2266ORDINANCE NO. ZZ(Ol0
AN ORDINANCE TO AMEND ORDINANCE 2187, CODIFIED AS
CHAPTER 14.52 OF THE WEST MEMPHIS MUNICIPAL CODE, TO
COMPLY WITH CERTAIN SUGGESTED CHANGES BY THE
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY AND
FOR OTHER PURPOSES.
WHEREAS, the City of West Memphis adopted Ordinance 2187, codified as Chapter
14.52 of the West Memphis Municipal Code, to regulate the use of public sewers and drains and
the discharge of waters and wastes in the public sanitary sewer system; and
WHEREAS, the Arkansas Department of Environmental Quality has suggested certain
amendments be made to the existing ordinance; and
WHEREAS, the West Memphis Utility Commission and the City Council of the City of
West Memphis desire to amend Ordinance 2187, codified as Chapter 14.52 of the West Memphis
Municipal Code, to incorporate the suggested changes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. The second "Whereas" clause set out in Ordinance 2187 is hereby
amended to read as follows:
WHEREAS, the regulations contained in the present ordinances of the City of
West Memphis should be brought into compliance with applicable laws and
regulations of the Environmental Protection Agency of the United States of
America, the Department of Environmental Quality of the State of Arkansas and
the provisions of the "Clean Water Act", being public law 92-500, as amended by
public law 95-217, as well as the general pretreatment regulations enacted
pursuant thereto (begin 40 CFR, part 403); and
SECTION 2. Section 1.1 of Ordinance 2187, codified as Section 14.52.010 of the West
Memphis Municipal Code, is hereby amended to read as follows:
Purpose and Policy
This Ordinance sets forth uniform requirements for direct and indirect users into
the wastewater collection and treatment system for the City of West Memphis,
Arkansas, and enables the City to comply with all applicable State and Federal
laws, including the Clean Water Act (33 United States Code 1251 et seq.) and the
General Pretreatment Regulations (40 CFR Part 403). The objectives of this
Ordinance are:
(A) To prevent the introduction of Pollutants into the Publicly Owned
Treatment Works that will Interfere with its operation;
(B) To prevent the introduction of Pollutants into the Publicly Owned
Treatment Works which will Pass Through the Publicly Owned Treatment
Works, inadequately treated, into receiving waters, or otherwise be
incompatible with the Publicly Owned Treatment Works;
(C) To protect both Publicly Owned Treatment Works personnel who maybe
affected by Wastewater and sludge in the course of their employment and
the general public;
(D) To promote reuse and recycling of industrial Wastewater and sludge from
the Publicly Owned Treatment Works;
(E) To provided for fees for the equitable distribution of the cost of operation,
maintenance and improvements of the Publicly Owned Treatment Works;
and
(F) To enable the City to comply with its National Pollutant Discharge
Elimination System Permit conditions, sludge use and disposal
requirements and any other Federal or State laws to which the Publicly
Owned Treatment Works is subject.
(G) To promote and encourage Pollution prevention and waste minimization
and waste reduction at Industrial Users prior to their recycling, treatment,
or disposal options.
This Ordinance shall apply to all Users of the Publicly Owned Treatment Works.
The Ordinance authorizes the issuance of Wastewater Discharge Permits;
provides for monitoring, compliance and enforcement activities, establishes
administrative review procedures; requires User reporting; and provides for the
setting of fees for the equitable distribution of costs resulting from the program
established herein.
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SECTION 3. Section 1.3 of Ordinance 2187, codified as Section 14.52.030 of the West
Memphis Municipal Code, is hereby amended to read as follows:
Abbreviations
The following abbreviations, when used in this Ordinance, shall have the
designated meanings:
ADEQ -Arkansas Department of Envirommental Quality
BMP -Best Management Practice
BMR -Baseline Monitoring Report
BOD -Biochemical Oxygen Demand
CFR -Code of Federal Regulations
CIU -Categorical Industrial User
COD -Chemical Oxygen Demand
EPA - U.S. Environmental Protection Agency
gpd -gallons per day
IU -Industrial User
mg/1-milligrams per liter
NPDES -National Pollutant Discharge Elimination System
NSCIU -Non-Significant Categorical Industrial User
POTW -Publicly Owned Treatment Works
RCRA -Resource Conservation and Recovery Act
SIU -Significant Industrial User
SNC -Significant Noncompliance
TSS -Total Suspended Solids
U.S.C. -United States Code
SECTION 4. Section 1.4(10) "Composite sample" of Ordinance 2187, codified as
Section 14.52.040.10 "Composite sample"of the West Memphis Municipal Code, is hereby
amended to read as follows:
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.
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SECTION 5. Section 1.4(49)(3) within the definition of "Significant Industrial User" of
Ordinance 2187, codified as Section 14.52.040.49(c) within the definition of "Significant
Industrial User" in the West Memphis Municipal Code, is hereby deleted and said section is
amended to read as follows:
[Reserved.]
SECTION 6. Section 1.4(57) "User or Industrial User" of Ordinance 2187, codified as
Section 14.52.040.57 "User or Industrial User" in the West Memphis Municipal Code, is hereby
amended to read as follows:
User or Industrial User. A source of indirect discharge.
SECTION 7. Section 2.2A(1) of Ordinance 2187, codified as Section 14.52.060A.1 of
the West Memphis Municipal Code, is hereby deleted and said section is amended to read as
follows:
[Reserved.]
SECTION 8. Section 2.2B of Ordinance 2187, codified as Section 14.52.060.B of the
West Memphis Municipal Code, is hereby deleted and said section is amended to read as
follows:
(A) If waters or wastes are discharged, or are proposed to be discharged, to the
POTW, and which in the judgment of the Governing Board may have a
deleterious effect upon sewage works, sewage treatment processes, plant
equipment, or waters of the State of Arkansas, or which otherwise create a
hazard to life or constitute a public nuisance, the Governing Board may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the
POTW;
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(3) Require payment of sewer surcharge to cover the added cost of handling
and treating the waste not covered by the sewer service charges for
transporting and treating normal Wastewater;
(4) Require control over the quantities and rate of discharge;
(5) If the Governing Board permits the pretreatment or equalization of
Wastewater flows, the design and installation of the plants equipment shall
be subject to the review and approval of the Governing Board and subject
to the requirements of all applicable codes, ordinances, and laws, and the
regulations and requirements of the Arkansas Department of
Environmental Quality, the Arkansas Department of Health, and the U.S.
Environmental Protection Agency;
(6) Commence any action for appropriate legal and\or equitable relief, including but
not limited to injunctive relief, in any court of appropriate jurisdiction.
SECTION 9. Section 2.3A of Ordinance 2187, codified as Section 14.52.070.A of the
West Memphis Municipal Code, is hereby amended to read as follows:
State Pretreatment Standards State pretreatment standards located in Section 4 of
Regulation Number 6: Regulation for State Administration of the National
Pollutant Discharge Elimination System for a particular industrial sub-category, if
more stringent than the requirements of this Ordinance, shall supersede the
requirements of this Ordinance, are hereby incorporated by reference and will be
imposed where applicable and shall include, but is not limited to, discharge
limitations and reporting requirements. This shall included those regulations
currently promulgated or which will be promulgated in the future including any
amendments and shall be recognized as part of this Ordinance.
SECTION 10. Section 2.3B of Ordinance 2187, codified as Section 14.52.070.B of the
West Memphis Municipal Code, is hereby amended to read as follows:
Local Limits. No person shall discharge any waters or wastes at a concentration
that would exceed the concentration of pollutants, including but not limited to,
those identified in the "Technically Based Local Limits Development Document",
and adopted by the Director of Environmental Quality and approved by the
Arkansas Department of Environmental Quality and West Memphis Utility
Commission.
The Director of Environmental Quality will develop and assign specific discharge
permit limitations, or Best Management Practice (BMP), when deemed
appropriate by the Director, for pollutants for permitted Users based on criteria
approved by the Director. The specific permit limits or BMP shall ensure that
local limit pollutant concentrations will protect the wastewater treatment plant for
upset. The Local Limits shall apply to the total flow to total process discharge
from the Industrial User. In developing specific permit limits the Director may
impose mass limitations in addition to, or in place of, specific concentration-based
limits. In addition, the Director may develop specific discharge limitations or
BMP for any other toxic pollutant which the Director may determine to be of
sufficient quantity to cause POTW interference and/or pass through, endanger the
health and safety of the POTW personnel or the public health, cause a POTW
permit violation or render the POTW sludge unacceptable for economic reuse or
reclamation.
The Director may develop Best Management Practices (BMP's), by Ordinance or
in individual wastewater discharge permits or general permits, to implement Local
Limits and the requirements of Section 2.1.
The Director may also set Local Limits on a case-by-case basis. Case-by-case
basic allows the Director to develop performance based local limits and to set
local limits based on performance judgment. In other word, if the Director finds
that Categorical limits are applicable to anon-categorical industrial user, then the
Director may place these limits in the permit.
SECTION 11. Section 4.6A of Ordinance 2187, codified as Section 14.52.190.A of the
West Memphis Municipal Code, is hereby amended to read as follows:
All Wastewater Discharge Permit applications and User reports must be signed by
an Authorized Representative (as defined in Section 1.4.3) of the User and contain
the following certification statement:
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel property gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering information, the information
submitted is, to the best of my knowledge and belief, true, accurate and complete,
I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations".
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SECTION 12. Section 4.6C of Ordinance 2187, codified as Section 14.52.190.C of the
West Memphis Municipal Code, is hereby deleted and said section is amended to read as
follows:
[Reserved.]
SECTION 13. Section 6.4A of Ordinance 2187, codified as Section 14.52.290.A of the
West Memphis Municipal Code, is hereby amended to read as follows:
All Significant Industrial Users shall, at a frequency determined by the Director
but in no case less than twice per year (June and December submit a report
indicating the nature and concentration of Pollutants in the discharge which are
limited by Pretreatment Standards and the measured or estimated average and
maximum daily flows for the reporting period. In cases where the Pretreatment
Standard requires compliance with a Best Management Practice (BMP) or
Pollution prevention alternative, the User must submit documentation required by
the Director or the Pretreatment Standard necessary to determine the compliance
status of the User. All periodic compliance reports must be signed and certified in
accordance with Section 4.6 of this Ordinance.
SECTION 14. Section 6.4B of Ordinance 2187, codified as Section 14.52.290.B of the
West Memphis Municipal Code, is hereby amended to read as follows:
When the City conducts the sampling and flow data collection for the Significant
Industrial User, the reporting requirements listed in 6.4A shall be waived.
SECTION 15. Section 6.4C of Ordinance 2187, codified as Section 14.52.290.C of the
West Memphis Municipal Code, is hereby deleted and said section is amended to read as
follows:
[Reserved. ]
SECTION 16. Section 6.4D of Ordinance 2187, codified as Section 14.52.290.D of the
West Memphis Municipal Code, is hereby amended to read as follows:
[Reserved. ]
SECTION 17. Section 6.4 of Ordinance 2187, codified as Section 14.52.290 of the
West Memphis Municipal Code, is hereby amended to add the following subparagraph:
G. All Significant Industrial Users required by the Director to submit Periodic
Compliance Reports shall use forms supplied by the Director or other approved
forms.
SECTION 18. Section 6.10 of Ordinance 2187, codified as Section 14.52.350 of the
West Memphis Municipal Code, is hereby amended to read as follows:
All Pollutant analyses, including sampling techniques, to be submitted as part of a
Wastewater Discharge Permit application or report shall be performed in
accordance with the techniques prescribed in 40 CFR Part 136 and amendments
thereto, unless otherwise specified in an applicable Categorical Pretreatment
Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques
for the Pollutant in question, or where the EPA determines that the Part 136
sampling and analytical techniques are inappropriate for the Pollutant in question,
sampling and analyses shall be performed by using validated analytical methods
or any other applicable sampling and analytical procedures, including procedures
suggested by the Director or other parties approved by ADEQ.
SECTION 19. Section 6.14 of Ordinance 2187, codified as Section 14.52.390 of the
West Memphis Municipal Code, is hereby deleted in it entirety and said section is amended to
read as follows:
[Reserved.]
SECTION 20. Section 7.1 AC of Ordinance 2187, codified as Section 14.52.400.C of
the West Memphis Municipal Code, is hereby amended to read as follows:
The Director may require the User to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the User at its own expense. All
devices used to measure wastewater flow and quality shall be calibrated at a rate
to ensure their accuracy.
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SECTION 21. Severability. 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 and the remaining
provisions, paragraphs, words, sections and articles shall not be affected and shall continue in
full force and effect.
SECTION 22. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of any such conflict.
PASSED AND APPROVED this ~ day of LI.OI,-' 201`
WILLIAM H. JOHN N, MAYOR
ATTEST:
P ARA, CITY CLERK
SPONSORED BY:
RECEIVED
Cite clerk's Office
Dated ~~e a. g o q~.os
By ~.W
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