19497I ORDINANCE NO. 19,497
2
3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV.
4 CODE § 29 -1 TO § 29 -196 (1988) TO ADD PROVISIONS
5 REQUIRED BY THE CITY'S NATIONAL POLLUTANT
6 DISCHARGE ELIMINATION SYSTEM PERMIT AND TO
7 FURTHER CLARIFY THE STATUS OF CERTAIN
8 DISCHARGES OF NON- STORMWATER TO THE CITY'S
9 MUNICIPAL SEPARATE STORM SEWER SYSTEM; TO
10 DECLARE AN EMERGENCY; AND FOR OTHER
11 PURPOSES.
12
13 WHEREAS, on July 31, 2005, the Arkansas Department of Environmental
14 Quality issued the City a new National Pollutant Discharge Elimination System
15 ( "NPDES ") Permit No. ARS000002 effective September 1, 2005, and
16 WHEREAS, because of the requirements of the City's NPDES permit, it has
17 become necessary to amend Chapter 29 of the Little Rock Code, Stormwater
18 Management and Drainage, to clarify the requirements of the operator of the Little Rock
19 Sanitary Sewer System relative to certain discharges from the Little Rock Sanitary Sewer
20 System, and
21 WHEREAS, it is also necessary to amend Chapter 29 of the Little Rock Code to
22 further clarify the status of certain discharges of non -storm water to the City's
23 municipal separate storm sewer system.
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
25 OF THE CITY OF LITTLE ROCK, ARKANSAS:
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I Section 1. A new Little Rock, Ark., Rev. Code § 29 -43 (1988), Unpermitted
2 discharges of dry and wet weather overflows from sanitary sewers into the city's
3 municipal separate storm sewer system, is hereby added as follows:
4 "The operator of the Little Rock Sanitary Sewer System shall eliminate
5 unpermitted discharges of dry and wet weather overflows from sanitary
6 sewers into the city's municipal separate storm sewer system."
7 Section 2. A new Little Rock, Ark., Rev. Code § 29 -44 (1988), Infiltration from
8 sanitary sewers into the city's municipal separate storm sewer system, is hereby
9 added as follows:
10 "The operator of the Little Rock Sanitary Sewer System shall limit the
11 infiltration from sanitary sewers into the city's municipal separate storm
12 sewer system."
13 Section 3. A new Little Rock, Ark., Rev. Code § 29 -45 (1988), Discharge of
14 non -storm water to the city's municipal separate storm sewer system, is hereby added
15 as follows:
16 "(a) Except as provided in paragraph (b) below, it shall be unlawful to
17 discharge non -storm water to the city's municipal separate storm sewer
18 system.
19 (b) Unless identified by the city, the U. S. Environmental Protection
20 Agency, or the State of Arkansas as significant sources of pollutants to
21 waters of the State, it shall not be unlawful to discharge the following
22 non -storm water into the city's municipal separate storm sewer system:
23 (1)
water line flushing;
24 (2)
landscape irrigation;
25 (3)
diverted stream flows;
26 (4)
rising ground waters;
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(5) uncontaminated ground water infiltration [as defined at 40 CFR
35.2005(20)] to separate storm sewers;
(6) uncontaminated pumped ground water;
(7) discharges from potable water sources;
(8) foundation drains;
(9) air conditioning condensate;
(10) irrigation water;
(11) springs;
(12) water from crawl space pumps;
(13) footing drains;
(14) lawn watering;
(15) individual residential car washing;
(16) flows from riparian habitats and wetlands;
(17) dechlorinated swimming pool discharges;
(18) street wash waters; and
(19) discharges or flows from emergency fire fighting activities."
Section 4. A new Little Rock, Ark., Rev. Code § 29 -46 (1988), Discharge of
used motor vehicle fluids and household hazardous wastes into the city's municipal
separate storm sewer system, is hereby added as follows:
"It shall be unlawful to discharge used motor vehicle fluids and
household hazardous wastes into the city's municipal separate storm
sewer system."
Section 5. Severability. In the event any section, subsection, subdivision,
paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is
declared or adjudged to be invalid or unconstitutional, such declaration or adjudication
shall not affect the remaining provisions of this ordinance, as if such invalid or
unconstitutional provision was not originally a part of this ordinance.
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Section 6. Repealer. All ordinances, resolutions, bylaws, and other matters
inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
Section 7. Emergency. Because the City is required by both the Arkansas
Department of Environmental Quality and the U. S. Environmental Protection Agency to
comply with the provisions of NPDES Permit No. ARS000002, and because Chapter 29,
Stormwater Management and Drainage, of the City code is essential to compliance with the
City's NPDES permit and is also essential to protect the public health, safety and welfare, an
emergency is declared to exist and this ordinance shall be in full force and effect from and after
the date of this adoption.
PASSED: March 7, 2006
ATTEST:
Na y Woo , City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City XAorney
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APPROVED:
- ! M6;i
p Dailey, Mayor