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SECTION 1 - GEIvERP.L PROVISIONS
1.1 Purpose and Policy:
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
municipality wastewater system which will interfere
with the operation of the system or contaminate the
resulting sludge;
V (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; and
(d) To provide for equitable distribution of the cost
of the municipal wastewater 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 enf orcement 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 Superintendent. of the City's
POTW shall administer, implement, and enforce the provisions
of this ordinance.
1.2 Definitions:
Unless the context specifically indicates otherwise, the
following terms and phrases, as used in this ordinance,
shall have the meanings hereinafter designated:
(1} Act or "the Act". The Federal Water Pollution Control
Act, also known as the ~~lean Water Act,. as amended,
33 U.S.C. 1251, et. seq.
(2) Approval Authority. The Director in an NPDES state
with an approved State Pretreatment Program and the
Administrator of the EPA in a Non-NPDES state or NPDES
state without an Approved State Pretreatment Program.
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(3 ruth:rzed Representat~z~~ ci Industrial User. ~n
authorized representative of an Industrial User may
be: (1) A principal executive officer of at least
the level of vice-president, if the Industrial User
is a corporation; (2) A general partner or proprietor
if the industrial user is a partnership or proprietorship,
respectively; (3) A duly authorized representative of
the individual designated above if such representative is
responsible nor the overall operation of the facilities
from which the indirect discharge originates.
(4} Biochemical Oxygen Demand (BOD). The quantity of oxygen
utilized in the biochemical oxidation of organic matter
under standard laboratory procedure, five (5) days at
20° centigrade expressed in terms of weight and concentration
(milligrams per liter (mg/1)).
(5) Building Sewer. A sewer conveying wastewater from the
premises of a User to the POTW.
(6) Categorical Standards. National Categorical Pretreatment
Standards or Pretreatment Standard.
{7) City. The City of West Memphis, Arkansas.
(8) Cooling Water. The water discharged from any use such
as air conditioning, cooling or refrigeration, or to
which the only pollutant added is heat.
(9) Control Authority. The term "control authority" shall
refer to the "Approval Authority", defined hereinabove;
or the General Manager of the West Memphis Utility
Commission if the City has an approved Pretreatment
Program under the provisions of 40 CFR 403.11.
(10) Direct Discharge. The discharge of treated or untreated
wastewater directly to the waters of the State of Arkansas.
(11) Environmental Protection Agency, or EPA. The U. S.
Environmental Protection Agency, or where appropriate
the term may also be used as a designation for the
Administra-tor or other duly authorized official of
said agency.
(12) Grab Sample. A sample which is taken from a waste stream
on a one-time basis with no regard to the flow in the
waste stream and without consideration of time.
(13) Holding Tank Waste. Any waste from holding tanks such
as vessels, chemical toilets, campers, trailers, septic
tanks, and vacuum-pump tank trucks.
(14) Indirect Discharge. The discharge or the introduction of
nondomestic 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.
(15) Industrial User. A source of Indirect Discharge which
does not constitute a "discharge of pollutants" under
regulations issued pursuant to section 402, of the
Act. (33 U.S.C. 1342).
(16) Interference. The inhibition or disruption of the POTW
treatment processes or operations which contibutes to a
violation of any requirement of the City's NPDES Permit.
The terra includes prevention of sewage sludge use or
disposal bti~ the POTW in accordance with 405 of the Act,
(33 U.S.C. 1..x45) or an~~ criteria, guidelines, or regulations
devF.,,- _ _ - ~-~,,;_ ;-± ~ c~ t ~:~~ Solid Waste Disposal Act. (SWDA) ,
t. ;;:~ _ ~. - _ , ~ : - _ Sul_ = t~nces Contro l I:~ t , or
,- E _ ( i nc l ~:~ ~... ~:;ose contG~r,E
stringen+~ ~ ~_ _ _-iter ~ ~ -
ir, any State Sluac_ :.Gnagemer.t Plan prt__Gred pursuant
to Title IV of S'v~D?-_; Gpplicable to the metriod of disposal
cr use employee by the POTh'.
(17) national Categorical Pretreatment Standard or Pretreatment
Standard. Any regulation containing pollutant discharge
limits promulgated by the EPA in accordance with section
307 (b) and (c) of the Act (33 U.S.C. 1347) which applies
to a specific category of Industrial Users.
(18) National Prohibitive Discharge Standard or Prohibitive
Discharge Standard. Any regulation developed under the
authority of 307 (b) of the Act and 40 CFR, Section 403.5.
(19) New Source. Any source, the construction of which is
commenced after the publication of proposed regulations
prescribing a section 307 (c) (33 U.S.C. 1317) Categorical
Pretreatment Standard which will be applicable to such
source, if such standard is thereafter promulgated within
120 days of proposal in the Federal Register. Where the
standard is promulgated later than 120 days after proposal,
a new source means any source, the construction of which
is commenced after the date of promulgation of the standard.
Elimination System or NPDES
(20) National Pollution Discharge
Permit. A permit issued pursuant to section 402 of the
Act (33 U.S.C. 1342).
(21) 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.
(22) PH. The logarithm (base 10) of the reciprocal of the
concentration of hydrogen ions expressed in grams per
liter of solution.
(23) Pollution. The man-made or man-included alteration of
the chemical, physical, biological, and radiological
integrity of water.
(24) Pollutant. Any dredged spoil, solid waste, incinerator
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.
(25) Pretreatment or Treatment. The reduction of the amount
of pollutants, the elimination or 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 prier to or in lieu of discharging
or otherwise introducing such pollutants into a POTW.
The reduction or alteration can be obtained by physical,
chemical or biological processes, or process changes
other means, except as prohibited by 40 CFR Section 403.6(4).
(26) Pretreatment Requirements. Any substantive or procedural
requirement related to pretreatment, other than a National
Pretreatment Standard imposed on an industrial user.
(27) Publicly Gwned Treatment Works (POTW). A treatment works
as defined by section, 212 of the Act, (33 U.S.C. 1292)
which is owned in th_ instance by the City. This definit_sn
a
includ,: sewers- t~iat conve~,~ wastewater to the POTvF
treatment ::ant, but dotes not include pipes, sewers
or othe r c ~:,~~eyances not connected to a f ac i l ity
providi:~r, 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.
(28) POTW Treatment Plant. That portion of the POTW designed
to provide treatment to wastewater.
(29) Shall is mandatory: Niay is permissive.
(30) Significant Industrial User. Any Industrial User of
the City's wastewater disposal system who (i) has a
discharge flow of 10,000 gallons or more per average
work day, or (ii) has a flow greater than 5~ of the
flow in the City's wastewater treatment system, or
(iii) has in his wastes toxic pollutants as defined
pursuant to Section 307 of the Act of State Statutes
and rules or (iv) is found by the City, State Control
Agency, or the U.S. Environmental Protection Agency
(EPA) to have significant impact, either singly or
in combination with other contributing industries,
on the wastewater treatment system, the quality of
sludge, the system's effluent quality, or air emissions
generated by the system.
(31) State. State of Arkansas.
(32) Standard Industrial Classification (SIC). A classification
pursuant to the Standard industrial Classification Manual
issued by the Executive Office of the President, Office of
Management and Budget, 1972.
(33) Storm 4v'ater. Any flow occurring during or following any
form of natural precipitation and resulting therefrom.
(34) Suspended Solids. The total suspended matter that floats
on the surface of, or is suspended in, water, wastewater
or other liquids, and which is removable by laboratory
filtering.
(35) Superintendent. 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
representative.
(36) Toxic Pollutant. Any pollutant or combination of pollutants
listed as toxic in regulations promulgated by the Administrator
of the Environmental Protection Agency under the provision of
CWA 307 (a) or other Acts .
(37) User. Any person who contributes, causes or permits the
contribution. of wastewater into City's POTW.
(38) 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 may be
present, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
(39) Waters of the State. All streams, lakes, ponds, marshes,
watercourse. ~:aterways, wells, springs, reservoirs, aquifers,
irrigation _ _ - t~-m~, drainage systems a:7d all other bodies or
accumulatic~.. ~ ~~.~~ter, surface or u:,dc.rgiound, natural or
-~-tiflc~-' _ .,- rrivate, ~•-'.~~: ~,_ ~-ontainec within,
G._ .-- ..
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,emu} 'v,'astewater ~ ~ _. ~ution Permit. ?:~ set forth in
section 4.2 ~__ _:.is ordinance.
1.3 Abbreviations:
The following abbreviations shall have the designated meanings:
BOD - Biochemical Oxygen Demand
CFR - Code of Federal F.egulations
COD - Chemical Oxygen Demand
EPA - Environmental Protection Agency
1 - Liter
mg - Milligrams
mg/1 - Milligrams per Liter
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
SIC - Standard Industrial Classification
SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et. seq.
USC - United States Code
TSS - Total Suspended Solids
SECTION 2 - REGULATIONS
2.1 General Discharge Prohibitions:
No User shall contribute or cause to be contributed, directly
or indirectly, any pollutant or wastewater which will interfere
with the operation or performance of the POTW. These general
prohibitions apply to all such Users of a POTW whether or not
the U~~r is subject to National Categorical Pretreatment
Standar~3s or any other National, State, or local Pretreatment
Standards or Requirements. A user may not contribute the
following substances to any POTW:
a) Any liquids, solids or gases which by reason of their
nature or quantity are, or may be, sufficient either
alone or by interaction with other substances to cause
fire or explosion or be injurious in any other way to
the POTW or to the operation of the POTW. At no time,
shall two successive readings on an explosion hazard
meter, at the point of discharge into the system, or
at any point in the system, be more than five percent
(5~) nor any single reading over ten percent (10~) of
the Lower Explosive Limit (LEL) of the meter. Prohibited
materials include, but are not limited to, gasoline,
kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides
and any other substances which the City, the State or
EPA has notified the User is a fire hazard or a hazard
to the system.
b) Solid or viscous substances which may cause obstruction
to the flow in a sewer or other interference with the
operation of the wastewater treatment facilities such
as, but not limited to: grease, garbage with particles
greater than one-half inch (~") in any dimension, animal
guts or tissues, paunch manure, bones, hair, hides or
fleshings, entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains,
spent hops, waste paper, wood, plastics, gas, tar,
asphalt residues from refining, or processing of fuel
or lubricatinc cil, mud, or glass grinding or polishing
wastes.
c) Any was: - ~--~-r having a pH less 'than 6.0 unless
the POTi~:-~ specif ical iy designed to accommodate
such wastE-..•ater, or wastewater having any other
corrosive property capable of causing damage or
hazard to structures, equipment, and/or personnel
of the POTW.
d) Any wastewater containing toxic pollutants in
sufficient quantity, either singly or by interaction
with other pollutants, to injure or interfere with
any wastewater treatment process, constitute a
hazard to humans or animals, create a toxic effect
in the receiving waters of the POTW, or to exceed
the limitation set forth in a Categorical Pretreatment
Standard. A toxic pollutant shall include but not be
limited to any pollutant identified pursuant to
Section 307 (a) of tl-,e Act.
e) Any noxious or malodorous liquids, gases, or solids
which either singly or by interaction with other
wastes are sufficient to create a public nuisance or
hazard to life or are sufficient to prevent entry into
the sewers for maintenance and repair.
f) Any substance which may cause the POTW's effluent or
any other product of the POTW such as residues, sludges,
or scums, to be unsuitable for reclamation and reuse
or to interfere with the reclamation process. In no
case, shall a substance discharged to the POTW cause
the POTW to be in non-compliance with sludge use or
disposal criteria, guidelines or regulations developer
under Section 405 of the Act; any criteria, guidelines,
or regulations affecting sludge use or disposal
;' developed pursuant to the Solid Waste Disposal Act,
' the Clean Air Act, the Toxic Substances Control Act,
or State criteria applicable to the sludge management
method being used.
g) Any substance which will cause the POTW to violate
its NPDES and/or State Disposal System Permit or
-the receiving water quality standards.
h) Any wastewater with objectionable color not removed
in the treatment process, such as, but not limited to,
dye wastes and vegetable tanning solutions.
i) Any wastewater having a temperature which will inhibit
biological activity in the POTW treatment plant resulting
in Interference, but in no case wastewater with a
temperature at the introduction into the POTW which
exceeds 40°C (104oF) unless the POTW treatment plant
is designed to accommodate such temperature.
j) Any pollutants, including oxygen demanding pollutants
(BOD, etc.) released at a flow rate and/or pollutant
concentration which a user knows or has reason to know
will cause Interference to the POTW. In no case shall
a slug load have a flow rate or contain concentration
or qualities of pollutants that exceed for any time
period longer than fifteen (15) minutes more than
five (5) times the average twenty-four (24) hour
concentration, quantities, or flow during normal
operation.
k) Any wastewater containing any radioactive wastes or
isotopes of such half life or concentration as may
exceed limits established by the Superintendent
in compliar.~c ~„it.h applicable State er Federal
regulatio~:~ .
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~~hen the Su-_-intendent determines that a User(s) is
contributin_ to the POT"v;, anh of the above enur,.eratec
substances is such a:r;cunts as to Interfere with }he
operation. of the POTF;, the Superintendent shall:
1) Advise th_ User(s) of the impact of the cc:~tributior. on
the POTS; ; and 2 ) Develop effluent 1 imita pion (s ) .f or such
User to correct the Interference with the POT4d.
2.2 Federal Cates rical Pretreatment Standards:
Upon the pr--~:,_ga .on c the Federal Categorical Pretreatment
Standards -;r a partic~.:~ar industrial subcategory, the Federal
Standard, ~f more stri.rlgent than limitations imposed under this
Ordinance for sources in chat subcategory, shall immediately
supersede the limitations imposed under this Ordinance: The
Superintendent shall notify all affected Users of the applicable
reporting requirements under 40 CFR, Section 403.12.
2.3 Modification of Federal Categorical Pretreatment Standards:
Where the City's wastewater treatment system achieves consistent
removal of pollutants limited by Federal Pretreatment Standards,
the City may apply to the Approval Authority for modification
of specific limits in the Federal Pretreatment Standards.
"Consistent Removal" shall mean reduction in the amount of
a pollutant or alteration of the nature of the pollutant by
the wastewater treatment system to a less toxic or harmless
state in the effluent which is achieved by the syste:r': 95 percent
of the samples taken when measured according to the procedures
set forth in Section 403.7 (c) (2) of Title 40 of the Code of
Federal Regulations, Part 403 - "General Pretreatment Regulations
for Existing and New Sources of Pollution" promulgated pursuant
to the Act. The City may then modify pollutant discharge limits
in the Federal Pretrea t-nent Standards if the requirements
contained in 40 CFR Part 403, Section 403.7 are fulfilled
and prior approval from the Approval Authority is obtained.
2.4 Saecific Pollutant Limitations:
No person shall discharge wastewater containing in excess of:
Nlaximum 1-Day 30-Dav Average
Arsenic 8.0 ppm 3.0 ppm
Cadmium .69 ppm 0.26 ppm
Copper 3.38 ppm ~ 2.07 ppm
Cyanide 1.2 ppm .65 ppm
Lead .69 ppm .43 ppm
N,ercury .05 ppm 0.03 -
_ Nickel 3.98 ppm 2.38 ppm'
Silver .43 ppm .24 ppm
Total Chromium 2.77 ppm 1.71 ppm
Z ir,c 2 . 61 ppm 1 .4 8 ppm
2.5 State Recuirements:
State requir~rr:ents and limitations on discharges shall apply
to any case where they are more stringent. than Federal
requ irements 4Tld limitations or those in this Ordinance.
2.E ~ Right of Revision:
The Cite reserves the right to establish by Ordinance more
stringen~ limitations or requirements on discharges to the
wastewater disposal system if deemed necessary to comply
with the objectives presented in Section 1.1 of this Ordinance.
2.7 Excessive Discharge:
No User shall ever increase the use of process water or,
in any way, attempt Lo 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 2.1,
e.g. the pH prohibition).
2.8 Accidental Discharges:
Each User shall provide protection from accidental discharge
of prohibited materials or other substances regulated by this
Ordinance. Facilities to prevent accidental discharge of
prohibited materials shall be provided and maintained at
the owner or user's own cost and expense. Detailed plans
showing facilities and operating procedures to provide
this protection shall be submitted to the City for review,
and shall be approved by the City before construction of
the facility. All existing Users shall complete such a
plan by July 1, 198. No user who commences contribution
to the POTW after the effective date of this Ordinance shall
be permitted to introduce pollutants into the system until
accidental discharge procedures have been approved by the
City. Review and approval of such plans and operating
procedures shall not relieve the industrial user from the
responsibility to modify the user's facility as necessary
to meet the requirements of this Ordinance. In the case
of an accidental discharge, it is the responsibility of the
user to immediately telephone and notify the POTW of the
incident. The notification shall include location of•
discharge, type and waste, concentration and volume, and
corrective actions.
Written Notice: Within five (5) days following an accidental
discharge; the User shall submit~to the Superintendent 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; not 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.
fly,,, Notice to Employees: A notice shall be permanently posted on
the User's bulletin board or other prominent place advising
employees whom to call in the event of a dangerous discharge.
Employers shall insure taht all employees who may cause or
suffer such a dangerous to occur are advised of the emergency
notificatic~, procedure.
SEC": ~-~ 3 - FEES
3.I 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:
The City may adopt charges and fees which may include:
a) fees for reimbursement of costs of setting up
and operating the City's Pretreatment Program;
b) fees for monitoring, inspections and surveillance
procedures;
c) fees for reviewing accidental discharge procedures
and construction;
d) fees for permit applications;
e) fees for filing appeals;
f) fees for consistent removal by the City of pollutants
otherwise subject to Federal Pretreatment Standards;
g) other fees as the City may deem necessary to carry
out the requirements contained herein.
These fees relate solely to the matters covered by this
Ordinance and are separate from all other fees chargeable
by the City.
SECTION 4 - ADMINISTRATION
4.1 Wastewater Dischargers:
It shall be unlawful to discharge without a City permit to
any natural outlet within the C ity 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
Superintendent in accordance with the provisions of this
Ordinance.
4.2 Wastewater Contribution Permits:
4.2.1 General Permits:
' 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
to or contributing to the POTW shall obtain a Wastewater
Contribution Permit within 180 days after the effective
date of this Ordinance.
_,~ Permit Application:
T.~ers required to obtain a W~Stewater Contribution
:~:rn;it shall complete and file with the City, an
application in the f orm prescribed by -the City, and
accompanied by a fee of $50. Existing users shall
apply for a Wastewater Contribution 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:
a) Name, address, and location, (if different from
the address);
b) SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972,
as amended;
c) Wastewater constituents and characteristics including
but not limited to those mentioned in Section 2 of
this Ordinance as determined by a reliable analytical
laboratory; sampling and analysis shall be performed
in accordance with procedures established by the
EPA pursuant to Section 304 (g) of the Act and contained
in 40 CFR, Part 136, as amended.
d) Time and duration of contribution;
e) Average daily and 3 minute peak wastewater flow
~ ~ rates, including daily, monthly and seasonal
~ variations if any;
f) Site plans, floor plans, mechanical and plumbing
plans and details to show all sewers, sewer
connections, and appurtenances by the size,
location and elevation;
g) Description of activities, facilities and plant
processes on the premises including all materials
which are or could be discharged;
h) Where known, the nature and concentration of any
pollutants in the discharge which are limited by any
City, State, or Federal Pretreatment Standards, and
a statement regarding whether or not the pretreatment
standards are being met on a consistent basis and if
not, whether additional Operation and Maintenance
(O&M) and/or additional pretreatment is required for
the User to meet applicable Pretreatment Standards;
i) If additional pretreatment and/or O & M will be
required to meet the Pretreatment Standards; the
shortest schedule by which the User will provide
~' such additional pretreatment. The completion date
in this schedule shall not be later than the compliance
date established for the applicable Pretreatment
Standard.
The following conditions shall apply to this schedule:
(1) The schedule shall contain increments of progress
in the form of dates for the commencement and
completion of major events leading to the
construction anc operation of additional pre-
tre atment reauir::: cr the User to meet the
applicable r' -*_reatment Standards (e.g.,
hiring an enc_;,eer, completing preliminary
plans, comple~ing final plans, executing,.,
contract for ~r.ajor components, commencing
construction, completing construction, etc.)
(2) No increment referred to in paragraph (1),
shall exceed 9 months.
(3) Not later than 14 days fallowing each date
in the schedule and the final date for compliance,
the User shall submit a progress report to the
Superintendent including, as a minimum, whether
or not it complied with the increment of progress
to be met on such date and, if not, the ,date on
which it expects to comply with this increment
of progress, the reason for delay, and the steps
being taken by the User to return the construction
to the schedule established. In no event shall
more than 9 months elapse between such progress
reports to the Superintendent.
j) Each product produced by type, amount, process or
processes and rate of production;
k) Type and amount of raw materials processed (average
and maximum per day);
1) Number and type of employees, and hours of operation
of plant and proposed or actual hours of operation
of pretreatment system;
m} Any other information as may be deemed by the City to
be necessary to evaluate the permit application.
The City will evaluate the data furnished by the user and
may require additional information. After evaluation and
acceptance of the data furnished, the City may issue a
Wastewater Contribution Permit subject to terms and
conditions provided herein.
4.2.3
Permit Modifications:
Within 9 months of the promulgation of a National Categorical
Pretreatment Standard, the Wastewater Contribution Permit of
Users subject to such standards shall be revised to require
compliance with such standard within the time frame prescribe3
by such standard. Where a User, subject to a National
Categorical Pretreatment Standard, has not previously
submitted an application for a Wastewater Contribution Permit
as required by 4.2.2, the User shall apply for a Wastewater
Contribution Permit within 180 days after the promulgation
of the Applicable National Categorical Pretreatment Standard.
In addition, the User with an existing Wastewater Contribution
-~ Permit shall submit to the Superintendent 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.
4.2.4 Permit Conditions:
Wastewater Discharge Permits shall be expressly subject to
all provisions of this Ordinance and all other applicable
regulations, user charoe= end fees established by the City.
Permits r~~ay contain the - =:ok~ing:
G) ih~~ ~:r:it~ charge .or schedu~~ of user charges and fees
fog the wastewater to be discharged to a community
se~rr;
b) Limits on the average and maximum wastewater
constituents and characteristics;
c) Limits on average and maximum rate and time of
discharge or requirements for flow regulations
and equalization;
d) Requirements for installation and maintenance of
inspection and sampling facilities;
e) Specifications for monitoring programs which may
include sampling locations, frequency of sampling,
number, types and standards for tests and reporting
schedule;
f) Compliance Schedule;
g) Requirements for submission of technical reports or
discharge reports (see 4.3);
h) Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified
by the City, and affording the City access thereto;
i) Requirements for notification of the City or any new
introduction of wastewater constitutents or any
substantial change in volume or character of the waste-
water constitutents being introduced into the wastewater
treatment system;
j) Requirements for notification of slug discharges as
per 5.2;
k) Other conditions as deemed appropriate by the City
to ensure compliance with this Ordinance.
4.2.5 Permits Duration:
Permits shall be issued for a specified time period, not
to exceed three (3) years. A permit may be issued for
a period less than a year or may be stated to expire on
a specific date. The user shall apply for permit
reissuance a minimum of 180 days prior to the expiration
of the user's existing permit. The terms and conditions
of the permit may be subject to modification by the City
during the term of the permit as limitations or requirements
as identified in Section 2 are modified or other just
cause exists. The User shall be informed of any proposed
changes in his permit at least 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.
4.2.6 Permit Transfer:
Wastewater Discharge Permits are issued to a specific User
for a specific operation. A wastewater discharge permit
shall not be reassigned or transferred or sold to a new
owner, new User, different premises, or a new or changed
operation without the approval of the City. Any succeeding
owner or User shall also comply with the terms and
conditions of the existing permit.
4.3 r-:~_:-:~rting Require: for Pern:ittee:
4.3.1 Compliance Late Report:
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
Superintendent a report indicating the nature
and concentration of all pollutants in the
discharge from the regulated process which are
limited by Pretreatment Standars 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.
4.3.2 Periodic Compliance Reports:
(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 Superintendent during
the months of June and December, unless required
more frequently in the Pretreatment Standard or
by the Superintendent, 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 flows which during the
reporting period exceeded the average daily flow
reported in paragraph (b)(4) of this section.
At the discretion of the Superintendent and in
consideration of such factors as local high or
low flow rates, holidays, budget cycles, etc.,
the Superintendent may agree to alter the months
during which the above reports are to be submitted.
(2) The Superintendent 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 indica~e
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 Superintendent, 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 esta}:__hed by the Administrator
pursuant to sect.-:. =04 (g) of the Act and containE~
in. 4C CFR, Pert ..~. :nd amendments thereto or wits
.• .
any oL:.~~ test procedures appro.~~d by the
Administrator. Sampling shall be performed
in accordance with the techniques approved
by the Administrator.
4.4 Monitoring Facilities:
The C:.~y shall require to be provided and operated at
the User's own expense, monitoring facilities to allow
inspection, sampling, and flow measurement of the
building sewer and/or internal drainage systems. The
monitoring facility should normally be situated on
the User's premises, but the City may, when such a
location would be impractical or cause undue hardship
on the User, allow the facility to be constructed in
the public street or sidewalk area and located so
that it will not be obstructed by landscaping or
parked vehicles.
There shall be ample room in or near such sampling
manhole or facility to allow accurate sampling and
preparation of samples for analysis. The facility,
sampling, and measuring equipment shall be maintained
at all times in a safe and proper operating condition
at the expense of the user.
Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided
in accordance with the City's requirements and all
applicable local construction standards and specifications.
Construction shall be completed within 90 days following
written notification by the City.
4.5 Inspection and Sampling:
The City 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 premises where wastewater is created or
discharged shall allow the City or their representative
ready access at all reasonable times to all parts of the
premises for the purposes of inspection, sampling,
records examination or in the performance of any of
their duties. EPA shall have the right to set up on
the User's property such devices as are necessary to
conduct sampling inspection, compliance monitoring
and/or metering operations. Where a User has security
measures in force which would require proper identification
and clearance before entry into their premises, the User
shall make necessary arrangements with their security
guards so that upon presentation of suitable identification,
personnel from the City, Approval Authority and EPA will be
permitted to enter, without delay, for the purposes of
performing their specific responsibilities.
r 4.6 Pretreatment:
Users shall provide necessary wastewater treatment as
required to comply with this Ordinance and shall achieve
compliance with all Federal Categorical Pretreatment
Standards within the time limitations as specified by
the Federal Pretreatment Regulations. Any facilities
required to pretreat wastewater to a le~~el acceptable
to the City shall be provided, operated, and maintained
at the user's expense. Detailed plans showing the
pry ~. ~ ~ -~~. _ n t 1 C` i 1 i t ies and operating procedures sha l l
__ : ~ , : `- tr, :~:~ C + t}~ for review, and ~?;a1 1 be
,_, _ .. ~
accepta~f to the City beic-. ~:onstruction of the
facility. The review of suc lays and operating
procedures will in no way relieve the user from
the responsibility of modif}•ing the facility as
necessary to produce an effluent acceptable to
the City under the provisions of this Ordinance.
Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be
acceptable to the City prior to the user's initiation
of the changes .
The City shall annually publish in the Evening Times
newspaper a list of the Users which were not in
compliance with any Pretreatment Requirements or
Standards at least once during the 12 previous months.
The notification shall also summarize any enforcement
actions taken against the user(s) during the same 12
months.
All records relating to compliance with Pretreatment
Stnadards shall be made available to officials of
the EPA or Approval Authority upon request.
4.7 Confidential Information:
Information and data on a User obtained from reports,
questionnaires, permit applications, permits and
monitoring programs and from inspections shall be
available to the public or other governmental agency
without restriction unless the User specifically requests
and is able to demonstrate to the satisfaction of the
City that the release of such information would divulge
information, processes or methods of production entitled
to protection as trade secrets of the User.
When requested by the person furnishing a report, 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
upon written request to governmental agencies for uses
related to this Ordinance, the National Pollutant Discharge
Elimination System (NPDES) Permit, State Disposal System
permit and/or the Pretreatment Programs; provided, however,
that such portions of a report shall be available for use
by the State or any state agency in judicial review or
enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
Information accepted by the City as confidential, shall
not be transmitted to any governmental agency or to the
general public by the City until and unless a -ten day
notification is given to the User.
SECTION 5 - ENFORCEMENT
5.1 Harmful Contributions:
The City may suspend the wastewater treatment service
and/or a Wastewater Contribution Permit when such suspensior.
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 substan.-~M1 endangerment to the
health or welfare of persons, `~ the environment, causes
Interference to the POTW or c~.~. ~ ~ ~: the City to violate
;ny condition of i is NPDES P ~ : _ . ,
~n}~ t:;`rson notified of a suspension of the wastewater
treatment service and/or the Wastewater Contribution
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 Contribution 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.
5.2 Revocation of Permit:
Any User who violates the following conditions of
this Ordinance, or applicable state and federal
regulations, is subject to having his permit
revoked in accordance with the procedures of Section 5
of this Ordinance:
a} Failure of a User to factually report the wastewater
constituents and characteristics of his discharge;
b) Failure of the User to report significant changes
in operations, or wastewater constituents and
characteristics;
c) Refusal of reasonable access to the User's premises
for the purpose of inspection or monitoring; or,
d) Violation of conditions of the permit.
5.3 Notification of Violation:
Whenever the City finds that any User has violated or
is violating this Ordinance, wastewater contribution
permit, or any prohibition, limitation of 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.
5.4 Show Cause Hearing:
5.4.1
The City may order any User who causes or allows
an unauthorized discharge to enter the POTW to show
cause before the City Council why the proposed
enforcement action should not be taken. A notice
shall be served on the User specifying the time
and place of a hearing to be held by the City Council
regarding the violation, the reasons why the action
is to be taken, the proposed enforcement action,
and directing the User to show cause before the
City Council why the proposed enforcement action
should not be taken. The notice of the hearing
shall ~~~e served personally or by registered or
c`~-~ _' _~:= :;:ail (i~~-urn receipt requested} at least
• - _ `_ ~ ~ r1C E Z-~' 1Ce I'ia}' be ?;",c. ~~ Cr,
_.,
_ '.2
The City Ccu^c.. -,=_y itself conduct t:Ze hearing
ar,d take the ev~~_zce, or :ray designate any of
its members or ~~y officer or employee of the
assigned depart,;,ent to:
a) Issue ir. the name of the City Council notices
of hearings requesting the attendance any.
testimony of witnesses and the production of
evidence relevant to any matter involved in
such hearings;
b) Take the evidence;
c) Transmit a report of the evidence and hearing,
including transcripts and other evidence,
together with recommendations to the City
Council for action thereon.
5.4.3
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 upor. payment of the usual
charges thereof.
5.4.4
After the City Council has reviewed the evidence,
it may issue an order to the User responsible for
the discharge directing that, f oilowing a specified
time period, the sewer service be discontinued unless
adequate treatment facilities, devices or other related
appurtenances shall ha:~e been installed on existing
treat:-nent facilities, devices or other related
appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may
be issued.
5.5 Lecal Action:
If any person discharges sewage, industrial wastes or
other wastes into the City's wastewater disposal system
contrary to the provisions of this Ordinance, Federal
or State Pretreatment Requirements, or any order of the
City, the City Attorney may commence an action for ap-
propriate legal and/or equitable relief in the West
Memphis Municipal Court of this County.
SECTIOr1 6 - PE`~ALTY A";D%OR COSTS
6.1 Civil Per.3lties:
Any L"user wr,o is found to .ave violated an Order of the
City Council or wro will~~~liy or negligently failed to
cc:~ply with any provision of this Ordinance, an3 the
orders, rules, regulations and permits issued hereunder,
steal l be fired not 1 _ss ~ ..an Or,e Hundred Dollars (100)
nor mere than One Thc~s~-;: _~ollars ($1,000) for each
off; r.se. ~ach day cr_ , . -.. ~ ~•iolation sr.al l occur or
..~
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'",~~'.
~~
,~ ~r1-
•'~
;:or;time sr,all be ~:~c:~~_d a separate anc c:_s=~.nct
offense. In additicr: to the penalties provided
herein, the City ay recover reasonable attorneys'
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:
Any person who knowingly makes any false statements,
representation or certification in any application,
record, report, plan or other document filed or
required to be maintained pursuant to this Ordinance,
or Wastewater Contribution 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 $1,000 or by imprisonment
for not more than 6 months, or by both.
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, sections, and chapters shall not
be affected and sr,all continue in full force and effect.
SECTION 8 - CONFLICT
All other Ordinances and parts of other Ordinances
inconsistent or conflicting witf~ any part of this
Ordinance are hereby repealed to the extent of such
inconsistency or conflict.
SECTION 9- EFFECTIVE DATE ORDINANCE IN FORCE
It being found and determined by the City Council of
the City of West Memphis, Arkansas, that- revisions of
the Sewer Use Ordinance are needed irr~.ediately,
therefore an emergency is hereby declared to exist and
this Ordinance shall be in full forc effect from
and after its passage and approv .
ADOPTED this ~ day
ATTEST:.
C I T~' CLER