14129ORDINANCE NO. 14,129
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AN ORDINANCE REVISING AND AMENDING AN ORDINANCE REGULATING THE
USE OF PUBLIC AND PRIVATE SEWERS, PRIVATE SEWAGE DISPOSAL, THE
INSTALLATION, CONSTRUCTION, MAINTENANCE, AND CONNECTION OF
akl BUILDING SEWERS; THE DISCHARGE OF WATERS AND WASTES INTO THE
�i PUBLIC SEWER SYSTEM; PROVIDING PENALTIES FOR THE VIOLATION THERE-
OF; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND FOR OTHER
01 PURPOSES, ALL PERTAINING TO THE SEWER LINES AND SYSTEM WITHIN
>' THE JURISDICTION OF THE CITY OF LITTLE ROCK, ARKANSAS, AS SET
FORTH IN ORDINANCE NO. 13,062, PASSED ON JULY 1, 1975.
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WHEREAS, there is currently in effect a certain
ofx Ordinance No. 13,062, passed on July 1, 1975, regulating the
use of public and private sewers, private sewage disposal,
the installation, construction, maintenance, and connection
of building sewers; the discharge of waters and wastes into
the public sewer system; providing penalties for the violation
thereof; repealing all ordinances in conflict therewith; and
for other purposes, all pertaining to the sewer lines and
system within the jurisdiction of the City of Little Rock,
Arkansas.
WHEREAS, it is in the best interest and welfare of
the City of Little Rock, (the "City ") to amend existing
Ordinance No. 13,062, passed on July 1, 1975, for the purpose
of clarifying the provisions thereof by including additional
definitions of terms in Article I, Section 1 through 37,
revising, restating and clarifying Section 5 of Article VI
prohibiting any person from discharging into a trunk sewer,
either directly or indirectly, any waste that creates a
stoppage or other damage and making that person liable for
expenses attributable thereto, as well as revising Section 9
of Article VI regarding sampling and measurement of industrial
wastes, deleting Section 11 of Article VI in its entirety,
revising and clarifying the powers and authorities of Inspectors
set forth in Section 1 of Article VIII, and adding a penalty
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for making false statements, records or falsifying any
monitoring device contained in revised Section 2 of Article IX.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
ARTICLE I.
DEFINITIONS
Unless the context specifically indicates otherwise,
the meaning of terms used in this Ordinance shall be as follows:
Sec. 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.
Sec.. 2. "BOD" (denoting Biochemical Oxygen Demand)
shall mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory pro-
cedures in five (5) days at 20 °C expressed in milligrams per
liter.
Sec. 3. "Building Drain" shall mean that part of the
lowest horizontal piping of a drainage system which receives
the discharge from soil water, and other drainage pipes outside
the walls of the building and conveys it to the building sewer,
beginning five (5) feet outside the inner face of the building
wall.
Sec. 4. "Building Sewer" shall mean the extension
from the building drain to the public or other place of disposal.
Sec. 5. Categorical Standards. National categorical
pretreatment standards or pretreatment standards.
Sec. 6. Cooling Water. The water discharged from
any use such as air conditioning, cooling or refrigeration, or
to which the only pollutant added is heat.
Sec. 7. Environmental Protection Agency, or EPA.
The United States Environmental Protection Agency.
Sec. 8. "Garbage" shall mean solid wastes from the
domestic and commercial preparation, cooking and disposing of
food, and from the handling, storage, and sale of produce.
Sec. 9. 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.
Sec.: 10. "Industrial Wastes" shall mean the liquid
wastes from industrial manufacturing processes, trade, or
business, as distinct from sanitary sewage.
Sec. 11. "Manager" shall mean the Manager of the
Little Rock Wastewater Utility, or his authorized deputy, agent
or representative.
Sec. 12. National Categorical Pretreatment Standard
or Pretreatment Standard. Any regulation containing pollutant
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discharge limits promulgated by the EPA in accordance with
Section 307(b) and (c) of the Act which applies to a specific
category of Industrial Users.
Sec. 13. "Natural Outlet" shall mean any outlet into
a watercourse, pond, ditch, lake, or other body of surface or
groundwater.
Sec. 14. NPDES. Shall mean the National Pollution
Discharge Eliminations System.
Sec. 15. Objectional Waste. Shall mean any wastes
that can ha�ther the sewers, sewer treatment process, or
equipment, have an adverse effect on the receiving stream or
otherwise endanger life, health or property, or constitutes
a nuisance.
Sec. 16. "Oil and Grease" shall mean a group of
substances including fats, waxes, free fatty acids, calcium
and magnesium soaps, mineral oils and certain other non -fatty
materials, as may from time to time be designated by the
Manager of the Little Rock Wastewater Utility.
Sec. 17. "Person" shall mean any individual, firm,
company, association, society, corporation, or group.
Sec. 18. "pH" shall mean the logarithm of the recip-
rocal of the weight of hydrogen ions in grams per liter of
solution.
Sec. 19. Pretreatment. Shall mean the treatment of
wastewater before introduction into a publicly owned sewerage
system.
Sec. 20. "Properly Shredded Garbage" shall mean the
wastes from the preparation, cooking, dispensing of food that
has been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than one -half
(1/2) inch in dimension.
Sec. 21. "Public Sewer" shall mean a sewer in which
all owners of abutting properties have equal rights, and is
controlled by public authority.
Sec. 22. Publicly Owned Treatment Works (POTW). 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 treat-
ment. 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.
Sec. 23. POTW Treatment Plant. That portion of the
POTW designed to provide treatment to wastewater.
Sec. 24. "Sanitary Sewer" shall mean a sewer in
which sewage is carried, and to which storm, surface, and ground
waters are not intentionally admitted.
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Sec. 25. "Sewage" shall mean a combination of
the water - carried wastes from residences, business buildings,
institutions, and industries.
Sec. 26. "Sewer System" shall mean the Little Rock
Wastewater Utility as operated by the Sewer Committee of
the City of Little Rock, Arkansas.
Sec. 27. "Sewage Treatment Plant" shall mean any
arrangement of devices and structures used for treating sewage.
Sec. 28. "Sewage Works" shall mean all facilities
for collecting, pumping, treating, and disposing of sewage.
Sec. 29. "Sewer" shall mean a pipe or conduit for
carrying sewage.
Sec. 30. "Shall" is mandatory; "May" is permissive.
Sec. 31. "Slug" shall mean any discharge of water,
sewage, or industrial waste which in concentration of any given
constituent or in quantity of flow exceeds for any period of
duration longer than fifteen (15) minutes more than five (5)
times the average twenty -four (24) hour concentration or flows
during normal operation.
Sec. 32. Standard Industrial Classification (SIC).
A classification pursuant to the Standard Industrial Classi-
fication manual issued by the Executive Office of the
President, Office of Management and Budget, 1972.
Sec. 33. State. State of Arkansas.
Sec. 34. "Storm Drain" (sometimes termed "storm
sewer ") shall mean a sewer which carries storm and surface
water and drainage, but excludes sewage and industrial wastes,
other than unpolluted cooling water.
Sec. 35. "Suspended Solids" shall mean solids that
either float on the surface of, or are in suspension in water,
sewage, or other liquids, and which are removable by laboratory
filtering.
Sec. 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 provisions of the Clean Water Act 307(a) or other acts.
Sec. 37. "Watercourse" shall mean a channel in which
a flow of water occurs, either continuously or intermittently.
ARTICLE II.
USE OF PUBLIC SEWERS REQUIRED
Sec. 1. It shall be unlawful for any person to place,
deposit, or permit to be deposited in any insanitary manner on
public or private property within the City of Little Rock,
Arkansas, or in any area under the jurisdiction of said City,
any human or animal excrement, or other objectionable wastes.
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Sec. 2. It shall be unlawful to discharge to any
natural outlet within the City of Little Rock, Arkansas, or in
any area under the jurisdiction of said City, any sewage or
other polluted waters, except where suitable treatment has been
provided in accordance with provisions of this Ordinance.
Sec. 3. Except as hereinafter provided, it shall be
unlawful to construct or maintain any privy, privy vault, septic
tank, cesspool, or other facility intended to be used for the
disposal of sewage.
Sec. 4. The owner of all houses, buildings, or
properties used for human occupancy, employment, recreation,
or other purposes, situated within the City and abutting on any
street, alley, or right -of -way in which there is now located or
may in the future be located a public sanitary sewer of the City,
is hereby required, at his expense, to install a suitable
toilet facilities therein, and to connect such facilities
directly with the proper public sewer in accordance with the
provisions of this Ordinance, within thirty (30) days after date
of official notice to do so, provided that said property is
within three hundred (300) feet of an accessible sewer.
ARTICLE III.
PRIVATE SEWAGE DISPOSAL
Sec. 1. Where a public sanitary sewer is not available,
under the provisions of Article II, Section 4, the building sewer
shall be connected to a private sewage disposal system complying
with the provisions of this Article.
Sec. 2. Before commencement of constructing of a
private sewage disposal system, the owner shall first obtain a
written permit signed by the Health Officer. The application
for such permit shall be made on a form furnished by the City,
which the applicant shall supplement by any plans, specifications,
and other information as are deemed necessary by the Health
Officer.
Sec. 3. The type, capacities, locations, and layout of
private sewage disposal systems shall comply with all recom-
mendations of the State Department of Health of the State of
Arkansas and the Pollution Control Commission.
Sec. 4. When a public sewer becomes available, the
building sewer shall be connected to said sewer within thirty
(30) days, and the private sewage disposal system shall be
cleaned of sludge, and filled with clean bank -run gravel or dirt.
ARTICLE IV.
BUILDING SEWERS AND CONNECTIONS
Sec. 1. No unauthorized person
any connection with or opening into, use,
any public sewer or appurtenance thereof
a written permit from the Manager of the
Utility.
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shall uncover, make
alter, or disturb,
without first obtaining
Little Rock Wastewater
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Sec. 2. There shall be two (2) classes of building
sewer permits: (a) for residential and commercial service, and
(b) for service to establishments producing industrial wastes.
In either case, the owner or agent shall make application on a
special form furnished by the City. The permit application shall
be supplemented by any plans, specifications, or other information
considered pertinent in the judgment of the Manager. A permit
and inspection fee of $10.00 for residential or commercial
building sewer permit, and $45.00 for an industrial sewer permit
shall be paid to the Wastewater Utility at the time the application
is filed. Coincident with application for a permit, a
connection fee shall be paid the Wastewater Utility. Said fee
shall be in proportion to the sewage treatment capacity required
by the connected facility, in accordance with a schedule adopted
by the Sewer Committee.
Sec. 3. All costs and expenses incident to the
installation and connection of the building sewer shall be borne
by the owner. The owner shall indemnify the City from any loss
or damage that may directly be occasioned by the installation of
the building sewer.
Sec. 4. A separate and independent building sewer shall
be provided for every building except as follows:
(a) Where multiple buildings are constructed in an
apartment complex or condominium on a single lot or tract of land
which cannot be subsequently subdivided and sold in parcels,
the individual buildings may be connected to a collector building
sewer provided that only one person is responsible for maintenance
of the building sewer.
(b) Temporary buildings, mobile homes, or similar
portable structures may be connected to a building sewer
installed to serve a previously constructed permanent building
provided that both the permanent and temporary buildings are
located on the same lot.
Sec. 5. Old building sewers may be used in connection
with new buildings only when they are found, upon examination
and testing by the Wastewater Utility inspector, to meet all
requirements of this ordinance and other rules and regulations
of the Wastewater Utility.
Sec. 6. The size, slope, alignment, and materials of
constructi no of a building sewer and the methods to be used in
excavating, placing of pipe, jointing, testing, and backfilling
the trench, shall all conform to the rules and regulations of
the Wastewater Utility, the building and plumbing codes, or
other applicable rules or regulations of the City. In the absence
of code provisions or in amplification thereof, the materials
and procedures set forth in appropriate specifications of the
A.S.T.M. and W.P.C.P. Manual of Practice No. 9 shall apply.
Sec. 7. Whenever possible, the building sewer shall
be brought to the building at an elevation below the basement floor.
In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by
such building drain shall be lifted by an approved means and
discharged to the building sewer.
Sec. 8. No person shall make connection of roof
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downspouts, exterior foundation drains, areaway drains, or
other sources of surface runoff or groundwater to a building
sewer or building drain which in turn is connected directly
or indirectly to a public sanitary sewer.
Sec. 9. The connection of the building sewer into
the public sewer shall conform to the rules and regulations of
the Wastewater Utility, the building and plumbing codes or
other applicable rules and regulations of the City, or the
procedures set forth in appropriate specifications of the
A.S.T.M. and W.P.C.F. Manual of Practice No. 9. All such
connections shall be made gas tight and water tight. Any
deviation from the prescribed procedures and materials must be
approved by the Manager of the Little Rock Wastewater Utility
before installation.
Sec. 10. The applicant for the building sewer permit
shall notify the Manager of the Wastewater Utility when the
building sewer is ready for inspection and connection to the
public sewer. All portions of the building sewer from the
foundation to the connection to the public sewer shall be
inspected and approved by the Manager or his deputy before
backfilling.
Sec. 11. All excavations for building sewer instal-
lation shall be adequately guarded with barricades and lights
so as to protect the public from hazard. Streets, sidewalks,
parkways, and other public property disturbed in the course
of the work shall be restored in a manner satisfactory to the
City Public Works Department.
ARTICLE V.
DISCONNECTING SEWERS
Sec'. 1. Before any dwelling or other building being
served by the public sewer is moved or demolished, the building
sewer serving said building shall be disconnected from the
sewer at the property line and the remaining building sewer
sealed to prevent the entrance of stormwater and debris into
the public sewer. Prior to the demolition or moving of any
building so served by the public sewer, application shall be
made to the office of the Little Rock Wastewater Utility for
Disconnect and Seal of the building sewer. The cost of said
Disconnect and Seal shall be the sum of $25.00 to cover the
cost of sealing the disconnected building sewer by Wastewater
Utility maintenance forces.
Sec. 2. At least three (3) days before the building
is moved or demolished, but after it is no longer occupied,
the Disconnect and Seal holder shall notify the Wastewater
Utility that the building sewer is ready for seal.
ARTICLE VI.
USE OF PUBLIC SEWERS
Sec. 1. No person shall discharge or cause to be
discharged any stormwater, surface water, groundwater, roof
runoff, subsurface drainage, uncontaminated cooling water, or
unpolluted industrial process into any sanitary sewer.
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Sec. 2. Stormwater and all other unpolluted drainage
shall be discharged to such sewers as are specifically designated
as storm sewers or to a natural outlet approved by the City
Engineer. Industrial cooling water or unpolluted process waters
may be discharged upon approval by the City Engineer to a storm
sewer or natural outlet.
Sec. 3. No person shall discharge or cause to be
discharged any of the following described water or wastes to
any public sewer:
(a) Any gasoline, benzene, naptha, fuel oil, or other
flammable or explosive liquid, solid or gas.
(b) Any waters or wastes containing toxic or poisonous
solids, liquids, or gases, in sufficient quantity, either singly
or by interaction with other wastes, to injure or interfere with
any sewage treatment process, constitute a hazard to humans or
animals, create a public nuisance, or create any hazard to
humans or animals, create a public nuisance, or create any
hazard in the receiving waters of the sewage treatment plant.
(c) Any waters or wastes having a pH lower than
5.5 or having any other corrosive property capable of causing
damage or hazard to structures, equipment, and personnel of
the sewage works.
(d) Solid or viscous substances in quantities or of
such size capable of causing obstruction to the flow in sewers,
or other interference with the proper operation of the sewage
works such as, but not limited to, ashes, cinders, sand, mud,
straw, shavings, metals, glass, rags, feathers, tar, plastics,
wood, unground garbage, whole blood, paunch manure, hair and
fleshings, entrails, and papers dishes, cups, milk containers,
etc., either whole or ground by garbage grinders.
Sec. 4. No person shall discharge or cause to be
discharged the following described substances, materials, waters,
or wastes if it appears likely, in the opinion of the Manager
of the Wastewater Utility, that such wastes can harm either the
sewers, sewage treatment process, or equipment, have an adverse
effect on the receiving stream, or can otherwise endanger life,
limb, public property, or constitute a nuisance; in forming his
opinion as to the acceptability of these waters, the Manager
will give consideration to such factors as materials of construc-
tion of the sewers, nature of the sewage treatment process,
capacity of the sewage treatment plant, degree of treatability
of wastes in the sewage treatment plant, and other pertinent
factors:
(a) Any liquid or vapor having a temperature higher
than one hundred fifty (150) °F or sixty -five (65) °C.
(b) Any waters or wastes containing fats, waxes,
greases, or oils, whether emulsified or not, in excess of one
hundred (100) mg /1 or containing substances which may solidify
or become viscous at temperatures between thirty -two (32) and
one hundred fifty (150) °F or between zero (0) and sixty -five
(65) °C.
(c) Any garbage that has not been properly shredded.
The installation and operation of any garbage grinder equipped
with a motor of three- fourth (3/4) horsepower (0.76 horsepower
metric) or greater shall be subject to the review and approval
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of the Manager of the Wastewater Utility.
(d) Any waters or wastes containing strong acid iron
pickling wastes or concentrated plating solutions, whether
neutralized or not.
(e) Any waters of wastes containing toxic materials
or heavy metals in concentrations exceeding the following limits:
Element mg /l
Arsenic
0.05
Barium
5.0
Boron
1.0
Cadmium
0.02
Chromium (total)
0.5
Copper
0.2
Zinc
0.5
Lead
0.1
Manganese
1.0
Mercury
0.005
Nickel
1.0
Selenium
0.02
Silver
0.1
Cyanide
0.05
In addition, waters or wastes containing any measurable
trace of the following:
Antimony
Beryllium
Bismuth
Cobalt
Molybdenum
Tin
Pesticides
Uranyl ion
Rhenium
Strontium
Tellurium
Herbi tides
(f) Any waters or wastes containing phenols or other
taste or odor producing substances in such concentrations
exceeding the limits which may be established by the Manager
as necessary after treatment of the composite sewage to meet
the requirements of the State, Federal, or other public agencies
of jurisdiction for such discharge to the receiving waters.
(g) Any radioactive wastes or isotopes of such
half -life of concentration as may exceed limits established by
the Manager in compliance with applicable State or Federal
regulations.
(h) Any waters or wastes having a pH excess of'9.5.
(i) Materials which exert or cause -
(1) Unusual concentrations of inert suspended
solids such as, but not limited to, Fuller earth, lime slurries,
and lime residues, or of dissolved solids such as, but not
limited to, sodium chloride and sodium sulfate.
(2) Excessive discoloration such as, but not
limited.to, dyes, wastes, and vegetable tanning solutions.
(3) BOD or chemical oxygen demand in excess of
300 mg /1, suspended solids in excess of 300 mg /l, chlorine
demands or oxygen requirements such as to cause an unusual load
on the treatment works.
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(4) Unusual volume of flow or concentration
of wastes constituting slugs as defined herein.
(j) Waters or wastes containing substances which are
not amenable to treatment or reduction by the sewage treatment
processes employed or are amenable to treatment only to such
degree that the sewage treatment plant effluent cannot meet the
requirements of other agencies having jurisdiction over discharge
to the receiving waters.
Sec. 5. No person shall discharge or cause to be
discharged to a trunk sewer, either directly or indirectly, any
waste that creates a stoppage, plugging, breakage, any reduction
in sewer capacity or any other damage to sewers or sewerage
facilities of the Little Rock Wastewater Utility. Any additional
sewer or sewerage maintenance expenses caused by such a discharge,
or any other expenses attributable thereto will be charged to
the discharger by the Little Rock Wastewater Utility.
Any refusal to pay the additional maintenance
expenses duly authorized by the Manager shall constitute a
violation of the provisions contained herein. The charge shall
be determined as provided in the existing ordinance for the
City of Little Rock, Arkansas, setting forth the current sewer
charges and rates.
Sec. 6. If any waters or wastes are discharged or
are proposed to be discharged to the public sewers, which waters
contain the substances or possess the characteristics enumerated
in Section 4 of this Article, and which, in the judgment of
the Manager, may have a deleterious effect upon the sewage works,
processes, equipment, or receiving waters, or which otherwise
creates a hazard to life or constitutes a public nuisance, the
Manager may (a) reject the wastes, (b) require pretreatment to
an acceptable condition for discharge to the public sewers,
and /or (c) require control over the quantities and rates of
discharge, and /or (d) require payment to cover the added cost of
handling and treating the wastes not covered by existing taxes
or sewer charges, under the provisions of Section 11 of this
Article.
If the Manager permits the pretreatment or
equalization of waste flows, the design and installation of the
plants and equipment shall be subject to the review and approval
of the Manager and subject to the requirements of all applicable
codes, ordinances, and laws.
Sec. 7. Grease, oil, and sand interceptors shall be
provided when, in the opinion of the Manager, they are necessary
for the proper handling of liquid wastes containing grease in
excessive amounts or any flammable wastes,sand, or other harmful
ingredients, 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 Little Rock
Wastewater Utility and shall be located as to be readily and
easily accessible for cleaning and inspection.
Sec. 8. Where preliminary treatment or 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.
Sec. 9(a). When required by the Manager, the Owner of any
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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 accessibly and
safely located and shall be constructed to be in accordance
with plans approved by the Manager. 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.
(b) At any time the Manager or his designated assistant
may sample any industrial discharges and conduct analyses to
determine the extent of the concentrations of BOD, TSS and Oil
and Grease exceeding the limits set by this Ordinance,and the
presence of any other substances for which this Ordinance sets
limits or prohibitions. If the sampling and analysis performed
by the Manager or his designated assistant indicates concentrations
of BOD, TSS and Oil and Grease exceeding the stated limits, he
shall compute a surcharge as set by the sewer user charge rate
Ordinance, and the owner shall be liable for payment of the amount
thereof. The surcharge shall be considered a sewer charge for
which the owner shall be li able in accordance with the provisions
of Ark. Stat. Ann. §19 -4113 (Repl. 1968) and upon default in
such payment the wastewater Utility shall be entitled to those
remedies set forth in said statute.
(c) If as a result of the sampling and analysis
authorized by Section 9(b), or due to the existence of any
other information, the Manager may have sufficient reason to
suspect the presence of toxic or prohibitive substances as limited
or prohibited by this Ordinance to exist in.the wastewater dis-
charge of a Facility, he may direct the owner or operator to
have a representative sample of his wastewater subjected to
the appropriate physical, chemical and biological tests performed
by a qualified testing laboratory acceptable to the Manager. The
purpose of such tests shall be to determine the conformance of the
wastewater characteristics to this Ordinance. A prompt report
shall be made in writing to the Manager by the laboratory stating
the results of the tests. The costs associated with the sampling
and testing required by this Section shall be borne by the
owner or operator of the facility.
Sec. 10. 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 the
latest edition of "Standard Methods for the Examination of Water
and Wastewater" published by the American Public Health Association
and shall be determined at the control manhole provided or upon
suitable samnles taken at said control manhole. In the event
that no special manhole has been required, the control manhole
shall be considered to be the nearest downstream manhole in the
public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods to
reflect the effect of constituents upon the sewage works and to
determine the existence of hazards to life, limb, and property.
(The particular analyses involved will determine whether a
twenty -four (24) hour composite of all outfalls of a premise is
appropriate or whether a grab sample or samples should be taken.
Normally, but not always, BOD and suspended solids analyses are
obtained from twenty -four (24) hour composites of all outfalls,
whereas the pH's are determined from grab samples taken periodically.)
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Sec. 11. Any Discharger which experiences an upset
in operations which places the Discharger in a temporary state
of non - compliance with this Ordinance shall inform the Manager
of the Little Rock Wastewater Utility .thereof within 24 hours
of first awareness of the commencement of the upset. Where
such information is given orally, a written follow -up report
thereof shall be filed by the Discharger with the Manager of
the Little Rock Wastewater Utility within five days. The report
shall specify:
(a) Description of the upset, the cause thereof and
the upset's impact on a Discharger's compliance status.
(b) Duration and extent of non - compliance, including
exact dates, quantities and qualities, and time of non - compliance,
and if the non - compliance continues, the time by which compliance
is reasonably expected to occur.
(c) All steps taken or to be taken to reduce, eliminate
and prevent recurrence of such an upset or other conditions of
non - compliance.
A documented and verified bondafide operating upset shall be an
affirmative defense to any enforcement action brought by the
Little Rock Wastewater Utility against a Discharger for any
non - compliance with the Ordinance which arises out of violations
alleged to have occurred during the period of the upset.
ARTICLE VII.
PROTECTION FROM DAMAGE
Sec. 1. No unauthorized person shall maliciously,
willfully, or negligently break, damage, destroy, uncover,
deface, or tamper with any structure, appurtenance, or equipment
which is a part of the sewage works.
Sec. 2. No unauthorized person shall cover any manhole
on a public sewer with earth or paving, or otherwise render it
inaccessible.-
Sec. 3. No unauthorized person shall remove the earth
cover from a public sewer so that less than two (2) feet of
earth cover remains over the pipe bells. Approval to remove
subsequent cover shall require written consent from the Manager
of the Little Rock Wastewater Utility.
Sec. 4. Any person found violating the above Sections
of this Article shall be subject to immediate arrest and pro-
secution under charges of disorderly conduct.
ARTICLE. VIII.
POWERS AND AUTHORITIES OF INSPECTORS
Sec. 1. The Manager and other duly authorized employees
of the City bearing proper credentials and identification shall
be permitted to enter all properties for the purposes of inspection,
observation, measurement, sampling, and testing in accordance
with the provisions of this Ordinance. The Manager or his
representative shall have no authority to inquire into any processes
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including metallurgical, chemical, oil refining, ceramic,
paper, or other industries beyond that point having a direct
bearing on the kind and source of discharge to the sewers
or waterways or facilities for waste treatment. Upon request
of the Manager, a user of the Sanitary Sewer System is required
to supply the following information:
(a) Name, address, and location (if different from
the address);
(b) Standard Industrial Classification (SIC) number
according to the Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended;
(c) Time and duration of Industrial waste discharge;
(d) Site plans,
plans and details to show
appurtenances by the size
(e) Description
processes on the premises
could be discharged.
floor plans, mechanical and plumbing
all sewers, sewer connections, and
location and elevation;
of activities, facilities and plant
including all materials which are or
(f) 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 re-
garding whether or not the pretreatment standards are being met
on a consistent basis.
Sec. 2. While performing the necessary work on a
private property referred to in Article VIII, Section 1 above,
the Manager or duly authorized employees of the Wastewater
Utility shall observe all safety rules applicable to the premises
established by the company and the Wastewater Utility shall
indemnify the company against loss or damage to its property by
Wastewater Utility employees growing out of the gauging and
sampling operations except as such may be caused by negligence
or failure of the company to maintain safe conditions as
required by Article V, Section 8.
Sec. 3. The Manager or other duly authorized employee
of the Little Rock Wastewater Utility bearing proper credentials
and identification shall be permitted to enter all private
properties through which the City holds a duly negotiated ease-
ment for the purposes, but not limited to, inspection, observation,
measurement, sampling, repair, and maintenance of any portion of
the sewage works lying within said easement. All entry and sub-
sequent work, if any, on said easement shall be done in full
accordance with the terms of the duly negotiated easement pertaining
to the private property involved.
Sec. 4. In addition to the provisions of this Ordinance,
the Sewer Committee of the City of Little Rock is specifically
authorized to make such other reasonable rules and regulations in
regard to the construction, use, and operation of sanitary sewers
to be connected to, or connecting into, the mains of the Little
Rock Wastewater Utility system. Such rules and regulations so
made and adopted at a regular meeting of the Sewer Committee shall
become effective as follows:
(a) A public notice shall be placed in a daily newspaper
in the City of Little Rock, Arkansas, one day for each of two
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successive weeks with a brief summary of the proposed rules
and regulations.
(b) The proposed rules and regulations shall be
available for inspection and reproduction at the office of the
Manager of the Wastewater Utility for thirty (30) days following
the first publication of the public notice.
(c) A correct copy shall be filed for permanent record
with the City Clerk of the City of Little Rock together with any
written objections to the proposed rules and regulations at the
end of the thirty (30) day public review period.
(d) Said rules and regulations shall become effective
on the filing of said copy for permanent record with the City Clerk.
ARTICLE XI.
PENALTIES
Sec. 1. Any person or firm found to be violating
any provision of this Ordinance or regulations except Article
VII shall be served by the Manager with written notice stating
the nature of the violation and providing a reasonable time limit
for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently
cease all violations.
Sec. 2. Any person who knowingly makes any false
statements, representations or certification of any record,
report, plan or other document filed or required to be maintained
pursuant to this Ordinance, regulations or laws referred to
herein, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required under this
Ordinance, regulations or laws referred to herein, shall be
guilty of a misdemeanor and, upon conviction thereof, shall be
fined in an amount not less than $10.00 nor more than $300.00
for each violation. Each day in which any such violation con-
tinues shall be deemed a separate offense.
Sec. 3. Any person who shall continue any violation
beyond the time limit provided for in Article IX, Section 1,
shall "be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined in an amount not less than $10.00 nor
more than $300.00 for each violation. Each day in which any
such violation continues shall be deemed a separate offense.
Sec. 4. Any person violating any of the provisions of
this Ordinance shall become liable to the Wastewater Utility for
any expense, loss, or damage occasioned the Wastewater Utility by
reason of such violation.
ARTICLE X.
VALIDITY
Sec. 1. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Sec. 2. The invalidity of any section, clause, or
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provision of this Ordinance shall not effect the validity of
any other part of this Ordinance which can be given effect
without such invalid part or parts.
ARTICLE XI.
EFFECTIVE DATE
Sec. 1. This Ordinance shall be in full force and
effect from and after its passage, approval; and publication,
as provided by law.
PASSED: October 6, 1981
APPROVED: A±�
MAYOR
ATTEST: &eL
CITY CLERIW
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