1714ORDINANCE NO. ~ ~ ( ~
AN ORDINANCE TO SET FO ORS INTO THE WAASTEWATER COLLfiC ON
AND INDIRECT CONTRIBUT
AND TREATMENT SYSTEM FORT ~CFTOR OTHER PURPOSES ~ ~
._ WHEREAS, THE CITAYTO THE US OF PUBLIC SEWERIS AND DRAINSOAND THE
REGUL
'" i DISCHARGE OF WATERS AND WASTES IN THE PUBLIC
SANITARY SEWER SYSTEM;
WHEREAS, THE REGULATIONS SO MEN D S O DBE BROUGH INTO S
OF THE CITY OF WE
COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS OF
THE ENVIRONMENTAL PROTECTION AGENCY OF THE UNITED
STATES OF AMERICA, THE DEPARTA~NT OF POLLUTION
CONTROL AND ECOLOGY 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
WHEREAS, THESE PROPOSED REGULATIONS HAVE BEEN APPROVED BY
THE APPROPRIATE REGULATORY AGENCIES;
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL
OF THE CITY OF WEST MEMPHIS, ARKANSAS THAT:
SECTION 1. GENERAL PROVISIONS
THIS ORDINANCE SETS FORTH UNIFORM REQUIREMENTS FOR DIRECT AND
INDIRECT CONTRIBUTORS 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 REQUIRED BY THE CLEAN WATER ACT OF 1977 AND THE
GENERAL PRETREATMENT REGULATIONS (40 CFR PART 403).
THE OBJECTIVES OF THIS ORDINANCE ARE:
(A) TO PREVENT THE INTRODUCTION OF POLLUTANTS INTO THE
MUNICIPAL WASTEWATER SYSTEM WHICH WILL INTERFERE WITH
THE OPERATION OF THE SYSTEM OR CONTAMINATE THE RESULTING
Page 1
SLUDGE;
(B) TO PREVENT THE INTRODUCTION OF POLLUTANTS INTO THE
MUNICIPAL WASTEWATER SYSTEM WHICH WILL PASS THROUGH THE
SYSTEM, INADEQUATELY TREATED, INTO RECEIVING WATERS OR THE
ATMOSPHERE OR OTHERWISE BE INCOMPATIBLE WITH THE SYSTEM;
(C) TO IMPROVE THE OPPORTUNITY TO RECYCLE AND RECLAIM
WASTEWATERS AND SLUDGES FROM THE SYSTEM.
THIS ORDINANCE PROVIDES FOR THE REGULATION OF DIRECT AND
INDIRECT CONTRIBUTORS TO THE MUNICIPAL WASTEWATER SYSTEM
THROUGH THE ISSUANCE OF PERMITS TO CERTAIN NON-DOMESTIC USERS
AND THROUGH ENFORCEMENT OF GENERAL REQUIREMENTS FOR THE
OTHER USERS, AUTHORIZES MONITORING AND ENFORCEMENT
ACTIVITIES, REQUIRES USER REPORTING, ASSUMES THAT EXISTING
CUSTOMER'S CAPACITY WILL NOT BE PREEMPTED, AND PROVIDES FOR
THE SETTING OF FEES FOR THE EQUITABLE DISTRIBUTION OF COSTS
RESULTING FROM THE PROGRAM ESTABLISHED HEREIN.
THE ORDINANCE SHALL APPLY TO THE CITY OF WEST MEMPHIS AND TO
PERSONS OUTSIDE THE CITY WHO ARE, BY CONTRACT OR AGREEMENT
WITH THE CITY, USERS OF THE CITY POTW. THIS ORDINANCE IS A
SUPPLEMENT TO ORDINANCE NO. 760 AS AMENDED. EXCEPT AS
OTHERWISE PROVIDED HEREIN, THE INDUSTRIAL PRETREATMENT
COORDINATOR OF THE CITY'S POTW SHALL ADMINISTER, IMPLEMENT,
AND ENFORCE THE PROVISIONS OF THIS ORDINANCE.
a 1 ~ DEFINITIONS
A
'° 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) A1~MINISTR ATIVE ORDER ENFORCEMENT DOCUMENTS WHICH
DIRECT INDUSTRIAL USERS TO UNDERTAKE OR TO CEASE SPECIFIED
ACTIVITIES.
(3) APPRnVAi AUTHORi_TY. THE ARKANSAS DEPARTMENT OF POLLUTION
CONTROL AND ECOLOGY (ADPCE).
Page 2
(4) ~UTHO i7ED RF_P SENTATIVE OF INDUSTRi_AL. USER
(A) 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
.t
(b) THE MANAGER OF ONE OR MORE MANUFACTURING,
PRODUCTION, OR OPERATION FACILITIES EMPLOYING MORE
THAN TWO HUNDRED FIFTY (250) PERSONS OR HAVING A
GROSS ANNUAL SALES OR EXPENDITURES EXCEEDING
TWENTY-FIVE (25) MILLION DOLLARS (IN SECOND-QUARTER
1980 DOLLARS), IF AUTHORITY TO SIGN DOCUMENTS HAS
BEEN ASSIGNED OR DELEGATED TO THE MANAGER IN
ACCORDANCE WITH CORPORATE PROCEDURES.
(B) IF THE USER IS A PARTNERSHIP OR SOLE PROPRIETORSHIP: A
GENERAL PARTNER OR PROPRIETOR, RESPECTIVELY.
(C) 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.
(D) THE INDIVIDUALS DESCRIBED IN PARAGRAPHS 1 THROUGH 3,
ABOVE, MAY DESIGNATE ANOTHER 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
RESPONSIBII,ITY FOR ENVIRONMENTAL MATTERS FOR THE
COMPANY, AND THE WRITTEN AUTHORIZATION IS SUBMITTED
TO THE CITY.
(5) BIOCHEMICAi OXYCTEN DEMAND (WOOL. THE QUANTITY OF OXYGEN
UTILIZED IN THE BIOCHEMICAL OXIDATION OF ORGANIC MATTER
UNDER THE STANDARD LABORATORY PROCEDURE, FIVE (5) DAYS AT
20 DEGREES CENTIGRADE EXPRESSED IN TERMS OF WEIGHT AND
CONCENTRATION (MILLIGRAMS PER LITER (MG~L)).
(6) Bi TTi .DING SEWER. A SEWER CONVEYING WASTEWATER FROM THE
PREMISES OF A USER TO THE POTW OR OTHER POINT OF DISPOSAL.
Page 3
(7) CATEGORICAL PRETREATMENT STANDARDS OR CATEGORICAL
STANDARDS. ANY REGULATION CONTAINING POLLUTANT
DISCHARGE LIMITS PROMULGATED BY THE ENVIRONMENTAL
PROTECTION 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 (CODI. THE MEASURE OF THE OXYGEN
CONSUMING CAPACITY OF INORGANIC AND ORGANIC MATTER
PRESENT IN THE WATER OR WASTEWATER EXPRESSED IN MG~I, AS
THE AMOUNT OF OXYGEN CONSUMED FROM A CHEMICAL OXIDANT
IN A SPECIFIC TEST, BUT NOT DIFFERENTIATING BETWEEN STABLE
AND UNSTABLE ORGANIC MATTER AND THUS NOT NECESSARILY
CORRELATING WITH BIOCHEMICAL OXYGEN DEMAND (BOD).
(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 CONSISTS OF
EQUAL VOLUME GRAB SAMPLES TAKEN AT VARYING TIME
INTERVALS; SAMPLES OF VARIABLE VOLUME (IN PROPORTION TO
FLOW) COLLECTED PROPORTIONAL TO FLOW.
(11) CONTROL MANHOLE. A MANHOLE GIVING ACCESS TO A BUII,DING
SEWER AT SOME POINT BEFORE THE BUILDING SEWER DISCHARGE
MIXES WITH OTHER DISCHARGES IN THE PUBLIC SEWER.
(12) COOLING WATER. THE WATER DISCHARGED FROM ANY USE SUCH AS
AIR CONDITIONING, COOLING OR REFRIGERATION, OR TO WHICH THE
ONLY POLLUTANT ADDED IS HEAT.
(13) CONTROL AUTHORITY. THE TERM "CONTROL AUTHORITY" SHALL
REFER TO THE "POTW" IF THE POTW'S SUBMISSION FOR ITS
PRETREATMENT PROGRAM HAS BEEN APPROVED IN ACCORDANCE
WITH THE REQUIREMENTS OF 403.11.
(14) DIRECT DISCHARGE. THE DISCHARGE OF TREATED OR UNTREATED
WASTEWATER DIRECTLY TO THE WATERS OF THE STATE OF
ARKANSAS.
Page 4
(15) F_.NVLRONMENTAL PROTECTION AGENCY, OR EPA. THE U.S.
ENVIRONMENTAL PROTECTION AGENCY, OR WHERE APPROPRIATE
THE TERM MAY ALSO BE USED AS A DESIGNATION FOR THE
ADMINISTRATION OR OTHER DULY AUTHORIZED OFFICIAL OF
SAID AGENCY.
(16) GARBAGE. SOLID WASTES FROM THE DOMESTIC AND COMMERCIAL
PREPARATION, COOKING, AND DISPENSING OF FOOD, AND FROM
THE HANDLING, STORAGE AND SALE OF PRODUCE.
(17) 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 ORDINANCE, OR HIS DULY
AUTHORIZED REPRESENTATIVE REFERRED TO AS THE
PRETREATMENT COORDINATOR.
(18) GOVERNING BOARD. THE WEST MEMPHIS UTILITY COMMISSION,
WHICH MAY ACT THROUGH THE GENERAL MANAGER, HIS DEPUTY,
AGENT OR REPRESENTATIVES POSSESSING WRITTEN EVIDENCE OF
AUTHORITY TO SO ACT.
(19) GRAB SAMPLE. A SAMPLE WHICH IS TAKEN FROM A WASTE STREAM
ON A ONE-TIlVIE BASIS WITH NO REGARD TO THE FLOW IN THE WASTE
STREAM AND WITHOUT CONSIDERATION OF TIME.
(20) HOLDING TANK WASTE. ANY WASTE FROM HOLDING TANKS SUCH AS
VESSELS, CHEMICAL TOILETS, CAMPERS, TRAILERS, SEPTIC TANKS,
AND VACUUM-PUMP TANK TRUCKS.
(21) INDIRECT DISCHARGE. THE DISCHARGE OR THE INTRODUCTION OF
NON-DOMESTIC POLLUTANTS FROM ANY SOURCE REGULATED
UNDER SECTION 307 (B) OR (C) OF THE ACT, (33 U.S.C. 1317) INTO THE
POTW, INCLUDING HOLDING TANK WASTE DISCHARGED INTO THE
SYSTEM.
(22) INDUSTRIAL USER. 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
Page 5
PARTICULARLY SET OUT IN SECTION 4 OF THIS ORDINANCE.
(25) INTERFERENCE THE INHIBITION OF DISRUPTION OF THE POTW
TREATMENT PROCESSES OR OPERATIONS WHICH CONTRIBUTES TO
A VIOLATION OF ANY REQUIREMENTS OF THE CITY'S NPDES PERMIT.
THE TERM INCLUDES PREVENTION OF SEWAGE SLUDGE USE OR
DISPOSAL BY THE POTW IN ACCORDANCE WITH SECTION 405 OF THE
ACT (33 U.S.C. 1345) OR ANY CRITERIA, GUIDELINED, OR
REGULATIONS DEVELOPED PURSUANT TO THE SOLID WASTE
DISPOSAL ACT (SWDA); THE CLEAN AIR ACT, THE TOXIC SUBSTANCE
CONTROL ACT, OR MORE STRINGENT STATE CRITERIA (INCLUDING
THOSE CONTAINED IN ANY STATE SLUDGE MANAGEMENT PLAN
PREPARED PURSUANT TO TITLE IV OF SWDA APPLICABLE TO THE
METHOD OF DISPOSAL OF USE EMPLOYED BY THE POTW).
(2() ~~Ti T ICTR_AMS PER LITER ( x i l MILLIGRAMS PER LITER SHALL MEAN
THE SAME AS PARTS PER MILLION AND IS WEIGHT-TO-VOLUME
RATIO; THE MILLIGRAMS PER LITER VALUE MULTIPLIED BY THE
FACTOR 8.34 SHALL BE EQUIVALENT TO POUNDS PER MILLION
GALLONS OF WATER OR WASTEWATER.
(27) ~TATIOl`TAL POLLUTIOI~T DISCHARGE ELIMINATION SYSTEM OR NPDES
PERMIT. A PERMIT ISSUED PURSUANT TO SECTION 402 OF THE
ACT (33 U.S.C. 1342).
(28) NATLT_R_A~, OUTLET. ANY SURFACE OR OVERLAND OUTLET INTO A
WATERCOURSE, POND, DITCH, LAKE, OR OTHER BODY OF SURFACE
OR GROUNDWATER.
(29) 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
Page 6
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 (I)(C) OF THE
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
(B) ENTERED INTO A BINDING CONTRACTUAL OBLIGATION FOR
THE PURCHASE OF FACILITIES OR EQUIPMENT WHICH ARE
INTENDED TO BE USED IN ITS OPERATION WITHIN A
REASONABLE TIME. OPTIONS TO PURCHASE OR CONTRACTS
WHICH CAN BE TERMINATED OR MODIFIED WITHOUT
Page 7
SUBSTANTIAL LOSS, AND CONTRACTS FOR FEASIBILITY,
ENGINEERING, AND DESIGN STUDIES DO NOT CONSTITUTE
A CONTRACTUAL OBLIGATION UNDER THIS PARAGRAPH.
(30) NnRMAi. 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,.
(31) OIL. AND GREASE. ANY MATERIAL RECOVERED AS A SUBSTANCE
SOLUBLE IN THE SOLVENT.
(32) 9~$~ THE PERSON OR PERSONS WHO POSSESS ANY INTEREST
IN THE STRUCTURE OF PROPERTY TO WHICH SUCH OWNERSHIP
RELATES.
(33) PASS THROUGH. A DISCHARGE WHICH EXITS THE POTW INTO
WATERS OF THE UNITED STATES IN QUANTITIES OR
CONCENTRATIONS WHICH, ALONE OR IN CONJUNCTION WITH A
DISCHARGE OR DISCHARGES FROM OTHER SOURCES, IS A CAUSE OF A
VIOLATION OF ANY REQUIREMENT OF THE POTW'S NPDES PERMIT
(INCLUDING AN INCREASE IN THE MAGNITUDE OR DURATION OF A
VIOLATION).
(34) PERSON. ANY INDIVIDUAL, PARTNERSHIP, CO-PARTNERSHIP, FIRM,
COMPANY, CORPORATION, ASSOCIATION, JOINT STOCK COMPANY,
TRUST, ESTATE, GOVERNMENTAL ENTITY OR ANY OTHER LEGAL
ENTITY, OR THEIR LEGAL REPRESENTATIVES, AGENTS, OR ASSIGNS.
THE MASCULINE GENDER SHALL INCLUDE THE FEMININE, THE
SINGULAR SHALL INCLUDE THE PLURAL WHERE INDICATED BY THE
CONTEXT.
(35) ~ A MEASURE OF THE ACIDITY OR ALKALINITY OF A SOLUTION,
EXPRESSED IN STANDARD UNITS.
(36) POLLUTION. THE MAN-MADE OR MAN-INDUCED ALTERATION OF THE
CHEMICAL, PHYSICAL, BIOLOGICAL, AND RADIOLOGICAL INTEGRITY
OF WATER.
(37) POLLUTANT. ANY DREDGED SPOIL, SOLID WASTE, INCINERATOR
Page 8
RESIDUE, SEWAGE, GARBAGE, SEWAGE SLUDGE, MUNITIONS,
CHEMICAL WASTES, BIOLOGICAL MATERIALS, RADIOACTIVE
MATERIALS, HEAT, WRECKED OR DISCHARGED EQUIPMENT, ROCK,
SAND, CELLAR DIRT, AND INDUSTRIAL, MUNICIPAL, AND
AGRICULTURAL WASTE DISCHARGED INTO WATER.
(38) PRETREATMENT OR TREATMENT. THE REDUCTION OF THE AMOUNT
OF POLLUTANTS, THE ELIMINATION OF POLLUTANTS, OR THE
ALTERATION OF THE NATURE OF POLLUTANTS, OR THE ALTERATION
OF THE NATURE OF POLLUTANT PROPERTIES IN WASTEWATER TO A
LESS HARMFUL STATE PRIOR TO OR IN LIEU OF DISCHARGING OR
OTHERWISE INTRODUCING SUCH POLLUTANTS INTO THE POTW. THE
REDUCTION OR ALTERATION CAN BE OBTAINED BY PHYSICAL,
CHEMICAL OR BIOLOGICAL PROCESSES, OR PROCESS CHANGES BY
OTHER MEANS, EXCEPT BY DILUTION AS PROHIBITED BY 40 CFR
SECTION 403.6 (D).
(39) PRETREATMENT COORDINATOR. 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.
(40) PRETREATMENT REQUIREMENTS. ANY SUBSTANTIVE OR
PROCEDURAL REQUIREMENT RELATED TO PRETREATMENT, OTHER
THAN A NATIONAL PRETREATMENT STANDARD Il~OSED ON AN
INDUSTRIAL USER.
(41) PRETREATMENT STANDA_RT~ OR STA_NDAR1~S. ANY REGULATION
CONTAINING POLLUTANT DISCHARGE LIMITS PROMULGATED BY THE
EPA IN ACCORDANCE WITH SECTION 307 (B) AND (C) OF THE ACT,
WHICH APPLIES TO INDUSTRIAL USERS. THIS TERM INCLUDES
PROHIBITIVE DISCHARGE LIMITS ESTABLISHED PURSUANT TO 403.5.
(42) PLTBL.ICLY OWNED TREATMENT WORKS ( OP TWI. 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 SEWERS THAT CONVEY WASTEWATER TO THE POTW
TREATMENT PLANT, BUT DOES NOT INCLUDE PIPES, SEWERS OR
OTHER CONVEYANCES NOT CONNECTED TO A FACILITY PROVIDING
TREATMENT. 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.
Page 9
(43) POTW TREATMENT PLANT. THAT PORTION OF THE POTW DESIGNED
TO PROVIDE TREATMENT TO WASTEWATER.
(44) PUBLIC SEWER. A SEWER IN WHICH ALL OWNERS OF ABUTTING
PROPERTIES HAVE EQUAL RIGHTS, AND IS CONTROLLED BY
PUBLIC AUTHORITY.
(45) SANITARY SEWER. A SEWER WHICH CARRIES SEWAGE AND TO
,~ WHICH STORM, SURFACE, AND GROUND WATERS ARE NOT
,,,,. INTENTIONALLY ADMITTED.
(46) SEWAGE. 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.
(47) SEWA E T RATMENT P . NT. ANY ARRANGEMENT OF DEVICES AND
STRUCTURES USED FOR TREATING SEWAGE.
(48) SEWAGE WORKS. ALL FACILITIES FOR COLLECTING, PUMPING,
TREATING, AND DISPOSING OF SEWAGE.
(49) ~7VER. A PIPE OR CONDUIT FOR CARRYING SEWAGE.
(50) SEWER SLT_R_CFLARGE. A SEWER SERVICE CHARGE ABOVE THE
NORMAL MONTHLY SEWER RATE WHICH MAY BE ASSESSED TO
THOSE NON-RESIDENTIAL SEWER USERS WHO DISCHARGE INTO
THE WEST MEMPHIS SEWER SYSTEM WASTEWATER HAVING FIVE-
DAY BOD EXCEEDING THE LEVEL OF 250 MG~L, TOTAL SUSPENDED
,~ SOLIDS EXCEEDING THE LEVEL OF 250 MG~L, OR CONTAINING OIL
~"` AND GREASE EXCEEDING THE LEVEL OF 100 MG~L,. SUCH SURCHARGE
SHALL BE AT THE RATE SET FORTH BY THE THEN CURRENT WEST
MEMPHIS SEWER SURCHARGE RATE ORDINANCE.
(51) ~HALI~ IS MANDATORY; MAY IS PERMISSIVE.
(52) SI TNIFI NT IND T T T ER. (1) ALL DISCHARGERS SUBJECT TO
CATEGORICAL PRETREATMENT STANDARDS UNDER PARAGRAPH
403.6 AND 40 CFR CHAPTER 1, SUBCHAPTER N; AND (2) ALL NON-
CATEGORICAL DISCHARGERS THAT, IN THE OPINION OF THE
CONTROL AUTHORITY, HAVE A REASONABLE POTENTIAL TO
ADVERSELY AFFECT THE POTW'S OPERATION, OR THAT CONTRIBUTE
A PROCESS WASTESTREAM WHICH MAKES UP FIVE PERCENT OR
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MORE OF THE AVERAGE DRY WEATHER CAPACITY OF THE POTW
TREATMENT PLANT, OR THAT DISCHARGE AN AVERAGE OF 25,000
GALLONS PER DAY OR MORE OF PROCESS WASTEWATER TO THE
POTW. HOWEVER, THE CONTROL AUTHORITY NEED NOT DESIGNATE
AS SIGNIFICANT ANY NON-CATEGORICAL INDUSTRIAL USER THAT, IN
THE OPINION OF THE CONTROL AUTHORITY AND WITH THE
AGREEMENT OF THE APPROVAL AUTHORITY, HAS NO POTENTIAL FOR
ADVERSELY AFFECTING THE POTW'S OPERATION OR FOR VIOLATING
ANY PRETREATMENT STANDARD OR REQUIREMENT. THE
AGREEMENT OF THE APPROVAL AUTHORITY IS NOT NECESSARY IN
CASES WHERE THE NON-CATEGORICAL DISCHARGER WOULD HAVE
BEEN DESIGNATED AS SIGNIFICANT ONLY BECAUSE OF AN AVERAGE
DISCHARGE OF 25,000 GALLONS PER DAY OR MORE PROCESS
WASTEWATER.
(53) SLUG. ANY POLLUTANT, INCLUDING OXYGEN DEMANDING
POLLUTANTS (BOD, ETC.) RELEASED IN A DISCHARGE AT A FLOW
RATE AND\OR POLLUTANT CONCENTRATION WHICH WILL CAUSE
INTERFERENCE WITH THE POTW.
(54) STANDARi~ INDUSTRIAL CLASSIFICATION (SI('l. A CLASSIFICATION
PURSUANT TO THE STANDARD INDUSTRIAL CLASSIFICATION
MANUAL ISSUED BY THE EXECUTIVE OFFICE OF THE PRESIDENT,
OFFICE OF MANAGEMENT AND BUDGET, 1972.
(55) STANDARD METHODS. THE EXAMINATIONS AND ANALYTICAL
PROCEDURES SET FORTH IN THE LATEST EDITION, AT THE TIME
OF ANALYSIS, OF "STANDARD METHODS FOR THE EXAMINATION
OF WATER AND WASTEWATER" AS PREPARED, APPROVED AND
~ PUBLISHED JOINTLY BY THE AMERICAN PUBLIC HEALTH
ASSOCIATION, THE AMERICAN WATER WORKS ASSOCIATION, AND
~rr,
(56) STATE. STATE OF ARKANSAS.
(57) STORM SEWER. A SEWER WHICH CARRIES STORM AND SURFACE
WATERS AND DRAINAGE, BUT EXCLUDES SEWAGE AND INDUSTRIAL
WASTES, OTHER THAN UNPOLLUTED COOLING WATER.
(58) STORM WATER. ANY FLOW OCCURRING DURING OR FOLLOWING ANY
FORM OF NATURAL PRECIPITATION AND RESULTING THERE FROM.
(59) SUSPENDED SOLIDS. THE TOTAL SUSPENDED MATTER THAT FLOATS
ON THE SURFACE OF, OR IS SUSPENDED IN, WATER, WASTEWATER OR
THE WATER POLLUTION CONTROL FEDERATION.
Page 11
OTHER LIQUIDS, AND WHICH IS REMOVABLE BY LABORATORY
FILTERING.
(60) TO DISCHARGE. TO DEPOSIT, CONDUCT, DRAIN, EMIT, THROW, RUN,
ALLOW TO SEEP, OR OTHERWISE RELEASE OR DISPOSE OF, OR TO
ALLOW, PERMIT, OR SUFFER, ANY OF THESE ACTIONS OR OMISSIONS.
(61) 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.
(62) TRAP OR INTERCEPTOR. A DEVICE DESIGNED TO SKIM, SETTLE, OR
OTHERWISE REMOVE GREASE, OIL, SAND, FLAMMABLE WASTES OR
OTHER HARMFUL SUBSTANCES.
(63) i TNPOL.L•UTED WATER WATER CONTAINING:
(A) NO FREE OR EMULSIFIED GREASE OR OIL;
(B) NO ACIDS OR ALKALIS;
(C) NO PHENOLS OR OTHER SUBSTANCES PRODUCING TASTE OR
ODOR IN RECEIVING WATER;
(D) NO TOXIC OR POISONOUS SUBSTANCES IN SUSPENSION,
COLLOIDAL STATE, OR SOLUTION;
(E) NO NOXIOUS OR OTHERWISE OBNOXIOUS OR ODOROUS
GASES;
(F) NOT MORE THAN AN INSIGNIFICANT AMOUNT IN MG~I. EACH
OF SUSPENDED SOLIDS AND BIOCHEMICAL OXYGEN DEMAND,
AS DETERMINED BY THE GOVERNING BOARD; AND
(G) COLOR NOT EXCEEDING FIFTY (50) UNITS AS MEASURED
BY THE PLATINUM-COBALT METHOD OF DETERNIINING AS
SET FORTH IN "STANDARD METHODS".
(64) T1yT T. BOD. FIVE-DAY BIOCHEMICAL OXYGEN DEMAND (BODS)
EXCEEDING THE LEVEL OF 250 MG~L,.
(65) i TNi 1Si JAT OIL. AND GREASE. OIL AND GREASE EXCEEDING THE
LEVEL OF 100 MG~I,.
Page 12
(66) I TNT TST JAI SUSPENDED SOLIDS TOTAL SUSPENDED SOLIDS
EXCEEDING THE LEVEL OF 250 MG~I,.
(67) USER. ANY PERSON WHO CONTRIBUTES, CAUSES OR PERMITS THE
CONTRIBUTION OF WASTEWATER INTO THE CITY'S POTW.
(68) WASTEWATER. THE LIQUID AND WATER-CARRIED INDUSTRIAL OR
DOMESTIC WASTES FROM DWELLINGS, COMMERCIAL BUILDINGS,
INDUSTRIAL FACILITIES, AND INSTITUTIONS, TOGETHER WITH
ANY GROUND WATER, SURFACE WATER, AND STORM WATER THAT
MAYBE PRESENT, WHETHER TREATED OR UNTREATED, WHICH IS
CONTRIBUTED INTO OR PERMITTED TO ENTER THE POTW.
(69) WATERCOURSE. A CHANNEL IN WHICH A FLOW OF WATER OCCURS,
EITHER CONTINUOUSLY OR INTERMITTENTLY.
(70) WATERS OF THE STATE. ALL STREAMS, LAKES, PONDS, MARSHES,
WATERCOURSES, WATERWAYS, WELLS, SPRINGS, RESERVOIRS,
AQUIFERS, IRRIGATION SYSTEMS, DRAINAGE SYSTEMS AND ALL
OTHER BODIES OR ACCUMULATIONS OF WATER, SURFACE OR
UNDERGROUND, NATURAL OR ARTIFICIAL, PUBLIC OR PRIVATE,
WHICH ARE CONTAINED WITHIN, FLOW THROUGH, OR BORDER UPON
THE STATE OR ANY PORTION THEREOF.
THE FOLLOWING ABBREVIATIONS SHALL HAVE THE DESIGNATED
MEANINGS:
P BOD BIOCHEMICAL OXYGEN DEMAND
CFR CODE OF FEDERAL REGULATIONS
''' COD CHEMICAL OXYGEN DEMAND
EPA ENVIRONMENTAL PROTECTION AGENCY
GPD GALLONS PER DAY
MG~I, MILLIGRAMS PER LITER
NPDES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
POTW PUBLICLY OWNED TREATMENT WORKS
RCRA RESOURCE CONSERVATION AND RECOVERY ACT
SIC STANDARD INDUSTRIAL CLASSIFICATION
SWDA SOLID WASTE DISPOSAL ACT, 42 U.S.C. 6901 ET SEQ.
TSS TOTAL SUSPENDED SOLIDS
USC UNITED STATES CODE
Page 13
SECTION 2. REGULATIONS
2.1 NO PERSON SHALL DISCHARGE OR CAUSE TO BE DISCHARGED ANY
5TORMWATER, SURFACE WATER, GROUNDWATER, ROOF RUNOFF,
SUBSURFACE DRAINAGE, UNCONTAMINATED COOLING WATER, OR
UNPOLLUTED INDUSTRIAL PROCESS WATER TO ANY SANITARY SEWER.
2.2 STORMWATER AND ALL OTHER UNPOLLUTED DRAINAGE SHALL BE
DISCHARGED TO SEWERS SPECIFICALLY DESIGNATED AS STORM SEWERS
OR TO A NATURAL OUTLET. PERSONS DISCHARGING INDUSTRIAL
WASTEWATER TO STORM SEWERS OR NATURAL OUTLETS SHALL BE
RESPONSIBLE FOR OBTAINING APPROPRIATE PERMIT TO DO SO FROM THE
ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY AND
FROM THE ENVIRONMENTAL PROTECTION AGENCY.
2.3 NO PERSON SHALL DISCHARGE OR CAUSE TO BE DISCHARGED INTO
THE POTW ANY POLLUTANT OR WASTEWATER WHICH CAUSES PASS
THROUGH OR INTERFERENCE. THESE GENERAL PROHIBITIONS APPLY TO
ALL USERS OF THE POTW WHETHER OR NOT THEY ARE SUBJECT TO
SUBJECT TO CATEGORICAL PRETREATMENT STANDARDS OR ANY OTHER
NATIONAL, STATE, OR LOCAL PRETREATMENT STANDARDS OR
REQUIREMENTS.
2.4 NO PERSON SHALL DISCHARGE OR CAUSE TO BE DISCHARGED ANY
OF THE FOLLOWING DESCRIBED WATERS OR WASTES TO ANY PUBLIC
SANITARY SEWER:
(1) POLLUTANTS WHICH CREATE A FIRE OR EXPLOSION HAZARD IN THE
POTW, INCLUDING, BUT NOT LIMITED TO, WASTESTREAMS WITH A
CLOSED CUP FLASHPOINT OF LESS THAN 140 DEGREES FAHRENHEIT
OR 60 DEGREES CENTIGRADE USING TEST METHODS SPECIFIED IN 40
CFR 261.21;
(2) POLLUTANTS WHICH WILL CAUSE CORROSIVE STRUCTURAL DAMAGE
TO THE POTW, BUT IN NO CASE DISCHARGES WITH pH LOWER THAN 5.5
OR HIGHER THAN 10.0 (ANY PH ABOVE 12.5 IS CONSIDERED
HAZARDOUS UNDER 40 CFR 261.22) OR HAVING ANY OTHER
CORROSIVE PROPERTY CAPABLE OF CAUSING DAMAGE OR HAZARD
TO STRUCTURES, EQUIPMENT AND PERSONNEL AT THE SEWAGE
WORKS;
(3) SOLID OR VISCOUS POLLUTANTS IN AMOUNTS WHICH WILL CAUSE
OBSTRUCTION TO THE FLOW IN THE POTW RESULTING IN
INTERFERENCE;
Page 14
(4) ANY POLLUTANT, INCLUDING OXYGEN DEMANDING POLLUTANTS
(BOO, ETC.) RELEASED IN A DISCHARGE AT A FLOW RATE AND\OR
POLLUTANT CONCENTRATION WHICH, EITHER SINGLY OR BY
INTERACTION WITH OTHER POLLUTANTS, WII.L CAUSE
INTERFERENCE WITH THE POTW;
(5) HEAT IN AMOUNTS WHICH WILL INHIBIT BIOLOGICAL ACTIVITY IN
THE POTW RESULTING IN INTERFERENCE, BUT IN NO CASE HEAT IN
SUCH QUANTITIES THAT THE TEMPERATURE AT THE POINT OF
DISCHARGE INTO THE POTW EXCEEDS FORTY (40) DEGREES
CENTIGRADE OR ONE HUNDRED FOUR (104) DEGREES FAHRENHEIT;
(6) PETROLEUM OIL, NON-BIODEGRADABLE CUTTING OIL, OR
PRODUCTS OF MINERAL OIL ORIGIN IN AMOUNTS THAT WILL CAUSE
INTERFERENCE WITH THE POTW;
(7) POLLUTANTS WHICH RESULTS IN THE PRESENCE OF TOXIC GASSES,
GASSES, VAPORS, OR FUMES WITHIN THE POTW IN A QUANTITY
THAT MAY CAUSE ACUTE WORKER HEALTH AND SAFETY PROBLEMS.
2. S ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS:
AT LEAST ONCE EVERY TWO (2) YEARS, THE PRETREATMENT
COORDINATOR SHALL EVALUATE WHETHER EACH SIGNIFICANT
INDUSTRIAL USER NEED AN ACCIDENTAL DISCHARGE/SLUG CONTROL
PLAN. THE PRETREATMENT COORDINATOR MAY REQUIRE ANY USER TO
DEVELOP, SUBMIT FOR APPROVAL, AND IMPLEMENT SUCH A PLAN.
ALTERNATIVELY, THE PRETREATMENT COORDINATOR MAY DEVELOP
SUCH A PLAN FOR ANY USER. AN ACCIDENTAL DISCHARGE/SLUG
CONTROL PLAN SHALL ADDRESS, AT A MINIMUM, THE FOLLOWING:
(1) DESCRIPTION OF DISCHARGE PRACTICES, INCLUDING NONROUTINE
BATCH DISCHARGES;
(2) DESCRIPTION OF STORED CHEMICALS;
(3) PROCEDURES FOR IMMEDIATELY NOTIFYING THE PRETREATMENT
COORDINATOR OF ANY ACCIDENTAL OR SLUG DISCHARGE, AS
REQUIRED BY THIS ORDINANCE AND THE INDUSTRIAL WASTE
DISCHARGE PERMIT; AND
(4) PROCEDURES TO PREVENT ADVERSE IMPACT FORM ANY ACCIDENTAL
OR SLUG DISCHARGE. SUCH PROCEDURES INCLUDE, BUT NOT
LIMITED TO, INSPECTION AND MAINTENANCE OF STORAGE AREAS,
Page 15
HANDLING AND TRANSFER OF MATERIALS, LOADING AND UNLOADING
OPERATIONS, CONTROL OF PLANT SITE RUN-OFF, WORKER TRAINING,
BUILDING OF CONTAINMENT STRUCTURES OR EQUIPMENT, MEASURES
FOR CONTAINING TOXIC ORGANIC POLLUTANTS, INCLUDING
SOLVENTS, AND/OR MEASURES AND EQUIPMENT FOR EMERGENCY
RESPONSE.
2.6 HAULED WASTEWATER:
(1) SEPTIC TANK WASTE MAY BE INTRODUCED INTO THE POTW ONLY AT
LOCATIONS DESIGNATED BY THE PRETREATMENT COORDINATOR,
AND AT SUCH TIMES AS ARE ESTABLISHED BY THE PRETREATMENT
COORDINATOR. SUCH WASTE SHALL NOT VIOLATE SECTION 2 OF THIS
ORDINANCE OR ANY OTHER REQUIREMENTS ESTABLISHED BY THE
GOVERNING BOARD. THE PRETREATMENT COORDINATOR MAY
REQUIRE SEPTIC TANK WASTE HAULERS TO OBTAIN A WASTEWATER
DISCHARGE PERMITS.
(2) THE PRETREATMENT COORDINATOR SHALL REQUIRE HAULERS OF
INDUSTRIAL WASTE TO OBTAIN WASTEWATER DISCHARGE PERMITS.
THE PRETREATMENT COORDINATOR MAY REQUIRE GENERATORS OF
HAULED INDUSTRIAL WASTE TO OBTAIN WASTEWATER DISCHARGE
PERMITS. THE PRETREATMENT COORDINATOR ALSO MAY PROHIBIT
THE DISPOSAL OF HAULED INDUSTRIAL WASTE. THE DISCHARGE OF
HAULED INDUSTRIAL WASTE IS SUBJECT TO ALL OTHER
REQUIREMENTS OF THIS ORDINANCE.
(3) INDUSTRIAL WASTE HAULERS MAY DISCHARGE LOADS ONLY AT
LOCATIONS DESIGNATED BY THE PRETREATMENT COORDINATOR. NO
LOAD MAY BE DISCHARGED WITHOUT PRIOR CONSENT OF THE
PRETREATMENT COORDINATOR. THE PRETREATMENT COORDINATOR
~``~ MAY COLLECT SAMPLES OF EACH HAULED LOAD TO ENSURE
COMPLIANCE WITH APPLICABLE STANDARDS. THE PRETREATMENT
COORDINATOR MAY REQUIRE THE INDUSTRIAL WASTE HAULER TO
PROVIDE A WASTE ANALYSIS OF ANY LOAD PRIOR TO DISCHARGE.
(4) INDUSTRIAL WASTE HAULERS MUST PROVIDE A WASTE TRACKING
FORM FOR EVERY LOAD. THIS FORM SHALL INCLUDE, AT A MINIMUM,
THE NAME AND ADDRESS OF THE INDUSTRIAL WASTE HAULER,
PERMIT NUMBER, TRUCK IDENTIFICATION, NAMES AND ADDRESSES
OF SOURCES OF WASTE, AND VOLUME AND CHARACTERISTICS OF
WASTE. THE FORM SHALL IDENTIFY THE TYPE OF INDUSTRY,
KNOWN OR SUSPECTED WASTE CONSTITUENTS, AND WHETHER ANY
WASTES ARE RCRA HAZARDOUS WASTES.
Page 16
2.7 SPECIFIC' POLL LITANY LIMITA TIONS:
NO PERSON SHALL DISCHARGE SPECIFIC POLLUTANT LIMITATION IN
EXCESS OF THESE CONCENTRATIONS:
DAILY MONTHLY
MA,~~IMUM AVERAGE
CADMIUM 0.69 MG/L 0.26 MG/L
CHROMIUM 2.77 MG/L 1.71 MG/L
COPPER 3.3 8 MG/L 2.07 MG~I,
~
CYANIDE 1.20 MG/L 0.65 MG~I.
LEAD 0.69 MG/L 0.43 MG/L
NICKEL 3.98 MG/L 2.38 MG/L
SILVER 0.43 MG/L 0.24 MG/L
ZINC 2.61 MG/L 1.48 MG/L
THE GOVERNING BOARD AND THE CITY RESERVES THE RIGHT TO
ESTABLISH BY ORDINANCE OR IN WASTEWATER DISCHARGE PERMITS,
MORE STRINGENT STANDARDS OR REQUIREMENTS ON DISCHARGES TO
THE POTW TO COMPLY WITH THE OBJECTIVES PRESENTED IN SECTION 1.1
OF THIS ORDINANCE.
2.8 DIL UTION.~
NO USER SHALL EVER INCREASE THE USE OF PROCESS WATER, OR IN ANY
WAY ATTEMPT TO DILUTE A DISCHARGE, AS A PARTIAL OR COMPLETE
SUBSTITUTE FOR ADEQUATE TREATMENT TO ACHIEVE COMPLIANCE
WITH A DISCHARGE LIMITATION UNLESS EXPRESSLY AUTHORIZED BY AN
APPLICABLE PRETREATMENT STANDARD OR REQUIREMENT. THE
PRETREATMENT COORDINATOR MAY IMPOSE MASS LIMITATIONS ON
USERS WHO ARE USING DILUTION TO MEET APPLICABLE PRETREATMENT
STANDARDS OR REQUIREMENTS, OR IN OTHER CASE WHEN THE
IlVIPOSITION OF MASS LIMITATIONS IS APPROPRIATE.
2.9 THE CATEGORICAL PRETREATMENT STANDARDS FOUND AT 40 CFR
CHAPTER I, SUBCHAPTER N, PARTS 405-471 ARE HEREBY INCORPORATED.
(1) WHERE A CATEGORICAL PRETREATMENT STANDARD IS EXPRESSED
ONLY IN TERMS OF EITHER THE MASS OR CONCENTRATION OF A
POLLUTANT IN WASTEWATER, THE PRETREATMENT COORDINATOR
MAY IMPOSE EQUIVALENT CONCENTRATION OR MASS LIMITS IN
ACCORDANCE WITH 40 CFR 403.6(C).
(2) WHEN WASTEWATER SUBJECT TO A CATEGORICAL PRETREATMENT
STANDARD IS MIXED WITH WASTEWATER NOT REGULATED BY THE
Page 17
SAME STANDARD, THE PRETREATMENT COORDINATOR SHALL IMPOSE
AN ALTERNATE LIMIT USING THE COMBINED WASTESTREAM
FORMULA IN 40 CFR 403.6(E).
(3) A USER MAY OBTAIN A VARIANCE FROM A CATEGORICAL
PRETREATMENT STANDARD IF THE USER CAN PROVE, PURSUANT TO
THE PROCEDURAL AND SUBSTANTIVE PROVISIONS IN 40 CFR 403.13,
THAT FACTORS RELATING TO ITS DISCHARGE ARE FUNDAMENTALLY
DIFFERENT FROM THE FACTORS CONSIDERED BY EPA WHEN
DEVELOPING THE CATEGORICAL PRETREATMENT STANDARD.
(4) A USER MAY OBTAIN A NET GROSS ADJUSTMENT TO A CATEGORICAL
STANDARD IN ACCORDANCE WITH 40 CFR 403.15.
2.10 IF WATERS OR WASTES ARE DISCHARGED, OR ARE PROPOSED TO BE
DISCHARGED, TO THE POTW, WHICH CONTAIN THE SUBSTANCES OR
POSSESS THE CHARACTERISTICS ENUMERATED IN SECTION 2.3 OR
SECTION 2.4 OF THIS ORDINANCE, 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;
(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 POLLUTION
CONTROL AND ECOLOGY, THE ARKANSAS DEPARTMENT OF HEALTH,
AND THE U. S. ENVIRONMENTAL PROTECTION AGENCY;
Page 1 S
t
(6) COMMENCE ANY ACTION FOR APPROPRIATE LEGAL AND\OR
EQUITABLE RELIEF, INCLUDING BUT NOT LIMITED TO INJUNCTIVE
RELIEF, IN ANY COURT OF APPROPRIATE JURISDICTION.
2.11 GREASE, OIL AND SAND INTERCEPTORS (TRAPS) SHALL BE PROVIDED
WHEN, IN THE OPINION OF THE GOVERNING BOARD THEY ARE
NECESSARY FOR THE PROPER HANDLING OF LIQUID WASTES CONTAINING
';~ OIL AND GREASE IN EXCESSIVE AMOUNTS, OR ANY FLANIlVIABLE WASTES,
,~ SAND OR OTHER HARMFUL SUBSTANCES; 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 GOVERNING BOARD, AND SHALL BE
LOCATED AS TO BE READILY AND EASILY ACCESSIBLE FOR CLEANING
AND INSPECTION. ALL INTERCEPTORS SHALL BE MAINTAINED BY THE
OWNER, AT HIS EXPENSE, IN PROPER OPERATING CONDITION.
2.12 WHERE PRETREATMENT OF 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.
2.13 WHEN REQUIRED BY THE GOVERNING BOARD, 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
GOVERNING BOARD. 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.
2.14 ALL MEASUREMENTS, TESTS AND ANALYSES OF THE
CHARACTERISTICS OF WATERS AND WASTES TO WHICH REFERENCE IS
MADE IN THIS ORDINANCE SHALL BE DETERMINED IN ACCORDANCE WITH
PROCEDURES CONTAINED IN 40 CFR 136 AND AMENDMENTS THERETO.
WHERE 40 CFR 136 DOES NOT INCLUDE SAMPLING OR ANALYTICAL
TECHNIQUES FOR THE POLLUTANTS IN QUESTION, SAMPLING AND
ANALYSES SHALL BE PERFORMED USING EPA APPROVED ANALYTICAL
METHODS. ANALYSES SHALL BE DETERMINED ON SUITABLE SAMPLES
TAKEN AT THE CONTROL MANHOLE OR OTHER POINT ON THE BUILDING
SEWER OR IN THE OWNER'S PROCESS WASTEWATER FLOW AS DEEMED
APPROPRIATE BY THE GOVERNING BOARD. SAMPLING SHALL BE CARRIED
Page 19
OUT BY CUSTOMARILY ACCEPTED METHODS TO REFLECT THE EFFECT OF
CONSTITUENTS UPON THE POTW AND TO DETERMINE THE EXISTENCE OF
HAZARDS TO LIFE, LIMB, AND PROPERTY. (THE PARTICULAR ANALYSES
INVOLVED WILL DETERMINE THE TYPE OF SAMPLE TO BE TAKEN.
NORMALLY, BUT NOT ALWAYS, BOD AND TSS ANALYSES ARE OBTAINED
FROM 24-HOUR COMPOSITE SAMPLES, WHEREAS PH'S, CYANIDES,
TEMPERATURE, AND OIL AND GREASE ARE DETERMINED FROM PERIODIC
GRAB SAMPLES).
SECTION 3. FEES
3.1 PURPOSE:
IT IS THE PURPOSE OF THIS CHAPTER TO PROVIDE FOR THE RECOVERY OF
COSTS FROM USERS OF THE CITY'S WASTEWATER DISPOSAL SYSTEM FOR
THE IMPLEMENTATION OF THE PROGRAM ESTABLISHED HEREIN. THE
APPLICABLE CHARGES OR FEES SHALL BE SET FORTH IN THE CITY'S
SCHEDULE OF CHARGES AND FEES.
3.2 CHARGES AND FEES:
(I) THE GOVERNING BOARD MAY ADOPT SEWER SURCHARGE RATES FOR
THE WEST MEMPHIS UTILITY TO ACCEPT:
(A) UNUSUAL BIOCHEMICAL OXYGEN DEMAND (BOD); OR
(B) UNUSUAL SUSPENDED SOLIDS (TSS); OR
(C) UNUSUAL OIL AND GREASE.
i (2) THE GOVERNING BOARD MAY ESTABLISH FEES FOR:
`"fir'
(A) REVIEWING APPLICATIONS FOR AND ISSUING INDUSTRIAL WASTE
DISCHARGE PERMITS;
(B) REIMBURSEMENT OF COSTS OF ADMINISTRATION AND OPERATION
OF THE WEST MEMPHIS INDUSTRIAL PRETREATMENT PROGRAM;
(C) INSPECTIONS;
(D) SURVEILLANCE AND COMPLIANCE MONITORING; AND
(E) OTHER FEES AS THE GOVERNING BOARD MAY DEEM NECESSARY
TO ADMINISTER THE REQUIREMENTS OF THE WEST MEMPHIS
INDUSTRIAL PRETREATMENT PROGRAM AND THE WEST MEMPHIS
Page 20
SEWER USE ORDINANCE.
SECTION 4. ADMINISTRATION
-~ .
4. I USE OF PUBLIC SEWERS REQUIRED:
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 OF OTHER
POLLUTED WATERS, WITHOUT FIRST HAVING OBTAINED APPROPRIATE
PERMITS TO DO SO FROM THE ARKANSAS DEPARTMENT OF POLLUTION
CONTROL AND ECOLOGY; AND FROM THE ENVIRONMENTAL PROTECTION
AGENCY.
4.2 EXCESSIVE DISCHARGE:
IT SHALL BE UNLAWFUL FOR ANY INDUSTRIAL USER TO EVER INCREASE
THE USE OF PROCESS WATER OR, IN ANY WAY, ATTEMPT TO DILUTE A
DISCHARGE AS A PARTIAL OR COMPLETE SUBSTITUTE FOR ADEQUATE
TREATMENT TO ACHIEVE COMPLIANCE WITH THE LIMITATIONS
CONTAINED IN THE FEDERAL CATEGORICAL PRETREATMENT STANDARDS,
OR IN ANY OTHER POLLUTANT SPECIFIC LIMITATION DEVELOPED BY THE
CITY OR STATE. (COMMENT -DILUTION MAY BE AN ACCEPTABLE MEANS
OF COMPLYING WITH SOME OF THE PROHIBITIONS SET FORTH IN SECTION
2, E.G. THE PH PROHIBITION).
4.3 BYPASS:
(1) FOR THE PURPOSES OF THIS SECTION,
(A) "BYPASS" MEANS THE INTENTIONAL DIVERSION OF
WASTESTREAMS FROM ANY PORTION OF A USER'S TREATMENT
FACILITY.
~~
(B) "SEVERE PROPERTY DAMAGE MEANS SUBSTANTIAL PHYSICAL
DAMAGE TO PROPERTY, DAMAGE TO THE TREATMENT FACILITIES
WHICH CAUSES THEM TO BECOME INOPERABLE, OR SUBSTANTIAL
AND PERMANENT LOSS OF NATURAL RESOURCES WHICH CAN
REASONABLY BE EXPECTED TO OCCUR IN THE ABSENCE OF A
BYPASS. SEVERE PROPERTY DAMAGE DOES NOT MEAN
ECONOMIC LOSS CAUSED BY DELAYS IN PRODUCTION.
(2) A USER MAY ALLOW ANY BYPASS TO OCCUR WHICH DOES NOT CAUSE
PRETREATMENT STANDARDS OR REQUIREMENTS TO BE VIOLATED,
BUT ONLY IF IT ALSO IS FOR ESSENTIAL MAINTENANCE TO ASSURE
Page 21
EFFICIENT OPERATION. THESE BYPASSES ARE NOT SUBJECT TO THE
PROVISION OF PARAGRAPHS (3) AND (4) OF THIS SECTION.
(3) (A) IF A USER KNOWS IN ADVANCE OF THE NEED FOR A BYPASS, IT
SHALL SUBMIT PRIOR NOTICE TO THE PRETREATMENT
COORDINATOR, AT LEAST TEN (10) DAYS BEFORE THE DATE OF
THE BYPASS, IF POSSIBLE.
(B) A USER SHALL SUBMIT ORAL NOTICE TO THE PRETREATMENT
~ COORDINATOR OF AN UNANTICIPATED BYPASS THAT EXCEEDS
APPLICABLE PRETREATMENT STANDARDS WITHIN TWENTY-FOUR
(24) HOURS FROM THE TIME IT BECOMES AWARE OF THE BYPASS.
A WRITTEN SUBMISSION SHALL ALSO BE PROVIDED WITHIN FIVE
(5) DAYS OF THE TIME THE USER BECOMES AWARE OF THE
BYPASS. THE WRITTEN SUBMISSION SHALL CONTAIN A
DESCRIPTION OF THE BYPASS AND ITS CAUSE; THE DURATION OF
THE BYPASS, INCLUDING EXACT DATES AND TIMES, AND, IF THE
BYPASS HAS NOT BEEN CORRECTED, THE ANTICIPATED TIME IT IS
EXPECTED TO CONTINUE; AND STEPS TAKEN OR PLANNED TO
REDUCE, ELIMINATE, AND PREVENT REOCCURRENCE OF THE
BYPASS. THE PRETREATMENT COORDINATOR MAY WAIVE THE
WRITTEN REPORT ON A CASE-BY-CASE BASIS IF THE ORAL REPORT
HAS BEEN WITHIN TWENTY-FOUR (24) HOURS.
(4) (A) BYPASS IS PROHIBITED, AND THE PRETREATMENT COORDINATOR
MAY TAKE AN ENFORCEMENT ACTION AGAINST A USER FOR A
BYPASS, UNLESS
(a) BYPASS WAS UNAVOIDABLE TO PREVENT LOSS OF LIFE,
PERSONAL INJURY, OR SEVERE PROPERTY DAMAGE;
(b) THERE WERE NO FEASIBLE ALTERNATIVES TO THE BYPASS,
SUCH AS THE USE OF AUXILIARY TREATMENT FACILITIES,
RETENTION OF UNTREATED WASTE, OR MAINTENANCE
DURING NORMAL PERIODS OF EQUIPMENT DOWNTIME. THIS
CONDITION IS NOT SATISFIED IF ADEQUATE BACK-UP
EQUIPMENT SHOULD HAVE BEEN INSTALLED IN THE EXERCISE
OF REASONABLE ENGINEERING JUDGMENT TO PREVENT A
BYPASS WHICH OCCURRED DURING NORMAL PERIOD OF
EQUIPMENT DOWNTIME OR PREVENTIVE MAINTENANCE; AND
(c) THE USER SUBMITTED NOTICES AS REQUIRED UNDER
PARAGRAPH (3) OF THIS SECTION.
(B) THE PRETREATMENT COORDINATOR MAY APPROVE
Page 22
ANTICIPATED BYPASS, AFTER CONSIDERING ITS ADVERSE
EFFECTS, IF THE PRETREATMENT COORDINATOR DETERMINES
THAT IT WILL MEET THE THREE (3) CONDITIONS LISTED IN
PARAGRAPH (4) (A) OF THIS SECTION.
4.4 BUILDING SEWERS AND CONNECTIONS:
(1) THERE SHALL BE TWO (2) CLASSES OF BUII.DING SEWER PERMITS:
~ 1) FOR RESIDENTIAL AND COMMERCIAL SERVICES; AND 2) FOR
SERVICE TO ESTABLISFIlVIENTS PRODUCING INDUSTRIAL WASTES-
,,.' (ENTITLED INDUSTRIAL WASTES DISCHARGE PERMIT). IN EITHER
CASE, THE OWNER OR HIS AGENT SHALL MAKE APPLICATION ON A
SPECIAL FORM FURNISHED BY THE GOVERNING BOARD. THE PERMIT
APPLICATION SHALL BE SUPPLEMENTED BY ANY PLANS,
SPECIFICATIONS, OR OTHER INFORMATION CONSIDERED PERTINENT
BY THE GOVERNING BOARD.
(A) ALL NEW ESTABLISHMENTS PRODUCING INDUSTRIAL WASTES
SHALL APPLY FOR AND OBTAIN A INDUSTRIAL WASTE DISCHARGE
PERMIT BEFORE CONNECTING OR DISCHARGING TO THE
MUNICIPAL WASTEWATER SYSTEM.
(B) ALL INDUSTRIES OR OTHER DISCHARGERS NOW CONNECTED TO
THE MUNICIPAL SYSTEM MAY CONTINUE TO DISCHARGE
THERETO UNTIL SUCH TIME AS THE GOVERNING BOARD TAKES
FINAL ACTION ON THE INDUSTRIAL WASTE DISCHARGE PERMIT
APPLICATION.
(2) THE APPLICATION FOR THE INDUSTRIAL WASTE DISCHARGE PERMIT
{` SHALL CONTAIN BUT NOT LIMITED TO, THE FOLLOWING
INFORMATION: STANDARD INDUSTRIAL CLASSIFICATION; NAME AND
ADDRESS; VOLUME OF WASTEWATER TO BE DISCHARGED;
WASTEWATER CONSTITUENTS AND CHARACTERISTICS; TIME AND
DURATION OF DISCHARGE; AVERAGE WASTEWATER FLOW RATES,
INCLUDING DAILY, MONTHLY AND SEASONAL VARIATIONS; SITE
PLANS AND FLOOR PLANS SHOWING ALL DRAINS AND SEWERS; AND
DESCRIPTION OF ACTIVITIES, FACILITIES AND PLANT PROCESSES.
(3) FEE FOR PERMITS TO DISCHARGE INDUSTRIAL WASTES INTO THE
WEST MEMPHIS SEWER SHALL BE INDIVIDUALLY DETERMINED BY
THE GOVERNING BOARD. THE FEES FOR INDUSTRIAL WASTE
DISCHARGE PERMITS SHALL INCLUDE ALL COSTS AND EXPENSES OF
THE GOVERNING BOARD INCIDENT TO THE EVALUATION OF A PERMIT
APPLICATION AND THE ISSUANCE OF A PERMIT.
Page 23
1,
(4) FOR PERMITS FOR SERVICE TO PROPOSED ESTABLISHMENTS
PRODUCING INDUSTRIAL WASTES, THE GOVERNING BOARD MAY
REQUIRE THE OWNER OR AGENT TO PROVIDE, AS A SUPPLEMENT TO
THE PERMIT APPLICATION, EVIDENCE THAT A PERMIT FOR SUCH
CONSTRUCTION, INSTALLATION, MODIFICATION AND/OR OPERATION
HAS BEEN OBTAINED FROM THE ARKANSAS STATE POLLUTION
CONTROL COMMISSION AS REQUIRED BY ARKANSAS CODE
ANNOTATED SECTION 8-4-217 OF THE ARKANSAS WATER AND AIR
~ POLLUTION ACT OF 1949 AS AMENDED.
(5) INDUSTRIAL WASTEWATER DISCHARGE PERMITS SHALL BE
EXPRESSLY SUBJECT TO ALL PROVISIONS OF THIS ORDINANCE AND
ALL OTHER APPLICABLE REGULATIONS AS DETERMINED BY THE
GOVERNING BOARD. PERMITS MAY CONTAIN THE FOLLOWING:
(A) THE UNIT CHARGE OR SCHEDULE OF USER CHARGES AND FEES
FOR THE WASTEWATER TO BE DISCHARGED TO THE PUBLIC
SEWER;
(B) LIMITS ON THE AVERAGE AND MAXIMUM WASTEWATER
CONSTITUENTS AND CHARACTERISTICS;
(C) LIMITS ON AVERAGE AND MA~S:IMLTM RATE AND TIME OF
DISCHARGE OR REQUIREMENTS FOR FLOW REGULATIONS AND/OR
EQUALIZATION;
(D) REQUIREMENTS FOR INSTALLATION AND MAINTENANCE OF
INSPECTION AND SAMPLING FACILITIES;
(E) PRETREATMENT REQUIREMENTS;
i
"` (F) COMPLIANCE SCHEDULES;
(G) SPECIFICATION FOR MONITORING PROGRAMS, WHICH MAY
INCLUDE SAMPLING LOCATIONS, FREQUENCY AND METHOD OF
SAMPLING, NUMBER, TYPES AND STANDARDS FOR TESTS, AND
REPORTING SCHEDULE;
(H) REQUIREMENTS FOR SUBMITTAL OF TECHNICAL REPORTS OR
DISCHARGE REPORTS;
(I) USERS SUBJECT TO THE REPORTING REQUIREMENTS OF THIS
ORDINANCE SHALL RETAIN, AND MAKE AVAILABLE FOR
INSPECTION AND COPYING, ALL RECORDS OF INFORMATION
Page 24
1
OBTAINED PURSUANT TO ANY MONITORING ACTIVITIES
REQUIRED BY THIS ORDINANCE AND ANY ADDITIONAL RECORDS
OF INFORMATION OBTAINED PURSUANT TO MONITORING
ACTIVITIES UNDERTAKEN BY THE USER INDEPENDENT OF SUCH
REQUIREMENTS. RECORDS SHALL INCLUDE THE DATE, EXACT
PLACE, METHOD, AND TIME OF SAMPLING, AND THE NAME OF
THE OF THE PERSON(S) TAKING THE SAMPLES; THE DATES
ANALYSES WERE PERFORMED; WHO PERFORMED THE ANALYSES;
THE ANALYTICAL TECHNIQUES OR METHODS USED; AND THE
RESULTS OF SUCH ANALYSES. THESE RECORDS SHALL REMAIN
AVAII,ABLE FOR A PERIOD OF AT LEAST THREE (3) YEARS. THIS
PERIOD SHALL BE AUTOMATICALLY EXTENDED FOR THE
DURATION OF ANY LITIGATION CONCERNING THE USER OR
GOVERNING BOARD, OR WHERE THE USER HAS BEEN
SPECIFICALLY NOTIFIED OF A LONGER RETENTION PERIOD BY
THE PRETREATMENT COORDINATOR;
~/
(J) REPORTS OF POTENTIAL PROBLEMS;
(a) IN THE CASE OF ANY DISCHARGE, INCLUDING, BUT NOT
LIMITED TO, ACCIDENTAL DISCHARGE ,DISCHARGES OF A
NONROUTINE, EPISODIC NATURE, A NONCUSTOMARY BATCH
DISCHARGE, OR A SLUG LOAD, THAT MAY CAUSE POTENTIAL
PROBLEMS FOR THE POTW, THE USER SHALL IMMEDIATELY
TELEPHONE AND NOTIFY THE PRETREATMENT COORDINATOR
OF THE INCIDENT. THIS NOTIFICATION SHALL INCLUDE THE
LOCATION OF THE DISCHARGE, TYPE OF WASTE,
CONCENTRATION AND VOLUME, IF KNOWN, AND CORRECTIVE
ACTION TAKEN BY THE USER.
(b) WITHIN FIVE (5) DAYS FOLLOWING SUCH DISCHARGE, THE
USER SHALL, UNLESS WAIVED BY THE PRETREATMENT
COORDINATOR, SUBMIT A DETAILED WRITTEN REPORT
DESCRIBING THE CAUSE(S) OF THE DISCHARGE AND THE
MEASURES TO BE TAKEN BY THE USER TO PREVENT SIMILAR
FUTURE OCCURRENCES. SUCH NOTIFICATION SHALL NOT
RELIEVE THE USER OF ANY EXPENSE, LOSS, DAMAGE, OR
OTHER LIABILITY THAT MAY BE INCURRED AS A RESULT OF
DAMAGE TO THE POTW, NATURAL RESOURCES, OR ANY
OTHER DAMAGE TO PERSON OR PROPERTY; NOR SHALL SUCH
NOTIFICATION RELIEVE THE USER OF ANY FINES, PENALTIES,
OR OTHER LIABILITY WHICH MAY BE IMPOSED PURSUANT TO
THIS ORDINANCE.
(c) A NOTICE SHALL BE PERMANENTLY POSTED ON THE USER'S
Page 25
BULLETIN BOARD OR OTHER PROMINENT PLACE ADVISING
EMPLOYEES WHOM TO CALL IN~ ~ E~LOYERS SHALLE
DESCRIBED IN PARAGRAPH (a),
ENSURE THAT ALL EMPLOYEES, WHO MAY CAUSE SUCH A
DISCHARGE TO OCCUR, ARE ADVISED OF THE EMERGENCY
NOTIFICATION PROCEDURE.
t (K) AT LEAST OTOR HALRL EVALUATE WHETHER E CH SS GNIF CANT
COORDINA
INDUSTRIAL USER NEEDS AN ACCIDENTAL DISCHARGE/SLUG
,. CONTROL PLAN. THE PRETREATMENT COORDINATOR MAY
REQUIRE ANY USER TO DEVELOP, SUBMIT FOR APPROVAL, AND
IMPLEMENT SUCH A PLAN. ALTERNATIVELY, THE
PRETREATMENT COORDINATOR MAY DEVELOP SUCH A PLAN FOR
ANY USER. AN ACCIDENTAL DISCHARGE/SLUG CONTROL PLAN
SHALL ADDRESS, AT A MINIMUM, THE FOLLOWING:
(a) DESCRIPTION OF DISCHARGE PRACTICES, INCLUDING
NONROUTINE BATCH DISCHARGES;
(b) DESCRIPTION OF STORED CHEMICALS;
(c) PROCEDURES FOR IMMEDIATELY NOTIFYING THE
PRETREATMENT COORDINATOR OF ANY ACCIDENTAL OR
SLUG DISCHARGE, AS REQUIRED BY SECTION 4.4 (5)(J) OF THIS
ORDINANCE; AND
(d) 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.
(L) ALL WASTEWATER DISCHARGE PERMIT APPLICATIONS AND USER
REPORTS MUST BE SIGNED BY AN AUTHORIZED REPRESENTATIVE
OF THE USER AND CONTAIN THE FOLLOWING CERTIFICATION
STATEMENT:
"I CERTIFY UNDER PENALTY OF LAW THAT THIS DOCUMENT AND
ALL ATTACFIlVIENTS WERE PREPARED UNDER MY DIRECTION OR
Page 26
SUPERVISION IN ACCORDANCE WITH A SYSTEM DESIGNED TO
ASSURE THAT QUALIFIED PERSONNEL PROPERLY 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 THE 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."
(M) REQUIREMENTS THAT INDUSTRIAL USER REPORTS BE SIGNED BY
AN APPROPRIATE RESPONSIBLE CORPORATE OFFICER, GENERAL
PARTNER OR PROPRIETOR, OR DULY AUTHORIZED
REPRESENTATIVE AS REQUIRED BY 40 CFR 403.12 (L);
(N) REQUIREMENTS THAT INDUSTRIAL USER REPORTS ARE SUBJECT
TO: 1) THE PROVISIONS OF 18 U.S.C. 1001 RELATING TO FRAUD
AND FALSE STATEMENTS; 2) THE PROVISIONS OF SECTION 309 (C)
4 OF THE ACT, AS AMENDED GOVERNING FALSE STATEMENTS,
REPRESENTATION OR CERTIFICATION; AND 3) THE PROVISIONS OF
SECTION 309 (C) 6 OF THE ACT, AS AMENDED, REGARDING
RESPONSIBLE CORPORATE OFFICERS, ALL AS REQUIRED BY 40
CFR 403.12 (N);
(O) STATEMENT OF APPLICABLE CIVIL AND CRIMINAL PENALTIES
FOR VIOLATIONS;
(P) OTHER CONDITIONS AS DEEMED APPROPRIATE BY THE
GOVERNING BOARD TO ENSURE COMPLIANCE WITH THIS
ORDINANCE OR THE REQUIREMENTS OF APPROPRIATE STATE AND
FEDERAL REGULATORY AGENCIES;
(6) AT THE REQUEST OF ANY INDUSTRY, INFORMATION SUBMITTED FOR
EVALUATION OF PERMIT REQUESTS OR INFORMATION CONTAINED
IN MONITORING REPORTS WHICH WOULD DIVULGE METHODS OR
PROCESSES ENTITLED TO PROTECTION AS TRADE SECRETS WILL
INSOFAR AS POSSIBLE UNDER THE PROVISIONS OF 40 CFR PART 2 BE
HELD CONFIDENTIAL BY THE GOVERNING BOARD.
(7) INDUSTRIAL WASTE DISCHARGE PERMITS FOR OPERATION OF
BUILDING SEWERS THROUGH WHICH INDUSTRIAL WASTES ARE
DISCHARGED INTO THE WEST MEMPHIS SEWER SHALL, UNLESS
SPECIFICALLY LIMITED TO AN EARLIER EXPIRATION DATE BY THE
Page 27
GOVERNING BOARD, BE VALID FOR THREE (3) YEARS FROM THE DATE
OF ISSUANCE, AND MAY BE RENEWED UPON SUBMISSION AND
ACCEPTANCE BY THE GOVERNING BOARD OF AN APPLICATION FOR
RENEWAL. THE APPLICATION FOR RENEWAL MUST BE SUBMITTED
NINETY (90) DAYS PRIOR TO THE EXPIRATION OF THE INDUSTRIAL
USER'S EXISTING PERMIT. THE TERMS AND CONDITIONS OF THE
U5ER'S PERMIT MAY BE SUBJECT TO MODIFICATION BY THE CITY
DURING THE TERM OF THE PERMIT AS LIMITATIONS OR
REQUIREMENTS AS IDENTIFIED IN SECTION TWO (2) ARE MODIFIED OR
"° OTHER JUST CAUSE EXISTS. THE INDUSTRIAL USER SHALL BE
"~ INFORMED OF ANY PROPOSED CHANGES IN THEIR PERMIT AT LEAST
THIRTY (30) DAYS PRIOR TO THE EFFECTIVE DATE OF CHANGE. ANY
CHANGES OR NEW CONDITIONS IN THE PERMIT SHALL INCLUDE A
REASONABLE TIME SCHEDULE FOR COMPLIANCE.
(8) INDUSTRIAL WASTE DISCHARGE PERMITS ARE ISSUED TO A SPECIFIC
USER FOR A SPECIFIC OPERATION. A INDUSTRIAL WASTE DISCHARGE
PERMIT SHALL NOT BE REASSIGNED OR TRANSFERRED OR SOLD TO
ANEW OWNER, NEW USER, DIFFERENT PREMISE, OR A NEW OR
CHANGED OPERATION WHICH WILL SIGNIFICANTLY AFFECT
WASTEWATER CHARACTERISTICS.
(9) NATIONAL CATEGORICAL PRETREATMENT STANDARDS FOR A
PARTICULAR INDUSTRY SUBCATEGORY, IF MORE STRINGENT THAN
THE TECHNICALLY BASED LOCAL LIMITATIONS FOR SOURCES IN
THAT SUBCATEGORY, SHALL APPLY. THE PRETREATMENT
COORDINATOR SHALL NOTIFY ALL AFFECTED USERS OF THE
APPLICABLE REPORTING REQUIREMENTS UNDER 40 CFR, SECTION
403.12. THE GOVERNING BOARD SHALL MAINTAIN OR REVISE
OWNER'S INDUSTRIAL WASTE DISCHARGE PERMIT TO INCORPORATE
MORE STRINGENT LIMITATIONS.
(10) OWNERS OR AGENTS OF INDUSTRIAL ESTABLISHMENTS WHICH ARE
SUBJECT TO ANY NATIONAL CATEGORICAL PRETREATMENT
STANDARD SHALL, WITHIN NINETY (90) DAYS OF NOTIFICATION BY
THE GOVERNING BOARD, SUBMIT TO THE GOVERNING BOARD A
BASELINE MONITORING REPORT AS DEFINED AND REQUIRED BY 40
CFR PART 403.12 (B) INDICATING THE NATURE AND CONCENTRATION
OF POLLUTANTS IN THEIR PROCESS EFFLUENTS WHICH ARE LIMITED
BY SUCH NATIONAL CATEGORICAL PRETREATMENT STANDARDS.
(11) THE GOVERNING BOARD MAY, AS A CONDITION OF ANY INDUSTRIAL
WASTE DISCHARGE PERMIT, REQUIRE TO BE PROVIDED AND
OPERATED AT USER'S EXPENSE, MONITORING FACILITIES TO ALLOW
INSPECTIONS, SAMPLING, AND FLOW MEASUREMENT OF THE
Page 28
Y
BUILDING SEWER AND\OR INTERNAL DRAINAGE SYSTEMS DURING
THE USER'S WORKING HOURS. MONITORING FACILITIES SHALL
PROVIDE SAFE AND SECURE ACCESS FOR THE INDUSTRIAL
PRETREATMENT COORDINATOR TO INSTALL MONITORING
EQUIPMENT AND TO COLLECT APPROPRIATE SAMPLES OF THE USER'S
WASTEWATER. MONITORING FACILITIES SHALL BE PROVIDED IN
ACCORD WITH THE GOVERNING BOARDS REQUIREMENTS AND THE
REQUIREMENTS OF APPLICABLE LOCAL CONSTRUCTION STANDARDS
AND SPECIFICATIONS. REQUIRED MONITORING FACILITIES SHALL BE
COMPLETED, INCLUDING THE INSTALLATION OF REQUIRED
r MONITORING EQUIPMENT, WITHIN NINETY (90) DAYS OF WRITTEN
NOTIFICATION OF REQUIREMENTS BY THE GOVERNING BOARD.
(12) THE GOVERNING BOARD OR ITS REPRESENTATIVE, SHALL INSPECT
THE FACILITIES OF ANY USER TO ASCERTAIN WHETHER THE
PURPOSE OF THIS ORDINANCE IS BEING MET AND ALL
REQUIREMENTS ARE BEING COMPLIED WITH. PERSONS OR
OCCUPANTS OF THE PREMISES WHERE WASTEWATER IS CREATED OR
DISCHARGED SHALL ALLOW THE GOVERNING BOARD OR ITS
REPRESENTATIVE READY ACCESS AT ALL REASONABLE TIMES TO
ALL PARTS OF THE PREMISES FOR THE PURPOSE OF INSPECTION,
SAMPLING, RECORD EXAMINATION OR IN THE PERFORMANCE OF
ANY OF THEIR DUTIES. THE GOVERNING BOARD OR ITS
REPRESENTATIVE HAVE THE RIGHT TO SET UP ON THE USERS
PROPERTY SUCH DEVICES AS ARE NECESSARY TO CONDUCT
SAMPLING, INSPECTIONS, COMPLIANCE MONITORING AND/OR
METERING OPERATIONS. WHERE A USER HAS SECURITY MEASURES
IN FORCE WHICH WOULD REQUIRE PROPER IDENTIFICATIONS AND
CLEARANCE BEFORE ENTRY INTO THEIR PREMISES, THE USER
SHALL MAKE NECESSARY ARRANGEMENTS WITH THE SECURITY
REPRESENTATIVE, WITH THE PRESENTATION OF PROPER
~r IDENTIFICATION, THEY WILL BE PERMITTED TO ENTER, WITHOUT
DELAY, FOR THE PURPOSE OF PERFORMING THEIR RESPONSIBILITIES.
(13) THE GOVERNING BOARD MAY, AS A PART OF ANY INDUSTRIAL
WASTE DISCHARGE PERMIT, REQUIRE THE PERMITEE TO PERFORM
SELF-MONITORING AND TO FURNISH TO THE GOVERNING BOARD
REPORTS OF SELF-MONITORING AND THEIR COMPLIANCE WITH
POLLUTANT DISCHARGE LIMITATIONS SET FORTH IN THE PERMIT.
SUCH REPORTS, IF REQUIRED, SHALL BE SUBMITTED AT THE
FREQUENCY SPECIFIED IN THE PERMIT AND SHALL BE SIGNED BY A
RESPONSIBLE CORPORATE OFFICIAL UNDER PENALTY OF PER7URY.
SELF-MONITORING, IF REQUIRED, SHALL BE PERFORMED BY A
QUALIFIED WASTEWATER TESTING LABORATORY ACCEPTABLE TO
Page 29
THE GOVERNING BOARD. IF SAMPLING PERFORMED BY A USER
INDICATES A VIOLATION, THE USER MUST NOTIFY THE
PRETREATMENT COORDINATOR WITHIN TWENTY FOUR (24) HOURS
OF BECOMING AWARE OF THE VIOLATION. THE USER SHALL ALSO
REPEAT THE SAMPLING AND ANALYSIS AND SUBMIT THE RESULTS
OF THE REPEAT ANALYSIS TO THE PRETREATMENT COORDINATOR
WITHIN THIRTY (30) DAYS AFTER BECOMING AWARE OF THE
VIOLATION. THE USER IS NOT REQUIRED TO RESAMPLE IF THE
PRETREATMENT COORDINATOR MONITORS THE USER'S FACILITY AT
LEAST ONCE A MONTH, OR IF THE PRETREATMENT COORDINATOR
SAMPLES BETWEEN THE USER'S INITIAL SAMPLING AND WHEN THE
USER RECEIVES THE RESULTS OF THIS SAMPLING.
(14) ALL USERS NOT REQUIRED TO OBTAIN A WASTEWATER DISCHARGE
PERMIT SHALL PROVIDE APPROPRIATE REPORTS TO THE
PRETREATMENT COORDINATOR AS THE PRETREATMENT
COORDINATOR MAY REQUIRE.
(15) IF THE PRETREATMENT COORDINATOR HAS BEEN REFUSED ACCESS
TO A BUILDING, STRUCTURE, OR PROPERTY, OR ANY PART THEREOF,
AND IS ABLE TO DEMONSTRATE PROBABLE CAUSE TO BELIEVE THAT
THERE MAY BE A VIOLATION OF THIS ORDINANCE, OR THAT THERE
IS A NEED TO INSPECT AND/OR SAMPLE AS PART OF A ROUTINE
INSPECTION AND SAMPLING PROGRAM OF THE CITY DESIGNED TO
VERIFY COMPLIANCE WITH THIS ORDINANCE OR ANY PERMIT OR
ORDER ISSUED HEREUNDER, OR TO PROTECT THE OVERALL PUBLIC
HEALTH, SAFETY AND WELFARE OF THE COMMUNITY, THEN THE
PRETREATMENT COORDINATOR MAY SEEK ISSUANCE OF A SEARCH
WARRANT FROM THE MUNICIPAL COURT, CIRCUIT COURT, OR ANY
OTHER COURT OF COMPETENT Ji1RISDICTION.
4. S CONFIDENTIAL INFORMATION.•
INFORMATION AND DATA ON A USER OBTAINED FROM REPORTS,
SURVEYS, WASTEWATER DISCHARGE PERMIT APPLICATIONS,
WASTEWATER DISCHARGE PERMITS, AND MONITORING PROGRAMS AND
FROM THE PRETREATMENT DEPARTMENT'S INSPECTION AND SAMPLING
ACTIVITIES, SHALL BE AVAILABLE TO THE PUBLIC WITHOUT
RESTRICTION, UNLESS THE USER SPECIFICALLY REQUESTS, AND IS ABLE
TO DEMONSTRATE TO THE SATISFACTION OF THE PRETREATMENT
COORDINATOR, THAT THE RELEASE OF SUCH INFORMATION WOULD
DIVULGE INFORMATION, PROCESSES, OR METHODS OF PRODUCTION
ENTITLED TO PROTECTION AS TRADE SECRETS UNDER APPLICABLE STATE
LAW. ANY SUCH REQUEST MUST BE ASSERTED AT THE TIME OF
SUBMISSION OF THE INFORMATION OR DATA. WHEN REQUESTED AND
Page 30
DEMONSTRATED BY THE USER FURNISHING A REPORT THAT SUCH
INFORMATION SHOULD BE HELD CONFIDENTIAL, THE PORTIONS OF A
REPORT WHICH MIGHT DISCLOSE TRADE SECRETS OR SECRET PROCESSES
SHALL NOT BE MADE AVAILABLE FOR INSPECTION BY THE PUBLIC, BUT
SHALL BE MADE AVAILABLE IMMEDIATELY UPON REQUEST TO
GOVERNMENTAL AGENCIES FOR USES RELATED TO THE NPDES PROGRAM
OR THE PRETREATMENT PROGRAM, AND IN ENFORCEMENT PROCEEDINGS
INVOLVING THE PERSON FURNISHING THE REPORT. WASTEWATER
CONSTITUENTS AND CHARACTERISTICS AND OTHER "EFFLUENT DATA" AS
DEFINED BY 40 CFR 2.302 WILL NOT BE RECOGNIZED AS CONFIDENTIAL
+~,,,. INFORMATION AND WILL BE AVAILABLE TO THE PUBLIC WITHOUT
RESTRICTION.
SECTION 5. ENFORCEMENT
S.1 NOTIFICATION OF VIOLATION.•
WHEN THE PRETREATMENT COORDINATOR FINDS THAT A USER HAS
VIOLATED, OR CONTINUES TO VIOLATE, ANY PROVISION OF THIS
ORDINANCE, A WASTEWATER DISCHARGE PERMIT OR ORDER ISSUED
HEREUNDER, OR ANY OTHER PRETREATMENT STANDARD OR
REQUIREMENT, THE PRETREATMENT COORDINATOR MAY SERVE UPON
THAT USER A WRITTEN NOTICE OF VIOLATION. WITHIN FIFTEEN (15) DAYS
OF THE RECEIPT OF THIS NOTICE, AN EXPLANATION OF THE VIOLATION
AND A PLAN FOR THE SATISFACTORY CORRECTION AND PREVENTION
THEREOF, TO INCLUDE SPECIFIC REQUIRED ACTIONS, SHALL BE
SUBMITTED TO THE PRETREATMENT COORDINATOR BY THE USER.
SUBMISSION OF THIS PLAN IN NO WAY RELIEVES THE USER OF LIABILITY
FOR ANY VIOLATIONS OCCURRING BEFORE OR AFTER RECEIPT OF THE
NOTICE OF VIOLATION. NOTHING IN THIS SECTION SHALL LIMIT THE
~,,; AUTHORITY OF THE PRETREATMENT COORDINATOR TO TAKE ANY
ACTION, INCLUDING EMERGENCY ACTIONS OR ANY OTHER
ENFORCEMENT ACTION, WITHOUT FIRST ISSUING A NOTICE OF
VIOLATION.
S. 2 CONSENT ORDERS:
THE PRETREATMENT COORDINATOR MAY ENTER INTO CONSENT ORDERS,
ASSURANCES OF VOLUNTARY COMPLIANCE, OR OTHER SIMILAR
DOCUMENTS ESTABLISHING AN AGREEMENT WITH ANY USER
RESPONSIBLE FOR NONCOMPLIANCE. SUCH DOCUMENTS WILL INCLUDE
SPECIFIC ACTION TO BE TAKEN BY THE USER TO CORRECT THE
NONCOMPLIANCE WITHIN A TIME PERIOD SPECIFIED BY THE DOCUMENT.
SUCH DOCUMENTS SHALL HAVE THE SAME FORCE AND EFFECT AS THE
Page 31
ADMINISTRATIVE ORDERS ISSUED PURSUANT TO SECTIONS 5.4 AND 5.5 OF
THIS ORDINANCE AND SHALL BE JUDICIALLY ENFORCEABLE.
5.3 SHOW CAUSE HEARING:
THE PRETREATMENT COORDINATOR MAY ORDER A USER WHICH HAS
VIOLATED, CONTINUES TO VIOLATE, ANY PROVISION OF THIS
ORDINANCE, A WASTEWATER DISCHARGE PERMIT OR ORDER ISSUED
HEREUNDER, OR ANY OTHER PRETREATMENT STANDARD OR
REQUIREMENT, TO APPEAR BEFORE THE GOVERNING BOARD AND SHOW
CAUSE WHY THE PROPOSED ENFORCEMENT ACTION SHOULD NOT BE
TAKEN.
(I) NOTICE SHALL BE SERVED ON THE USER SPECIFYING THE TIME AND
PLACE FOR THE MEETING, THE PROPOSED ENFORCEMENT ACTION,
THE REASONS FOR SUCH ACTION, AND A REQUEST THAT THE USER
SHOW CAUSE WHY THE PROPOSED ENFORCEMENT ACTION SHOULD
NOT BE TAKEN. THE NOTICE OF THE MEETING SHALL BE SERVED
PERSONALLY OR BY REGISTERED OR CERTIFIED MAIL (RETURN
RECEIPT REQUESTED) AT LEAST TEN (10) DAYS PRIOR TO THE
HEARING. SUCH NOTICE MAY BE SERVED ON ANY AUTHORIZED
REPRESENTATIVE OF THE USER. A SHOW CAUSE HEARING SHALL NOT
BE A BAR AGAINST, OR PREREQUISITE FOR, TAKING ANY OTHER
ACTION AGAINST THE USER.
(2) THE GOVERNING BOARD SHALL ISSUE NOTICE OF HEARING
REQUESTING THE ATTENDANCE AND TESTIMONY OF WITNESSES,
CONDUCT THE HEARING AND TAKING THE EVIDENCE.
(3) AT ANY HEARING HELD PURSUANT TO THIS ORDINANCE, TESTIMONY
TAKEN MUST BE UNDER OATH AND RECORDED STENOGRAPHICALLY.
THE TRANSCRIPT, SO RECORDED, WILL BE MADE AVAILABLE TO ANY
MEMBER OF THE PUBLIC OR ANY PARTY TO THE HEARING UPON
PAYMENT OF THE USUAL CHARGES THEREOF.
S. 4 COMPLIANCE ORDERS:
WHEN THE PRETREATMENT COORDINATOR FINDS THAT A USER HAS
VIOLATED, OR CONTINUES TO VIOLATE, ANY PROVISION OF THIS
ORDINANCE, A WASTEWATER DISCHARGE PERMIT OR ORDER ISSUED
HEREUNDER, OR ANY OTHER PRETREATMENT STANDARD OR
REQUIREMENT, THE PRETREATMENT COORDINATOR MAY ISSUE AN
ORDER TO THE USER RESPONSIBLE FOR THE DISCHARGE DIRECTING THAT
THE USER COME INTO COMPLIANCE WITHIN A SPECIFIED TIME. IF THE
USER DOES NOT COME INTO COMPLIANCE WITHIN THE TIME PROVIDED,
Page 32
SEWER SERVICE MAY BE DISCONTINUED UNLESS ADEQUATE TREATMENT
FACII.ITIES, DEVICES, OR OTHER RELATED APPURTENANCES ARE
INSTALLED AND PROPERLY OPERATED. COMPLIANCE ORDERS ALSO MY
CONTAIN OTHER REQUIREMENTS TO ADDRESS THE NONCOMPLIANCE,
INCLUDING ADDITIONAL SELF-MONITORING AND MANAGEMENT
PRACTICES DESIGNED TO MINIMIZE THE AMOUNT OF POLLUTANTS
DISCHARGED TO THE SEWER. A COMPLIANCE ORDER MAY NOT EXTEND
THE DEADLINE FOR COMPLIANCE ESTABLISHED FOR A PRETREATMENT
STANDARD OR REQUIREMENT, NOR DOES A COMPLIANCE ORDER RELIEVE
THE USER OF LIABILITY FOR ANY VIOLATION, INCLUDING ANY
', CONTINUING VIOLATION. ISSUANCE OF A COMPLIANCE ORDER SHALL
NOT BE A BAR AGAINST, OR A PREREQUISITE FOR, TAKING ANY OTHER
ACTION AGAINST THE USER.
S. S CEASE AND DESIST ORDERS:
WHEN THE PRETREATMENT COORDINATOR FINDS THAT A USER HAS
VIOLATED, OR CONTINUES TO VIOLATE, ANY PROVISION OF THIS
ORDINANCE, A WASTEWATER DISCHARGE PERMIT OR ORDER ISSUED
HEREUNDER, OR ANY OTHER PRETREATMENT STANDARD OR
REQUIREMENT, OR THAT THE USER'S PAST VIOLATIONS ARE LIKELY TO
RECUR, THE PRETREATMENT COORDINATOR MAY ISSUE AN ORDER TO
THE USER DIRECTING IT TO CEASE AND DESIST ALL SUCH VIOLATIONS
AND DIRECTING THE USER TO:
(1) IMMEDIATELY COMPLY WITH ALL REQUIREMENTS; AND
(2) TAKE SUCH APPROPRIATE REMEDIAL OR PREVENTIVE ACTION AS MAY
BE NEEDED TO PROPERLY ADDRESS A CONTINUING OR THREATENED
VIOLATION, INCLUDING HALTING OPERATIONS AND/OR TERMINATING
THE DISCHARGE.
ISSUANCE OF A CEASE AND DESIST ORDER SHALL NOT BE A BAR AGAINST,
OR PREREQUISITE FOR, TAKING ANY OTHER ACTION AGAINST THE USER.
S. 6 EMERGENCY SUSPENSIONS:
THE PRETREATMENT COORDINATOR MAY IMMEDIATELY SUSPEND A
USER'S DISCHARGE, AFTER INFORMAL NOTICE TO THE USER, WHENEVER
SUCH SUSPENSION IS NECESSARY TO STOP AN ACTUAL OR THREATENED
DISCHARGE WHICH REASONABLY APPEARS TO PRESENT OR CAUSE AN
IMMINENT OR SUBSTANTIAL ENDANGERMENT TO THE HEALTH OR
WELFARE OF PERSONS. THE PRETREATMENT COORDINATOR MAY ALSO
IMMEDIATELY SUSPEND A USER'S DISCHARGE, AFTER NOTICE AND
OPPORTUNITY TO RESPOND, THAT THREATENS TO INTERFERE WITH THE
Page 33
OPERATION OF THE POTW, ARE WHICH PRESENTS, OR MAY PRESENT, AN
ENDANGERMENT TO THE ENVIRONMENT.
~r
(I) ANY USER NOTIFIED OF A SUSPENSION OF ITS DISCHARGE SHALL
IMMEDIATELY STOP OR ELINIINATE ITS CONTRIBUTION. IN THE
EVENT OF A USER'S FAILURE TO IIVIlVIEDIATELY COMPLY
VOLUNTARILY WITH THE SUSPENSION ORDER, THE PRETREATMENT
COORDINATOR MAY TAKE SUCH STEPS AS DEEMED NECESSARY,
INCLUDING IM1~~DIATE SEVERANCE OF THE SEWER CONNECTION, TO
PREVENT OR MINIMIZE DAMAGE TO THE POTW, ITS RECEIVING
STREAM, OR ENDANGERMENT TO ANY INDIVIDUALS. THE
PRETREATMENT COORDINATOR MAY ALLOW THE USER TO
RECOMMENCE ITS DISCHARGE WHEN THE USER HAS DEMONSTRATED
TO THE SATISFACTION OF THE PRETREATMENT COORDINATOR THAT
THE PERIOD OF ENDANGERMENT HAS PASSED, UNLESS THE
TERMINATION PROCEEDINGS IN SECTION 5.7 OF THIS ORDINANCE ARE
INITIATED AGAINST THE USER.
(2) A USER THAT IS RESPONSIBLE, IN WHOLE OR IN PART, FOR ANY
DISCHARGE PRESENTING INIlVIINENT ENDANGERMENT SHALL SUBMIT
A DETAILED WRITTEN STATEMENT, DESCRIBING THE CAUSES OF THE
HARMFUL CONTRIBUTION AND THE MEASURES TAKEN TO PREVENT
ANY FUTURE OCCURRENCE, TO THE PRETREATMENT COORDINATOR
PRIOR TO THE DATE OF ANY SHOW CAUSE OF TERMINATION HEARING
UNDER SECTIONS 5.3 OR 5.7 OF THIS ORDINANCE.
NOTHING IN THIS SECTION SHALL BE INTERPRETED AS REQUIRING A
HEARING PRIOR TO ANY EMERGENCY SUSPENSION UNDER THIS SECTION.
S. 7 TERMINATION OF DISCHARGE:
IN ADDITION TO THE PROVISIONS IN SECTION 4 OF THIS ORDINANCE, ANY
USER WHO VIOLATES THE FOLLOWING CONDITIONS IS SUBJECT TO
DISCHARGE TERMINATION:
(1) VIOLATION OF WASTEWATER DISCHARGE PERMIT CONDITIONS;
(2) FAILURE TO ACCURATELY REPORT THE WASTEWATER CONSTITUENTS
AND CHARACTERISTICS OF ITS DISCHARGE;
(3) FAILURE TO REPORT SIGNIFICANT CHANGES IN OPERATION OR
WASTEWATER VOLUME, CONSTITUENTS, AND CHARACTERISTICS
PRIOR TO DISCHARGE;
Page 34
i
(4) REFUSAL OF REASONABLE ACCESS TO THE USER'5 PREMISES FOR THE
PURPOSE OF INSPECTION OR MONITORING; OR
(5) VIOLATION OF THE PRETREATMENT STANDARDS SECTION 2 OF THIS
ORDINANCE.
SUCH USER WILL BE NOTIFIED OF THE PROPOSED TERMINATION OF ITS
DISCHARGE AND BE OFFERED AN OPPORTUNITY TO SHOW CAUSE UNDER
SECTION 5 OF THIS ORDINANCE WHY THE PROPOSED ACTION SHOULD NOT
BE TAKEN. EXERCISE OF THIS OPTION BY THE PRETREATMENT
COORDINATOR SHALL NOT BE A BAR TO, OR A PREREQUISITE FOR,
TAKING ANY OTHER ACTION AGAINST THE USER.
5.8 LEGAL ACTION.•
IF ANY PERSON DISCHARGES SEWAGE, INDUSTRIAL WASTE OR OTHER
WASTES IN THE CITY'S WASTEWATER DISPOSAL SYSTEM CONTRARY TO
THE PROVISIONS OF THIS ORDINANCE, FEDERAL OR STATE
PRETREATMENT REQUIREMENTS, OR ANY ORDER OF THE CITY OR THE
GOVERNING BOARD, THE CITY ATTORNEY MAY COMMENCE AN ACTION
FOR THE APPROPRIATE LEGAL AND/OR EQUITABLE RELIEF IN ANY COURT
OF APPROPRIATE JURISDICTION. SUCH CRIMINAL OR CIVIL ACTION MAY
BE INITIATED ONLY AFTER A MAJORITY VOTE OF THE CITY COUNCIL
RESOLVES TO PURSUE SUCH ACTION.
S. 9 PUBLIC PARTICIPA TION.•
THE GOVERNING BOARD IN ORDER TO COMPLY WITH THE PUBLIC
PARTICIPATION REQUIREMENT OF 40 CFR PART 25 IN THE ENFORCEMENT
OF THE NATIONAL PRETREATMENT STANDARDS MUST PUBLISH
- ANNUALLY ALL INDUSTRIAL USERS WHICH AT ANY TIME DURING THE
PREVIOUS TWELVE MONTHS WERE IN SIGNIFICANT NONCOMPLIANCE
WITH APPLICABLE PRETREATMENT REQUIREMENTS. FOR THIS PURPOSE -
SIGNIFICANT NONCOMPLIANCE IS DEFINED IN 40 CFR 403.8 (F) (2) (VII).
SECTION 6. PENALTY AND\OR COST
6.1 CIVIL AND CRIMINAL PENALTIES.•
ANY USER WHO IS FOUND TO HAVE VIOLATED AN ORDER OF THE
GOVERNING BOARD OR WHO WILLFULLY OR NEGLIGENTLY FAILED TO
COMPLY WITH ANY PROVISION OF THIS ORDINANCE, OR THE ORDERS,
RULES, REGULATIONS AND PERMITS ISSUED HEREUNDER, SHALL BE
SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES IN AN AMOUNT NOT TO
EXCEED ONE THOUSAND DOLLARS ($1000.00) FOR EACH VIOLATION AS
Page 35
DETERMINED BY THE PRETREATMENT COORDINATOR. EACH DAY WHICH
A VIOLATION SHALL OCCUR OR CONTINUE SHALL BE DEEMED A
SEPARATE AND DISTINCT OFFENSE. IN DETERMINING THE AMOUNT OF
THE CIVIL PENALTY THE PRETREATMENT COORDINATOR SHALL TAKE
INTO CONSIDERATION:
(I) THE EFFECT OF THE VIOLATION UPON THE ENVIRONMENT AND PUBLIC
HEALTH;
(2) WHETHER THE VIOLATION WAS AN UNAVOIDABLE ACCIDENT OR THE
,, INTENTIONAL ACT OR OMISSION ON THE PART OF THE VIOLATOR;
(3) THE VIOLATOR'S HISTORY OF COOPERATIVENESS AND EFFORTS TO
CORRECT THE VIOLATION;
(4) THE VIOLATOR'S HISTORY OF PREVIOUS VIOLATIONS WITHIN THE
LAST SIX MONTHS; AND
(5) ANY ECONOMIC BENEFIT RECEIVED BY THE VIOLATOR AS A RESULT
OF THEIR NON-COMPLIANCE.
IN ADDITION TO THE PENALTIES PROVIDED HEREIN, THE CITY MAY
RECOVER REASONABLE ATTORNEY'S FEES, COURT COSTS, COURT
REPORTERS' FEES AND OTHER EXPENSES OF LITIGATION BY APPROPRIATE
SUIT AT LAW AGAINST THE PERSON FOUND TO HAVE VIOLATED THIS
ORDINANCE OR THE ORDERS, RULES, REGULATIONS, AND PERMITS
ISSUED HEREUNDER.
6.2 FALSIFYING INFORMATION.•
+ti ,. ANY PERSON WHO KNOWINGLY MAKES ANY FALSE STATEMENTS,
~°' REPRESENTATION OR CERTIFICATION IN APPLICATION, RECORD, REPORT,
PLAN OR OTHER DOCUMENT FILED OR REQUIRED TO BE MAINTAINED
PURSUANT TO THIS ORDINANCE, OR INDUSTRIAL WASTE DISCHARGE
PERMIT, OR WHO FALSIFIES, TAMPERS WITH, OR KNOWINGLY RENDERS
INACCURATE ANY MONITORING DEVICE OR METHOD REQUIRED UNDER
THIS ORDINANCE, SHALL, UPON CONVICTION, BE PUNISHED BY A FINE OF
NOT MORE THAN ONE THOUSAND DOLLARS ($1000.00).
SECTION 7. SEVERABILITY
IF ANY PROVISION, PARAGRAPH, WORD, SECTION OR ARTICLE OF THIS
ORDINANCE IS INVALIDATED BY ANY COURT OF COMPETENT
JURISDICTION, THE REMAINING PROVISIONS, PARAGRAPHS, WORDS,
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SECTIONS, AND CHAPTERS SHALL NOT BE AFFECTED AND SHALL
CONTINUED IN FULL FORCE AND EFFECT.
SECTION 8. REPEAL OF CONFLICTING ORDINANCES
ORDINANCES 1214 AND 1340 OF THE CITY OF WEST MEMPHIS, ARKANSAS,
ARE HEREBY SPECIFICALLY REPEALED. ALL OTHER ORDINANCES AND
PARTS OF ORDINANCES INCONSISTENT OR CONFLICTING WITH ANY PART
OF THIS ORDINANCE ARE HEREBY REPEALED TO THE EXTENT OF SUCH
x INCONSISTENCY OR CONFLICT.
~\ SECTION 9. EMERGENCY CLAUSE ,/''~
IT HAVING G FOUND AND DETERMINED BY THE CIT ~INCIL OF
THE CITY OF WE MPHIS, ARKANSAS, THAT T EXISTS AN
URGENT NEED TO USTRIAL WAS ISCHARGE PERMITTING
PROCEDURES AND TO MODIF RT ITATIONS, AN EMERGENCY IS
HEREBY DECLARED TO EXIST, ORDINANCE BEING NECESSARY
FOR THE PRESERVATIO HE PUBLIC P ,HEALTH, SAFETY AND
WELFARE OFT ENS OF WEST MEMPHIS, SAS, SHALL BE IN
FULL FO EFFECT FROM AND AFTER THE DATE, S PASSAGE
A PROVAL.
ADOPTED THIS a.. ~ DAY OF ~~ , 19 q 5
MAYOR
ATTEST:
CITY CLERK
SPONSORED BY:
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kEC~`~V"~.
CITY CLERK OFFICE
Page 37 DATES ~'
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