge for the discharge of wastewater having excessive levels of BOD, TSS, or Oil and Grease; NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS,THAT: SECTION 1. Section 14.52.010 of the West Memphis Municipal Code is hereby amended to read as follows: Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Ordinance, shall have the meaning 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 Arkansas Department of Environmental Quality(ADEQ). (3) Authorized or Duly Authorized Representative of the User. 1. If the User is a corporation: (a) The president, secretary, treasurer, or 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; or (b) The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or action taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively. 3. If the User is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. 4. The individuals described in paragraphs 1 through 3, above, may designate Duly 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 City. (4) Best Management Practices or BMP's. Schedules of activities, prohibitions or practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5 (a)(1) and(b). BMP's to include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. (5) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under the standard laboratory procedures for five(5) days at 20 degrees centigrade, usually expressed as a concentration (e.g.,mg/l). (6) Categorical Industrial User. An Industrial User subject to Categorical Pretreatment Standards or Categorical Standards. (7) Categorical Pretreatment Standards or Categorical Standards. Any regulation containing Pollutant discharge limits promulgated by the Environmental Protection 2 Agency in accordance with Sections 307(b) and(c) of the Act (33 U.S.C. 1317) which apply to a specific category of Users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. (8) Chemical Oxygen Demand (COD). A measure of the oxygen required to oxidize all compounds,both organic and inorganic, in water. (9) City. The City of West Memphis, Arkansas. (10) Composite Sample. A composite sample is made up of more than one individual grab samples,which are combined,based on either time or flow. A time composite sample consists of equal volume grab samples collected at equal time intervals. A flow composite sample may consist of equal volume grab samples taken at varying time intervals; samples of variable volume collected proportional to flow. (11) Control Authority. The City. (12) Control Manhole. A manhole giving access to a building Sewer at some point before the building Sewer discharge mixes with other discharge in the public Sewer. (13) Daily Maximum Limit or Daily Maximum. The maximum allowable discharge limit of pollutant during a calendar day. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limitations are expressed in terms of a concentration,the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. (14) Director of Environmental Quality (Director). Authorized representative of the West Memphis Utility Commission and the General Manager of the West Memphis Utility Commission that administers, implements, and enforces the provisions of the Pretreatment Program and of this Ordinance. (15) Environmental Protection Agency, or EPA. The U.S. Environmental Protection Agency, or where appropriate the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency. (16) Existing Source. Any source of discharge that is not a"New Source". (17) Garbage. Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce. (18) General Manager. The General Manager of the West Memphis Utility Commission is the person designated by the City to supervise the operation of the Publicly Owned Treatment Works and who is charged with certain duties and responsibilities by this 3 Ordinance, or his duly authorized representative referred to as the Director of Environmental Quality. (19) Governing Board. The West Memphis Utility Commission (the Utility), which may act through the General Manager, his deputy, agent or representatives possessing written evidence of authority to so act. (20) Grab Sample. A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. (21) Indirect Discharge. The introduction of pollutants into the POTW from any non- domestic source. (22) Industrial User(IU). A source of Indirect Discharge. (23) Industrial Wastes. The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary Sewage. (24) Industrial Waste Discharge Permit. A permit for establishments producing Industrial Wastes as more particularly set out in Section (4)of this Ordinance. (25) Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued there under, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, 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 Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. (26) Local Limit. Specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5 (a)(1) and(b). (27) Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps,body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. (28) Monthly Average. The sum of all "daily discharges"measured during a calendar month divided by the number of"daily discharges" measured during the month. 4 (29) Monthly Average Limit. The highest allowable average of"daily discharges" over a calendar month, calculated as the sum of all "daily discharges"measured during a calendar month divided by the number of"daily discharges" measured during that month. (30) National Pollution Discharge Elimination System or NPDES Permit. A permit issued pursuant to Section 402 of The Act(33 U.S.C. 1342). (31) New Source. (1)Any building, structure, facility or installation from which there is, or may be, a discharge of Pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of The Act which will be applicable to such source if such standards are thereafter 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 Subparagraphs (1)(B), or(1)(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: (a) Any placement, assembly, or installation of facilities or equipment; or (b) Significant site preparation work including clearing, excavation, or removal of existing building, structures, or facilities which is necessary for the placement, assembly, or installation of New Source facilities or equipment; or 5 B. Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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. (32) Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. (33) Normal Domestic Wastewater. Wastewater including that from non-residential sources, but excluding industrial process Wastewater, in which neither the concentrations of five-day Biochemical Oxygen'Demand (BOD)or total suspended solids (TSS) do not exceed the level of 250 mg/L or the concentration of oil and grease do not exceed the level of 100 mg\L. (34) Oil and Grease. Any material recovered as a substance soluble in the solvent. (35) 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 violation of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of a violation). (36) 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. (37) pH. A measure of the acidity or alkalinity of a solution, expressed in standard units. (38) Pharmaceutical Drug. (Medicine, Medication and Medicament) loosely defined as any chemical substance intended for use in the medical diagnosis, cure, treatment or prevention of disease. (39) Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash sewage, garbage, sewage sludge, munitions, Medical Wastes, chemical wastes,biological materials,radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes and certain characteristics of Wastewater(e.g., pH temperature, TSS, turbidity, color, BOD, COD,toxicity or odor). (40) 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 6 by an applicable pretreatment standard. (41) Pretreatment Program. The Utility's EPA and/or Arkansas Department of Environmental Quality approved program to administer the requirements of 40 CFR 403, the General Pretreatment Regulations. (42) Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a User, other than Pretreatment Standard. (43) Pretreatment Standard or Standards. Pretreatment Standards shall mean prohibited discharge standards, categorical Pretreatment Standards and Local Limits. (44) Publicly Owned Treatment Works (POTW). A treatment works as defined by Section 212 of The Act, (33 U.S.C. 1292) which is owned in this instance by the City. This definition includes any devices or systems used in collection, storage, treatment, recycling, and reclamation of Sewage or Industrial Wastes of liquid nature and any conveyances, which convey Wastewater to a treatment plant. For the purposes of this Ordinance, "POTW" shall also include any Sewers that convey Wastewaters to the POTW from Persons outside the City, who are by contract or agreement with the City, Users of the City's POTW. (45) Sanitary Sewer. A Sewer, which carries Sewage and to which storm, surface, and ground waters are not intentionally admitted. (46) Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. (47) Sewage. Human excrement and gray water(household showers, dishwashing operations, etc.). (48) Sewer. A pipe or conduit for carrying Sewage. (49) Shall is mandatory; May is permissive. (50) Significant Industrial User. (1) An Industrial User subject to Categorical Pretreatment Standards; or (2) An Industrial User that discharges an average of twenty-five thousand(25,000) gallons or more of process wastewater to the POTW (excluding sanitary, non- contract cooling, and boiler blowdown wastewater); contributes a process waste stream which makes up five (5)percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the City on the basis that the Industrial User has a reasonable potential 7 for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement. (3) Upon finding that a User meeting the criteria in Subsection (2) of this part has no reasonable potential for adversely affecting the POTW operation or for violating any Pretreatment Standard or Requirement,the City may at any time, on its own initiative or in response to a petition received from an Industrial User, and in accordance with procedures in 40 CFR 403.8 (f) (6), determine that such User should not be considered a Significant Industrial User. (51) Slug Load or Slug Discharge. 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. A slug Discharge is any discharge of a non-routine, episodic nature, including but not limited to accidental spill or a non-customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW's regulations, Local Limits or Permit conditions. (52) Standard Industrial Classification (SIC). A classification pursuant to the standard industrial classification manual issued by the executive office of the president, office of management and budget, 1972. (53) State. State of Arkansas. (54) Storm Sewer. A Sewer, which carries storm and surface waters and drainage, but excludes Sewage and Industrial Wastes, other than unpolluted cooling water. (55) Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting from precipitation, including snowmelt. (56) Total Suspended Solids or 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. (57) Toxic Pollutants. Any Pollutant of combination of Pollutants listed as toxic in regulations promulgated by the administration of the Environment Protection Agency under the provisions of CWA 307(a) or other acts. (58) User or Industrial User. A source of indirect discharge. (59) 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. (60) Waters of the State. All streams, lakes, marshes,ponds, watercourses, waterways, 8 wells, springs, irrigation systems, drainage systems and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion of the state. SECTION 2. Section 14.52.050 (B) of the West Memphis Municipal Code, entitled Specific Prohibitions, is hereby amended to add the following: (15) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW; (16) Pharmaceutical drugs from any commercial, for-profit entity. SECTION 3. Chapter 14.52, Article XIV, of the West Memphis Municipal Code is hereby amended to add the following section: Wastewater Treatment Rates. The City may charge non-residential POTW users a surcharge in addition to the normal metered charge for sewer service who discharge wastewater into the City of West Memphis POTW having BOD5 in excess of 250 mg/L or Suspended Solids in excess of 250 mg/L or Oil and Grease in excess of 100 mg/L. The surcharge shall be based on the following formula: S=Vww x 8.34 (CBOD (Bod-250) +CSS (SS-250) + CO&G (O&G-100 mg/L)) Where: S= Surcharge in dollars Vww=Wastewater in millions of gallons 8.34=Weight of water in pounds per gallon CBOD=Unit charge for BOD5 in dollars per pound (currently$0.14 per pound) BOD5=Monthly average five day BOD of Industrial User wastewater in mg/L(250 mg/L or more) CSS=Unit charge for Suspended Solids in dollars per pound(currently $0.11 per pound) TSS=Monthly average of Total Suspended Solids in Industrial User wastewater in mg/L 9 (250 mg/L or more) 250=Concentrations in mg/L above which both BOD and SS are considered unusually high and above which may be assessed a surcharge CO&G=Unit charge for Oil and Grease in dollars per pound (currently$0.25 per pound) O&G=Daily Oil and Grease concentration in Industrial User wastewater in mg/L(100 mg/L or more) 100=Concentration in mg/L above which Oil and Grease is considered unusually high and above which may be assessed a surcharge Sewer surcharge rates shall be subject to periodic review by the Director. Reviews will provided a base for adjustment of the surcharge rates necessitated by observed and/or predictable changes in the costs of transporting and treating wastewater. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. SECTION 5. The provisions of the 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, or the remaining provisions of Chapter 14.52 of the West Memphis Municipal Code, and the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full"forke and effect. PASSED AND APPROVED this (9 day of M9(1�Mu�-�O , 2015. `r//.— `� WILLIAM H. JO SON, MAYOR ATTEST: PH 411/111"7—RA, CITY CLERK SPONSORED BY: RECEIVED City Clerk's Office Date/time I?, . 10