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1340ORDINANCE NO . 13 `-I AN ORDINANCB TO AMBND ORDINANCB NUMBBR 1214 TO CHAN(IB 3UPSRVI30R TO INDUSTRIAL PRBTRBATMBNT COORDINATOR, TO PROVIDB ADDITIONAL DBFINITION3, TO MODIFY CBRTAIN LIMITATIONS, TO CHAN(38 WASTBWATBR CONTRIBUTION PBRMIT TO WASTBWATBR DI3CHAR(38 PBRMIT, TO BSTABLI3H A FBB OF X50.00 PBR YBAR FOR THB PERMITS, AND FOR OTHBR PURP03B3 WHBRBAS, the West Memphis Utility Commission has reviewed Ordinance 1214 and has proposed certain changes to the ordinance; and WHBRBAS, the proposed changes have been approved by the Arkansas Department of Pollution Control and Ecology; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 38CTION 1. The last paragraph of Section 1.1 of Ordinance 1214 is hereby amended to read as follows: 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. 38CTION 2. Section 1.2 (35) of Ordinance 1214 is hereby deleted and repealed. 3BCTION 3. Section 1.2 (40) of Ordinance 1214 is hereby amended to read as follows: (40) Wastewater Discharge Permit.~As set forth in Section 4.2 of this ordinance. SECTION 4. Section 1.2 of Ordinance 1214 is hereby amended to add the following sub-sections: (41) 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 article or his duly authorized represen- tatives and is referred to in Ordinance No. 1214 as pretreatment coordinator. (42) Pretreatment Coordinator. Authorized represen- ~,,,,,, tative 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 Ordinance No. 1214. (43) System Discharge Agreement. Will serve as application to the wastewater discharge permit. REG~1V~0. r,~1y, GLERK 0~~ :; rW ~~.,~. ~ SBCTION 5. Section 2.1 (c) of Ordinance 1214 is hereby amended to read as follows: Any wastewater having a pH not less than 6.0, not more than 9.0 unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW. 3BCTION 6. Section 2.1 (k) of Ordinance 1214 is hereby amended to read as follows: Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established by the Industrial Pretreatment Coordinator in compliance with applicable State and Federal regulations. 3BCTION 7. Section 2.1 (1) and the final paragraph of of Ordinance 1214 are hereby amended to read as follows: (1) Any wastewater which causes a hazard to human life or creates a public nuisance. When the Industrial Pretreatment Coordinator determines that a User(s) is contributing to the POTW, any of the above enumerated substances in such amounts as to Interfere with the operation of the POTW, the Industrial Pretreatment Coordinator shall: 1) Advise the User(s) of the impact of the contribution on the POTW; and 2) Develop effluent limitation(s) for such User to correct the Interference with the POTW. 3BCTION 8. Section 2.2 of Ordinance 1214 is hereby amended to read as follows: Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial sub- category, the Federal Standard, if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this Ordinance. The Industrial Pretreatment Coordinator shall notify all affected Users of the applicable reporting requirements under 40 CFR, Section 403.12. BBCTION 9. Section 2.4 of Ordinance 1214 is hereby amended to read as follows: No person shall discharge wastewater containing in excess of: Maximum 1-Day Arsenic ~ 2.00 ppm Cadmium 0.69 ppm Copper 3.38 ppm Cyanide 1.20 ppm Lead 0.60 ppm Mercury 0.05 ppm Nickel 3.98 ppm Silver 0.43 ppm Total Chromium 2.77 ppm Zinc 2.61 ppm 30-Day Average 3.00 ppm 0.26 ppm 2.07 ppm 0.65 ppm 0.43 ppm 0.03 ppm 2.38 ppm 0.24 ppm 1.71 ppm 1.48 ppm Biochemical Oxygen Demand - 250 MG/L Total Suspended Solids - 250 MG/L Oil & Grease - 100 MG/L 3BCTION 10. The second paragraph of Section 2.8 of Ordinance 1214 is hereby amended to read as follows: Written Notice: Within five (5) days following an i accidental discharge, the User shall submit to the Industrial Pretreatment Coordinator a detailed written ~' report describing the cause 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 which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the User of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. 3BCTION 11. Section 3.2 (g) of Ordinance 1214 is hereby amended to read as follows: (g) fees for accepting above normal Biochemical Oxygen Demand, Total Suspended Solids, and Oil and Grease. 3BCTION 12. Section 3.2 of Ordinance 1214 is hereby amended to add the following subsection: (h) other fees as the City may deem necessary to carry out the requirements contained herein. ~,,,. 3BCTION 13. Section 4.1 of Ordinance 1214 is hereby amended to read as follows: It shall be unlawful to discharge without a City permit to any natural outlet within the City of West Memphis, or in any area under the jurisdiction of said City, and/or to the POTW any wastewater except as authorized by the Industrial Pretreatment Coordinator in accordance with the provisions of this Ordinance. 38CTION 14. Section 4.2.1 of Ordinance 1214 is hereby amended to read as follows: All significant users proposing to connect to or to contribute to the POTW shall obtain a Wastewater Discharge Permit before connecting to or contributing to the POTW. All existing significant users connected connected to or contributing to the POTW shall obtain a Wastewater Discharge Permit within 180 days after the effective date of this Ordinance. 3BCTION 15. The first paragraph of Section 4.2.2 of Ordinance 1214 is hereby amended to read as follows: Users required to obtain a Wastewater Discharge Permit shall complete and file with the City, an application in the form prescribed by the City, that being a System Discharge Agreement and accompanied by a fee of $50.00. Existing users shall apply for a Wastewater Discharge Permit within 30 days after the effective date of this Ordinance, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: 38CTION 16. Section 4.2.3 of Ordinance 1214 is hereby amended to read as follows: Within 9 months of the promulgation of a National Categorical Pretreatment Standard, the Wastewater Discharge Permit of Users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a User, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a Wastewater Discharge Permit within 180 days after the promulgation of the Applicable National Categorical Pretreatment Standard. In addition, the User with an existing Wastewater Discharge permit shall submit to the Industrial Pretreatment Coordinator within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by paragraph (h) and (i) of Section 4.2.2. 38CTION 17. Section 4.3.1 of Ordinance 1214 is hereby amended to read as follows: Within 90 days following the date for final compliance with applicable Pretreatment Standards or, in the case of a New Source, following commencement of the introduction of wastewater into the POTW, any User subject to Pretreatment Standards and Requirements shall submit to the Industrial Pretreatment Coordinator a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by Pretreatment Standards and Requirements and the average and maximum daily flow for these process units in the User facility which are limited by such Pretreatment Standards or Requirements. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the User into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be signed by an authorized representative of the Industrial User, and certified to by a qualified professional. 3BCTION 18. Section 4.3.2 of Ordinance 1214 is hereby amended to read as follows: (1) Any User subject to a Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in the case of a New Source, after commencement of the discharge into the POTW, shall submit to the Industrial Pretreatment Coordinator during the months of June and December, unless required more frequently in the Pretreatment Standard or by the Industrial Pretreatment Coordinator, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such Pretreatment Standards. In addition, this report shall include a record of all daily flow reported in paragraph (b) (4) of this section. At the discretion of the Industrial Pretreatment Coordinator and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Industrial Pretreatment Coordinator may agree to alter the months during which the above reports are to be submitted. (2) The Industrial Pretreatment Coordinator may impose mass limitations on Users which are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subparagraph (1) of this paragraph shall indicate the mass of pollutants regulated by Pretreatment Standards in the effluent of the User. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Industrial Pretreatment Coordinator, of pollutants contained therein which are limited by the applicable Pretreatment Standards. The frequency of monitoring shall be prescribed in the applicable. Pretreatment Standards. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to section 304(8) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. SBCTION 19. Section 5.1 of Ordinance 1214 is hereby amended to read as follows: The City may suspend the wastewater treatment service and/or a Wastewater Discharge Permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes Interference to the POTW or causes the City to violate any condition of its NPDES Permit. Any Person notified of a suspension of the wastewater treatment service and/or the Wastewater Discharge Permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The City shall reinstate the Wastewater Discharge Permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within 15 days of the date of occurrence. SECTION 20. Section 5.3 of Ordinance 1214 is hereby amended to read as follows: Whenever the City finds that any User has violated or is violating this Ordinance, wastewater discharge permit, or any prohibition, limitation or requirements contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the User. If the plan for the satisfactory correction requires installation of equipment, the pretreatment coordinator i will develop a compliance schedule for each user for the installation of such equipment required in order to r meet applicable pretreatment standards and requirements. If the user does not comply with the compliance schedule, more stringent enforcement action as described later in this section will be taken. 38CTION 21. Section 6.2 of Ordinance 1214 is hereby amended to read as follows: 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 Wastewater 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 Pine of not more than $1,000.00 or by imprisonment for not more than six (6) months, or by both. 38CTION 22. All Ordinances or parts of Ordinances in ~. conflict herewith are hereby repealed. ~: ,-.. ADOPTED this ~ ~ «-{ day of -, 1988 .