760~~ ~ a
ORDINANCE N0.
AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS
AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND
CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS
AND WASTES INTO THE PUBLIC SEWER SYSTEM: PROVIDING PENALTIES
FOR VIOLATIONS THEREOF AND CREATING AN EMERGENCY, IN THE
CITY OF WEST MEMPHIS, COUNTY OF CRITTENDEN, STATE OF ARKANSAS
BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS:
n~mrrrr~ ~
Definitions
Unless the context specifically indicates otherwise, the
meaning of terms used in this ordinance shall be as follows:
SEC. 1 "BOD"(denoting Biochemical Oxygen Demand) shall
mean the quantity of oxygen utilized in the
biochemical oxidation of organic matter under
standard laboratory procedure in five (5) days
at 20° C, expressed in milligrams per liter.
SEC. 2 "Building Drain" shall mean that part of the lowest
horizontal piping of a drainage system which receives
the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it
to the building sewer, beginning five (5) feet (1.5
meters) outside the inner face of the building wall.
SEC. 3 "Building Sewer" shall mean the extension from the
building drain to the public sewer or other place of
disposal.
SEC. 4. "Combined Sewer" shall mean a sewer receiving both
surface run-off and sewage.
k
SEC. 5 "Garbage" shall mean solid wastes from the domestic
and commercial preparation, cooking, and dispensing
of food, and from the handling, storage, and sale of
produce.
(1)
SEC. 6 "Industrial Wastes" shall mean the liquid wastes from
industrial manufacturing processes, trade, or business
as distinct from sanitary sewage.
SEC. 7 "Natural Outlet" shall mean any outlet into a water-
"""' course, pond, ditch, lake, or other body of surface
or groundwater.
SEC. 8 "Person" shall mean any individual, firm, company,
association, society, corporation or group.
SEC. 9 "pH" shall mean the logarithm of the reciprocal of
the weight of hydrogen ions in grams per liter of
solution.
SEC. 10 "Properly Shredded Garbage" shall mean the wastes
from the preparation, cooking, and dispensing of food
that have been shredded to such a degree that all
particles will be carried freely under the flow
conditions normally prevailing in public sewers, with
no particle greater than one-half (1/2) inch (1.27
centimeters) in any dimension.
SEC. 11 "Public Sewer" shall mean a sewer in which all owners
of abutting properties have equal rights, and is
controlled by public authority.
SEC. 12 "Sanitary Sewer" shall mean a sewer which carries
sewage and to which storm, surface, and ground waters
are not intentionally admitted.
SEC. 13 "Sewage" shall mean a combination of the water-carried
wastes from residences, business buildings, institutions,
and industrial establishments, together with such ground
surface, and stormwaters as may be present.
(2)
SEC. 14. "Sewage Treatment Plant" shall mean any arrangement
of devices and structures used for treating sewage.
SEC. 15 "Sewage Works" shall mean all facilities for collecting,
pumping, treating, and disposing of sewage.
~` SEC. 16 "Sewer" shall mean a pipe or conduit for carrying
rr.
sewage.
SEC. 17 "Shall" is mandatory; "May" is permissive.
SEC. 18 "Slug" shall mean any discharge of water, sewage, or
industrial waste which in concentration of any given
constituent or in quantity of flow exceeds for any
period of duration longer than fifteen (15) minutes
more than five (5) times the average twenty-four (24.)
hour concentration or flows during normal operation.
SEC. 19 "Storm Drain" (sometimes termed "storm sewer") shall
mean a sewer which carries storm and surface waters
and drainage, but excludes sewage and industrial
wastes, other than unpolluted cooling water.
SEC. 20 "Superintendent" shall mean the Superintendent in
charge of the Sewage Works of the City of West Memphis
or his authorized deputy, agent, or representative.
SEC. 21 "Suspended Solids" shall mean solids that float on
the surface of, or are in suspension in water, sewage,
or other liquids, and which are removable by laboratory
filtering.
SEC. 22 "Watercourse" shall mean a channel in which a flow of
water occurs, either continuously or intermittently.
ARTICLE II
Use of Public Sewers Required
SEC. 1 It shall be unlawful for any person to place, deposit,
or permit to be deposited in any unsanitary manner on
(3)
public or private property within the City of West
Memphis or in any area under the jurisdiction of
the City of West Memphis, any human or animal
excrement, garbage, or other objectionable waste.
,~ SEC. 2 It shall be unlawful to discharge to any natural
outlet within the City of West Memphis or in any
area under the jurisdiction of the City of West
Memphis, any sewage or other polluted waters, except
where suitable treatment has been provided in
accordance with subsequent provisions of this ordinance.
SEC. 3 Except as hereinafter provided, it shall be unlawful
to construct or maintain any privy, privy vault, septic
tank, cesspool, or other facility intended or used for
the disposal of sewage.
SEC. L}. The owner of all houses, buildings or properties used
for human occupancy, employment, recreation, or other
purposes, situated within the City of West Memphis and
abutting on any street, alley, or right-of-way in
which there is now located or may in the future be
located a public sanitary or combined sewer of the
City of West Memphis, is hereby required at his expense
to install suitable toilet facilities therein, and to
connect such facilities directly with the proper
public sewer in accordance with the provisions of this
ordinance, within ninety (90) days after date of
official notice to do so, provided that said public
sewer is within three hundred (300) feet of the
property line.
(4~)
ARTICLE III
Private Sewage Disposal
SEC. 1 Where a public sanitary or combined sewer is not
available under the provisions of Article II,
~ Section 4., the building sewer shall be connected
~^.r
to a private sewage disposal system complying
with the provisions of this article.
SEC. 2 Before commencement of construction of a private
sewage disposal system, the owner shall first obtain
a written permit signed by the Superintendent. The
application for such permit shall be made on a form
furnished by the City of West Memphis, which the
applicant shall supplement by any plans, specifications,
and other information as are deemed necessary by the
Superintendent. A permit and inspection fee of Ten
Dollars (10.00) shall be paid to the City of West
Memphis at the time the application is filed.
SEC. 3 A permit for a private sewage disposal system shall
not become effective until the installation is
completed to the satisfaction of the Superintendent.
He shall be allowed to inspect the work at any stage
of construction and, in any event, the applicant for
the permit shall notify the Superintendent when the
work is ready for final inspection, and before any
underground portions are covered. The inspection
shall be made within twenty-four ( 24.) hours of the
receipt of written notice by the Superintendent.
SEC. 4. The type, capacities, location and layout of a private
sewage disposal system shall comply with all
recommendations of the Arkansas State Department of
(5)
Health. No permit shall be issued for any private
sewage disposal system employing subsurface soil
absorption facilities where the area of the lot is
less than forty thousand (4.0,000) square feet. No
se tic tank or cess ool shall be
p p permitted to
discharge to any natural outlet.
SEC. 5 At such time as a public sewer becomes available
to a property served by a private sewage disposal
system, as provided in Article III, Section 4., a
direct connection shall be made to the public sewer
in compliance with this ordinance, and any septic
tanks, cesspools, and similar private sewage
disposal facilities shall be abandoned and filled
with suitable material.
SEC. 6 The owner shall operate and maintain the private
sewage disposal facilities in a sanitary manner at
all times, at no expense to the City of West Memphis.
SEC. 7 No statement contained in this article shall be
construed to interfere with any additional requirements
that may be imposed by the Health Officer.
SEC. 8 When a public sewer becomes available, the building
sewer shall be connected to said sewer within sixty
(60) days and the private sewage disposal system
shall be cleaned of sludge and filled with clean bank-
run gravel or dirt.
ARTICLE IV
Building Sewers and Connection
SEC. 1 No unauthorized person shall uncover, make any
connections with or opening into, use, alter or
(6)
disturb any public sewer or appurtenance thereof
without first obtaining a written permit from
the Superintendent.
SEC. 2 There shall be two (2) classes of building sewer
permits: (a) for residential and commercial service,
and (b) for service to establishments producing
industrial wastes. In either case, the owner or
his agent shall make application on a special
form furnished by the City of West Memphis. The
permit application shall be supplemented by any
plans, specifications, or other information
considered pertinent in the judgment of the
Superintendent. A permit and inspection fee of
Five Dollars ($5.00) for a residential or commercial
building sewer permit and Ten Dollars (10.00)
for an industrial building sewer permit shall be
paid to the City of West Memphis at the time the
application is filed. This permit and inspection
fee for building sewer is in addition to the
plumbing permits as may be required by the City of
West Memphis.
SEC. 3 All costs and expense incident to the installation
and connection of the building sewer shall be borne
by the owner. The owner shall indemnify the City of
West Memphis for any loss or damage that may directly
or indirectly be occasioned by the installation of
the building sewer.
(7)
SEC. 4. A separate and independent building sewer shall be
provided for every building; except where one
building stands at the rear of another on an interior
lot and no private sewer is available or can be
constructed to the rear building through an adjoining
~.
alley, court, yard, or driveway, the building sewer
from the front building may be extended to the rear
building and the whole considered as one building
sewer.
SEC. 5 Old building sewers may be used in connection with
new buildings only when they are found, on examination
and test by the Superintendent, to meet all the
requirements of this ordinance.
SEC. 6 The size, slope, alignment, materials:or construction
of a building sewer, and the methods to be used in
excavating, placing of the pipe, jointing, testing,
and backfilling the trench, shall all conform to the
requirements of the building and plumbing code or
other applicable rules and regulations of the City
of West Memphis. In the absence of code provisions
or in amplification thereof, the materials and
procedures set forth in appropriate specifications
of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9
shall apply.
SEC. 7 Whenever possible, the building sewer shall be brought
to the building at an elevation below the basement
floor. In all buildings in which any building drain
is too low to permit gravity flow to the public sewer,
sanitary sewage carried by such building drain shall
be lifted by an approved means and discharge to the
building sewer.
(8)
SEC. 8 No person shall make connection of roof downspout,
exterior foundation drains, areaway drains, or
other sources of surface runoff or groundwater to
G; a building sewer or building drain which in turn is
connected directly or indirectly to a public
sanitary sewer.
SEC. 9 The connection of the building sewer into the public
sewer shall conform to the requirements of the
building and plumbing code or other applicable rules
and regulations of the City of West Memphis, or the
procedures set forth in appropriate specifications
of the A. S.T. M. and the W.P.C.F. Manual of Practice
No. 9. All such connections shall be made gastight
and watertight. Any deviation from the prescribed
procedures and materials must be approved by the
Superintendent before installation.
SEC. 10 The applicant for the building sewer permit shall
notify the Superintendent when the building sewer
is ready for inspection and connection to the public
sewer. The connection shall be made under the
supervision of the Superintendent or his representative.
SEC. 11 All excavations for building sewer installation shall
be adequately guarded with barricades and lights so
as to protect the public from hazard. Streets,
sidewalks, parkways, and other public property
disturbed in the course of the work shall be restored
in a manner satisfactory to the City of West Memphis.
(9)
ARTICLE V
Use of the Public Sewers
SEC. 1 No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof
' runoff, subsurface drainage, uncontaminated cooling
~""' water, or unpolluted industrial process waters to
any sanitary sewer.
SEC. 2 Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically
designated as combined sewers or storm sewers, or
to a natural outlet approved by the Superintendent.
Industrial cooling water or unpolluted process
waters may be discharged on approval of the
Superintendent, to a storm sewer, combined sewer,
or natural outlet.
SEC. 3 No person shall discharge or cause to be discharged
any of the following described waters or wastes to
any public sewers:
(a) Any gasoline, benzene, naphtha, fuel oil, or
other flammable or explosive liquid, solid,
or gas.
(b) Any waters or wastes containing toxic or
poisonous solids, liquids, or gases in
sufficient quantity, either singly or by
interaction with other wastes, to injure or
interfere with any sewage treatment process,
constitute a hazard to humans or animals,
create a public nuisance, or create any hazard
in the receiving waters of the sewage treatment
plant, including but not limited to cyanides in
(10)
excess of two (2) mg/1 as CN in the wastes
as discharged to the public sewer. The
concentration of heavy metals measured at
the point of entry into the public sewers
are to be limited as follows:
Element Concentration (mg/1)
Arsenic 0.05
Barium 5.00
Boron 1.00
Cadmium 0.02
Chromium 0.05 (as trivalent)
Copper 0.02
Lead 0.10
Manganese 1.00
Mercury 0.005
Nickel 0.03
""' Selenium 0.02
Silver 0.10
Zinc 0.01
(c) Any waters or wastes having a pH lower than
6.0 or having any other corrosive property
capable of causing damage or hazard to
structures, equipment and personnel of the
sewage works.
(11)
(d) Solid or viscous substances in quantities
or such size capable of causing obstruction
to the flow in sewers, or other interference
with the proper operation of the sewage
works, such as, but not limited to, ashes,
cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood,
unground garbage, whole blood, paunch,
manure, hair, fleshings, entrails, paper
dishes, cups, milk containers, etc., either
whole or ground by garbage grinders.
SEC. 4. No person shall discharge or cause to be discharged
the following described substances, materials, waters,
or wastes, if it appears likely in the opinion of the
Superintendent that such wastes can harm either the
sewers, sewage treatment process, or equipment, have
an adverse effect on the receiving stream, or can
otherwise endanger life, limb, public property, or
constitute a nuisance. In forming his opinion as to
the acceptability of these wastes, the Superintendent
will give consideration to such factors as the
quantities of subject wastes in relation to flows
and velocities in the sewers, materials of
construction of the sewers, nature of the sewage
treatment process, capacity of the sewage treatment
plant, degree of treatability of wastes in the
sewage treatment plant, and other pertinent factors.
The substances prohibited are:
(a) Any liquid or vapor having a temperature higher
than one hundred fifty (150)°F (65)°C.
(12)
(b) Any water or waste containing fats, wax,
grease, or oils, whether emulsified or
not, in excess-of one hundred (100) mg/1
or containing substances which may solidify
rr.. or become viscous at temperatures between
thirty-two (32)° and one hundred fifty (150)°F
(0° and 65°C).
(c) Any garbage that has not been properly
shredded. The installation and operation
of any garbage grinder equipped with a
motor of three-fourths (3/4.) horsepower
(0.76 hp metric) or greater shall be subject
to the review and approval of the
Superintendent.
(d) Any waters or wastes containing strong acid
iron pickling wastes, or concentrated plating
solutions whether neutralized or not.
(e) Any waters or wastes containing iron,
chromium, copper, zinc, and similar
objectionable or toxic substances, or
wastes exerting an excessive chlorine
requirement, to such degree that any such
material received in the composite sewage
at the sewage treatment works exceeds the
limits established by the Superintendent
for such materials.
(f) Any waters or wastes containing phenols or
other taste or odor producing substances,
in such concentration exceeding limits which
may be established by the Superintendent as
necessary, after treatment of the composite
(13)
sewage, to meet the requirements of the State,
Federal, or other agencies of jurisdiction
for such discharge to the receiving waters.
(g) Any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits
established by the Superintendent in compliance
with applicable State or Federal regulations.
(h) Any waters or wastes having a pH in excess of
9.0.
(i) Materials which exert or cause:
(1) Unusual concentrations of inert suspended
solids (such as, but not limited to,
Fullers earth, lime slurries, and lime
residues) or of dissolved solids
(such as, but not limited to, sodium
chloride and sodium sulfate).
~,,, (2) Excessive discoloration (such as, but not
limited to, dye wastes and vegetable
tanning solution).
(3) Unusual BOD, chemical oxygen demand, or
chlorine requirements in such quantities
as to constitute a significant load on
the sewage treatment works.
(4.) Unusual volume of flow or concentration
of wastes constituting "slugs" as defined
herein.
(j) Waters or wastes containing substances which are
not amenable to treatment or reduction by the
sewage treatment processes employed, or are
(14~ )
amenable to treatment only to such degree
that the sewage treatment plant effluent cannot
meet the requirements of other agencies having
jurisdiction over discharge to the receiving
waters.
SEC. 5 If any waters or wastes are discharged, or are
proposed to be discharged to the public sewers,
which waters contain the substances or possess the
characteristics enumerated in Section I~. of this
Article, and which in the judgment of the Superintendent
may have a deleterious effect upon the sewage works,
processes, equipment or receiving waters, or which
otherwise create a hazard to life or constitute a
public nuisance, the Superintendent may:
(a) Reject the wastes.
(b) Require pre-treatment to an acceptable condition
for discharge to the public sewers.
(c) Require control over the quantities and rates
of discharge, and/or;
(d) Require payment to cover the added cost of handling
and treating the wastes not covered by existing
taxes or sewer charges under the provisions of
Section 10 of this Article.
If the Superintendent permits the pre-treatment or
equalization of waste flows, the design and installation
of the plants and equipment shall be subject to the
review and approval of the Superintendent, and subject
to the requirements of all applicable codes, ordinances,
and laws.
(15)
SEC. 6 Grease, oil, and sand interceptors shall be provided
when, in the opinion of the Superintendent they are
necessary for the proper handling of liquid wastes
containing grease in excessive amounts, or any
flammable wastes, sand, or other harmful ingredients;
except that such interceptors shall not be required
for private living quarters or dwelling units. All
interceptors shall be of a type and capacity approved
by the Superintendent and shall be located as to be
readily and easily accessible for cleaning and
inspection.
SEC. 7 Where preliminary treatment or flow-equalizing;
facilities are provided for any waters or wastes,
they shall be maintained continuously in satisfactory
and effective operation by the owner at his expense.
SEC. 8 When required by the Superintendent, the owner of
any property serviced by a building sewer carrying
industrial wastes, shall install a suitable control
manhole together with such necessary meters and
other appurtenances in the building sewer to facilitate
observation, sampling, and measurement of the wastes.
Such manhole, when required, shall be accessible and
safely located, and shall be constructed in accordance
with plans approved by the Superintendent. The manhole
shall be installed by the owner at his expense, and
shall be maintained by him so as to be safe, and
accessible at all times.
SEC. 9 All measurements, tests, and analyses of the character-
istics of waters and wastes to which reference is made
in this ordinance shall be determined in accordance
(16)
with the latest edition of "Standard Methods for
the Examination of Water and Wastewater", published
by the American Public Health Association, and
shall be determined at the control manhole provided,
or upon suitable samples taken at said control
manhole. In the event that no special manhole has
been required, the control manhole shall be considered
to be the nearest downstream manhole in the public
sewer to the point at which the building sewer is
connected. Sampling shall be carried out by
customarily accepted methods to reflect the effect
of constituents upon the sewage works and to determine
the existence of hazards to life, limb and property.
SEC. 10 No statement contained in this article shall be
construed as preventing any special agreement or
arrangement between the City of West Memphis and
any industrial concern whereby an industrial waste
of unusual strength or character may be accepted by
the City of West Memphis for treatment, subject to
payment therefore, by the industrial concern.
ARTICLE VI
Protection From Damage
SEC. 1 No unauthorized person shall maliciously, willfully,
or negligently break, damage, destroy, uncover, deface,
or tamper with any structure, appurtenance, or
equipment which is a part of the sewage works. Any
person violating this provision shall be subject to
immediate arrest under charge of disorderly conduct.
(17)
ARTICLE VII
Powers and Authority of Ins ectors
SEC. 1 The Superintendent and other duly authorized employees
of the City of West Memphis bearing proper credentials
and identification shall be permitted to enter all
properties for the purposes of inspection, observation,
measurement, sampling, and testing in accordance with
the provisions of Ordinance No. 739 of the City of
West Memphis. The Superintendent or his representatives
shall have no authority to inquire into any processes
including metallurgical, chemical, oil, refining,
ceramic, paper, or other industries beyond that point
having a direct bearing on the kind and source of
discharge to the sewers or waterways or facilities
for waste treatment.
SEC. 2 While performing the necessary work on private properties
referred to in Article VII, Section 1, above, the
Superintendent or duly authorized employees of the
City of West Memphis shall observe all safety rules
applicable to the premises established by the company.
SEC. 3 The Superintendent and other duly authorized employees
of the City of West Memphis bearing proper credentials
and identification shall be permitted to enter all
private properties through which the City of West
Memphis holds a duly negotiated easement for the
for the purpose of, but not limited to, inspection,
observation, measurement, sampling, repair, and
maintenance of any portion of the sewage works lying
within said easement in accordance with Ordinance
No. 739 of the City of West Memphis. All entry and
subsequent work, if any, on said easement, shall be
done in full accordance with the terms of the duly
negotiated easement pertaining to the private
property involved.
(18)
ARTICLE VIII
T_ __ ~'1 1 ! _ _.
SEC. 1 Any person found to be violating any provision of
this ordinance except Article VI shall be served
by the City of West Memphis with written notice
stating the nature of the violation and providing
a reasonable time limit for the satisfactory
correction thereof. The offender shall within the
period of time stated in such notice, permanently
cease all violations.
SEC. 2 Any person who shall continue any violation beyond
the time limit provided for in Article VII, Section 1,
shall be guilty of a misdemeanor for each violation.
Each day in which any such violation shall continue
shall be deemed a separate offense.
SEC. 3 Any person violating any of the provisions of this
~ ordinance shall become liable to the City of West
Memphis for any expense, loss, or damage occasioned
by the City of West Memphis by reason of such
violation.
ARTICLE IX
Validity
SEC. 1 All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SEC. 2 The invalidity of any section, clause, sentence, or
provision of this .ordinance shall not effect the
validity of any other part of this ordinance which
can be given effect without such invalid part or
~.. parts.
(19)
• r
Ordinance in Force
SEC. 1 It being found and determined by the City Council
of the City of West Memphis, Arkansas, that a
revised Sewer Use Ordinance is needed immediately
to qualify for certain Federal Programs available,
an emergency is hereby declared to exist and this
Ordinance shall be in full force and effect from
and after its passage and approval.
ADOPTED this ____Z___ day of r~,~ ~ T/~ ~ ~, 1973•
9 e~„
OR
ATTEST:
_____ _ ~~
_..r,.
_ C ITY CLERK i
(20)