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
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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
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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.
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(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
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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
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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
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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,
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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
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(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?, .
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