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15344M ® � 0. i V V U \ 1� • M M M M M M M M ORDINANCE NO. 15,344 11 M 337 AN ORDINANCE REPLACING AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION, CONSTRUCTION, MAINTENANCE, AND CONNECTION OF PUBLIC SEWER SYSTEM; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH (13,062 PASSED JULY 1, 1975 AND 14,129 PASSED ON OCTOBER 6, 1981); AND FOR OTHER 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. 14,129, PASSED ON OCTOBER 6, 1981. WHEREAS, Ordinance No. 14,129, passed on October 6, 1981, currently regulates 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; provides penalties for the violation thereof; repeals all ordinances in conflict therewith; which all pertain 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 replace existing Ordinance No. 14,129, passed on October 6, 1981, for the purpose of clarifying the provisions thereof to adequately address the provisions of the Clean Water Act. Included in the revisions are additional definitions of terms in Article I, Section 1 through 46, revising and restating Section 3 of Article VI to include a definable explosion limit, to protect the POTW sludges, to prevent POTW pass through, to establish maximum POTW treatment plant influent temperature, to set a minimum discharge pH and maximum pollutant levels, and to prevent the discharge of slug loads. Section 4 of Article VI is revised to expand allowable pH ranges and to establish a POTW treatment plant influent pH limit. Whereas Section 5 of Article VI has been deleted and incorporated into Article VI, Section 3c. Section 5 of Article VI is revised to remove the allowance to collect a charge for the discharge of items listed in Section 4 of Article VI and Section 6 of Article VI is expanded to ensure that all traps and /or interceptors are properly maintained. Section 7 of Article VI has been expanded to allow for the collection of a surcharge for the discharge of BOD, TSS and O &G when above the stated limits, includes the formula for calculating the surcharges, and allows for the recovery of costs associated with additional monitoring requested by the dischargers. This revision removes the absolute limits on BOD, TSS and O &G in Section 4 of Article VI paragraphs (b) and (i) 3 and 4 which are related. Section 4 paragraph C of Article VI is also deleted as unnecessary and cumbersome. Section 8 of Article VI is revised to 6-;1, Q-3 M M M M M M M M M M M M M M M 388 reflect the testingWd analysis authority of OCFR136 and to provide for industry samples to be analyzed by an approved laboratory. Added to Article VI is Section 10 which provides for protection from accidental spills and Section 11 which prohibits the use of dilution waters. In Article VIII, Section 1 the information required from the dischargers is deleted and included in the new Article IX Industrial Wastewater Discharge Permits and the reference to Article V,' Section 8 in Section 2, Article VIII is changed to reflect the proper reference (Article VI, Section 7a). Sections 5, 6 and 7 are added to Article VIII to ensure the confidentiality of trade secrets, to allow for the extension of the provisions of the ordinance to areas outside the jurisdiction of the city, and to incorporate applicable federal regulations into this ordinance. Article IX has been added to allow for the issuance of Industrial Wastewater Discharge Permits and the article outlining the penalties is changed to Article X. Section 1 and 3 of Article X are combined and expanded to clarify what is a violation and allow for fines in accordance with Arkansas State Statute 19 -2409. Section 2 of Article X has also been expanded to allow for fines in accordance with Arkansas State Statute 19 -2409. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: ARTICLE I All technical terms not defined herein and used in this ordinance are defined as in Title 40 Code of Federal Regulations and are subject to modification by the Congress of the United States. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: Section 1. "Act" or "the Act" shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et sea, as adopted into the Arkansas Water and Air Pollution Control Act, Act 472 of 1949 as amended, Ark. Stat. Ann. #82 -1901, et seq. Section 2. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20 degrees C expressed in milligrams per liter. Section 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. Section 4. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. E 389 Section 5. " Cntrol Manhole" shall mean the manhole through which or into which the majority of the significant industrial wastestreams from a discharger flows and which is suitable for obtaining representative samples. Section 6. "Discharger" shall mean any person who contributes, causes, or permits the contribution of wastewater into the City's POTW. Section 7. "Environmental Protection Agency ", or "EPA" shall mean the United States Environmental Protection Agency. Section 8. "Extra Strength Surcharge" or "Surcharge" shall mean the additional monthly sewer charge assessed to persons discharging wastewater exceeding average domestic concentrations for BOD, TSS and /or Oil and Grease. The surcharge is based upon the pounds of pollutant discharged and reflects the additional cost of treating high strength discharges. Section 9. "Garbage" shall mean solid wastes from the domestic and commercial preparations, cooking and disposing of food, and from the handling, storage, and sale of produce. Section 10. "Grab Sample" shall mean individual samples collected over a period of time not exceeding fifteen (15) minutes. Section 11. "Health Officer" shall mean any authorized representative of the Arkansas Department of Pollution Control and Ecology, the Arkansas State Department of Health, the Pulaski County Health Department, or any other duly authorized individual with jurisdiction. Section 12. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business, as distinct from sanitary sewage. Section 13. "Interference" shall mean a discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (a) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (b) Therefore is a cause of a violation of any requirement of POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the appropriate Federal, State, or local regulations. Section 14. "Manager" shall mean the Manager of the Little Rock Wastewater Utility, or his authorized deputy, agent or representative. Section 15. "National Categorical Pretreatment Standard" or "Pretreatment Standard" shall mean any regulation containing pollutant 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 as adopted into Section 4 of Regulation No. 6: Regulations for State Administration of the National Pollutant Discharge Elimination System. Section 16. "Aral Outlet" shall meO any outlet into a 390 watercourse, pond, ditch, lake, or other body of surface or groundwater. Section 17. " NPDES" shall mean the National Pollution Discharge Eliminations System. Section 18. "Noncontact Cooling Water" shall mean the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. Section 19. "Objectionable Waste" shall mean any wastes that can harm either 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. Section 20. "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. Oil and Grease may be determined by the Soxhlet Method or the partition - gravimetric method as outlined in the latest edition of "Standard Methods for the Examination of Water and Wastewater ". Section 21. "Pass Through" shall mean a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). Section 22. "Person" shall mean any individual, firm, company, association, society, corporation, or group. Section 23. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Section 24. "Pretreatment" shall mean the treatment of wastewater before introduction into a publicly owned sewerage system. Section 25. "Pretreatment Program" shall mean the Utility's EPA and /or Arkansas Department of Pollution Control and Ecology approved program to administer the requirements of 40CFR403, the General Pretreatment Regulations, and associated National Categorical Standards as adopted into Section 4 of Regulation No. 6: Regulations for State Administration of the National Pollutant Discharge Elimination System. Section 26. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. Section 27. "Publicly Owned Treatment Works" or "POTW" shall mean 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 4 to a facility provid* treatment. For the purses of this ordinance, 391 "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, dischargers to the city's POTW. Section 28. "POTW Treatment Plant" shall mean that portion of the POTW designed to provide treatment to wastewater. Section 29. "Sanitary Sewer" shall mean a sewer in which sewage is carried, and to which storm, surface, and ground water are not intentionally admitted. Section 30. "Secure Sample Point" shall mean any access point to a building sewer which is used for the purpose of collecting a wastewater sample where the Utility is required to maintain custody of the sample. Section 31. "Sewage" shall mean a combination of the water - carried wastes from residences, business buildings, institutions, and industries. Section 32. "Sewer System" shall mean the Little Rock Wastewater Utility as operated by the Sewer Committee of the City of Little Rock, Arkansas. Section 33. "Sewage Works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage. Section 34. "Sewer" shall mean a pipe or conduit for carrying sewage. Section 35. "Shall" is mandatory; "May" is permissive. Section 36. "Significant Industry" or "Significant Discharger" shall mean any industry which discharges to the POTW that: (a) Is subject to Federal Categorical Standards. (b) Discharges a non - domestic wastestream of 25,000 gallons per day or more. (c) Contributes a non - domestic wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant. (d) Has a reasonable potential, in the opinion of the Manager, to adversely affect the POTW (interference, pass through of pollutants, sludge contamination, or endangerment of POTW workers). Section 37. "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. Section 38. "Standard Industrial Classification" or "SIC" shall mean a classification pursuant to the Standard Industrial Classification manual issued by the Executive Office of the President, Office of Management and Budget, 1972. 5 Section 39. !'Ste" shall mean State of Afansas. 392 Section 40. "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 noncontact cooling water or other polluted waters. Section 41. "Suspended Solids" shall mean the weight per volume of liquid in mg /L of filterable residue left on a standard glass fiber filter which has been dried at 103 - 105 degrees C for one hour in accordance with 40CFR136. Section 42. "Toxic Pollutant" shall mean 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. Section 43. "Unpolluted Water(s)" shall mean water of quality equal to or better than the effluent criteria in effect or water that would not cause a violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. Section 44. "Upset" shall mean-an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in this Ordinance or the Discharger's Industrial Wastewater Discharge Permit, due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof. Section 45. "Utility" shall mean the Little Rock Wastewater Utility including the POTW, personnel, and authorized representatives. Section 46. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. ARTICLE II USE OF PUBLIC SEWERS REQUIRED Section 1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary 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. Section 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. 2 M Section 3. ExMt as hereinafter provide 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. 393 Section 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 any accessible sewer. ARTICLE III PRIVATE SEWAGE DISPOSAL Section 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. Section 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. Section 3. The type, capacities, locations, and layout of private sewage disposal systems shall comply with all recommendations of the State Department of Health of the State of Arkansas and the Pollution Control Commission. Section 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 Section 1. No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb, any public sewer or appurtenance thereof without first obtaining a written permit from the Manager of the Little Rock Wastewater Utility. Section 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, i 394 the owner or agent All make application on agecial 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. Section 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. Section 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. Section 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. Section 6. The size, slope, alignment, and materials of construction 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 American Standard Testings Material ( "A.S.T.M.") and Water Pollution Control Federation ( "W.P.C.F.")" Manual of Practice No. 9 shall apply. Section 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 a means approved by the Utility and discharged to the building sewer. Section 8. No4terson shall make connect* of roof downspouts, 395 exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a public sanitary sewer. Section 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. Section 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. Section 11. All excavations for building sewer installation 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 Section 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 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 by the Utility. The fee for disconnecting and sealing is $75.00. Section 2. At least three (3) days before the building is moved or demolished, but after it is no longer occupied, the party making the application mentioned in Article V, Section 1, above, shall notify the Wastewater Utility that the building sewer is ready for disconnecting and sealing. ARTICLE VI USE OF PUBLIC SEWERS � M 396 Section 1. NoW person shall dischary or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, noncontact cooling water, or unpolluted waters into any sanitary sewer. Section 2. Stormwater, noncontact cooling waters, or any other unpolluted waters 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. Section 3. No person shall discharge or cause to be discharged any of the following described water or wastes to any public sewer: (a) Any liquids, solids or gases which by reason of their nature and quantity are, or may be, sufficient either alone or by interaction with other substances to cause a fire or explosion hazard or be injurious in any other way to the POTW or the operation of the POTW. Such materials include, but are not limited to gasoline, benzene, naphtha, fuel oil, kerosene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, or sulfides. At no time shall two successive readings on an explosive hazard meter, at the point of discharge into the system (or at any point in the system) be more than ten percent (10 %) nor any single reading over twenty percent (20 %) of the Lower Explosive Limit (LEL) of the meter. (b) Any waters or wastes containing toxic or poisonous solids, liquids, or gases, or oxygen demanding waste, in sufficient quantity, either singly or by interaction with other wastes to injure or cause interference with any sewage treatment process, to contaminate the POTW sludges, scum, or residue to such a level to render them unacceptable for economical reuse or reclamation, to pass through the POTW and cause a violation of its NPDES Permit or create a toxic effect in the receiving stream, to cause a public nuisance, or to constitute a hazard to the POTW workers, the public, or animals. (c) Any solid or viscous substances in quantities or of such size capable of creating a stoppage, plugging, breakage, any reduction in sewer capacity or any other damage to the sewers or sewerage facilities of the Little Rock Wastewater Utility such as, but not limited to, ashes, cinders, sand, plastics, wood, unground garbage, whole blood, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc. 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 expense duly authorized by the Manager shall constitute a violation of the provisions contained herein. 10 (e) Any pollutants, including oxygen demanding pollutants discharged at a flow rate or concentration that will cause interference, upset, or loss of efficiency at the POTW. In no case shall a slug load have a flow rate or contain concentration or quantity 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, quantity, or flow during normal operation of the discharger. (f) Any water or wastes having a pH lower any other corrosive property capable hazard to the structures, equipment, sewage works (POTW). (g) Any waters or wastes which will concentration at the POTW treatment following limits: Element ma /L Arsenic 0.065 Barium (d) Any liquid4tr one hundred vapor having a temprature higher fifty (150) degrees F or sixty -five than 397 (65) degrees C at discharged at cause the POTW the point of discharge or any wastewaters such a volume and temperature that will influent to exceed forty (40) degrees C or one hundred four (104) degrees F. Copper 0.20 (e) Any pollutants, including oxygen demanding pollutants discharged at a flow rate or concentration that will cause interference, upset, or loss of efficiency at the POTW. In no case shall a slug load have a flow rate or contain concentration or quantity 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, quantity, or flow during normal operation of the discharger. (f) Any water or wastes having a pH lower any other corrosive property capable hazard to the structures, equipment, sewage works (POTW). (g) Any waters or wastes which will concentration at the POTW treatment following limits: Element ma /L Arsenic 0.065 Barium 5.00 Boron 1.00 Cadmium 0.039 Chromium (total) 0.22 Copper 0.20 Lead 0.26 Manganese 1.00 Mercury 0.010 Nickel 0.30 Silver 0.37 Zinc 0.41 Cyanide 0.05 than 5.0 S.U. or having of causing damage or and personnel of the cause the influent plant to exceed the The Utility will develop and assign specific discharge permit limits for its permitted dischargers based upon the above limitations and the appropriate criteria. The specific permit limits will be developed to ensure the above limits are not exceeded at the POTW treatment plant. s In addition, the Utility may develop specific discharge limitations for any other toxic pollutants which may be determined to be of sufficient quantity to possibly cause POTW interference, POTW pass through, endanger the health and safety of the POTW personnel or general public, cause a POTW permit violation or which may render the POTW sludges unacceptable for economical disposal and use. Such substances include but are not limited to: 11 M Antimony Phenols Beryllium Rhenium Bismuth Selenium Cobalt Strontium Herbicides Tellurium Molybdenum Tin Organic Solvents Uranyl ion Pesticides Section 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, contaminate the sludges of the POTW, 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 construction 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 waters or wastes exhibiting any of the following characteristics: 1) Any waters or wastes having a pH lower than 5.0 S.U. or greater than 11.0 S.U. or having any other corrosive property capable of causing damage or hazard to the structures, equipment, and personnel of the sewage works (POTW). 2) Any waters or waste discharged at a flow rate and /or pH that will cause the influent pH at the POTW treatment plant to be lower than 6.0 S.U. or greater than 9.0 S.U. (b) Any radioactive wastes or isotopes of such half -life or concentration as may exceed limits established by the Manager in compliance with applicable State or Federal regulations. (c) 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 s limited to, sodium chloride and sodium sulfate. 2) Excessive discoloration such as, but not limited to, dye waste and vegetable tanning solutions not removed in the treatment process. Section 5. If any waters or wastes which are discharged or which are to be discharged into the public sewers contain or possess any of the characteristics enumerated in Section 3, Section 4, or Section 7b of this Article and in the judgment of the Manager, may 12 have a deleterioe effect upon the sewoe works, processes, equipment, sludges, 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. if the Manager requires 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. Where pretreatment or flow equalizing facilities are provided for any waters or waste, they shall be continuously maintained in satisfactory and effective operation by the owner or occupant at his own expense. Section 6. 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 objectionable waste, 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. All grease, oil and sand traps and /or interceptors shall be continuously maintained in satisfactory and effective operation by the owner or occupant at the owner's expense. Storage, handling, transportation, and disposal of all wastes generated from grease, oil and sand traps and /or interceptors shall be performed in accordance with all applicable Federal, State, and local regulations that pertain to that type and /or class of waste. Section 7. (a) When required by the Manager, the owner of any property serviced by a building sewer carrying industrial waste shall provide a secure sampling point or control manhole which is constructed in accordance with the latest revision of the Little Rock Wastewater Utility's Specification Requirements for Sanitary Sewers. The secure sampling point or control manhole shall be safely located and accessible to duly authorized employees and /or representatives of the Utility at all times. When deemed necessary by the Manager, the secure sampling point or control manhole shall be provided with meters or other appurtenances to facilitate the monitoring of the wastewater. The cost of installation and maintenance of a secure sampling point or control manhole shall be borne by the owner. Any construction and /or alteration of a secure sampling point or control manhole shall be approved by the Manager before any construction has begun. Any secure sampling point or control manhole located in a parking lot or other area where any vehicles may reasonably be expected to be parked must be protected by a permanent barrier, railing, or other means if it is determined necessary by the Manager to ensure continued and uninterrupted access to the secure sampling point or control manhole by Utility personnel. 13 400 (b) The Manaaer9av at anv time collect a 0-hour composite sample from any industrial or commercial discharges and conduct analyses to determine the concentrations of BOD, TSS and Oil and Grease (O &G). If the sampling and analysis performed by the Manager or his designated assistant indicates concen- trations of BOD, TSS and O &G exceeding the limits stated below, he shall compute a surcharge as set by the sewer user charge rate ordinance, and the owner shall be liable for pay- ment of the amount thereof. The collection of a surcharge is not a penalty, but rather allows the Utility to defray the costs of treating industrial wastewater concentrations that are above average domestic wastewater concentrations. The surcharge shall be considered a sewer charge for which the owner shall be liable in accordance with the provisions of Ark. Stat. Ann. #19 -4113 (Repl. 1980), as amended and upon default in such payment the Wastewater Utility shall be entitled to those remedies set forth in said statute. 1) BOD in excess of 300 mg /L. 2) TSS in excess of 300 mg /L. 3) O &G in excess of 100 mg /L. The surcharge shall be computed by using the following formula: SURCHARGE _ [(BODX - 300 mg /L) x 8.34 x V x A] • [(TSSX - 300 mg /L) x 8.34 x V x B] • [(0 &GX - 100 mg /L) x 8.34 x V x C] Where: BODX TSSX O &GX 8.34 V A B C concentration of BOD in mg /L concentration of TSS in mg /L concentration of O &G in mg /L weight in pounds of one gallon water flow in million gallons per month unit charge for BOD unit charge for TSS unit charge for 0 &G (c) If as a result of the sampling and analysis authorized by Section 7b, or due to the existence of any other information, the Manager may have sufficient reason to suspect the presence of toxic or prohibited substances as limited or prohibitive by this ordinance to exist in the wastewater discharge of a facility, he may direct the owner or operator to have a representative sample of that facility's 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. (d) Any sampling, testing, and /or sample delivery associated with duplicate sample analysis in excess of the regularly 14 z scheduled slopling and analysis perfoAd by the Utility that is requested by an industrial customer for the purpose of assessing a surcharge or enforcement of this ordinance will be borne by the owner or operator of the facility. The owner or operator of the facility which has a duplicate analysis performed by an independent lab will submit a prompt report in writing from the laboratory giving the results of - -the analyses and all quality assurance information relative to the analysis. Section 8. All sampling, measurements, tests and analysis of the characteristics of waters and waste to which reference is made in this Ordinance shall be determined in accordance with the latest revision of 40CFR136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act) except where otherwise provided for or where there are no guidelines listed in 40CFR136, in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association. Alternate testing procedures other than those listed in 40CFR136 may be used provided that the Utility has submitted and received approval for the alternate testing from the EPA as outlined in 40CFR136. All samples shall be collected at the control manhole or secure sample point. In the event that no special manhole or secure sampling point 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, health, and property. All independent laboratories performing analyses for industrial dischargers, including but not limited to self monitoring reports, Periodic Reports on Continuing Compliance, Baseline Monitoring Reports and /or split sample verification, shall be certified by the Arkansas Department of Pollution Control and Ecology Laboratory Certification Program and /or any other approved State Certification Program for the specific analysis being performed. The Utility reserves the right to reject any analysis performed by an independent laboratory that is not duly certified for a particular analysis. Industrial dischargers will have one (1) year from the effective date of this ordinance to acquire the services of a laboratory certified by the authority listed above. Section 9. Any discharger which experiences an upset in operations (which places the discharger in a temporary state of noncompliance with this Ordinance) shall inform the Manager of the Little Rock Wastewater Utility thereof within twenty -four (24) hours of any agent or employee of the discharger becoming aware of the upset or 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 (5) 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 noncompliance, including exact dates, quantities and qualities, and date and time of 15 401 noncompliant, and if the noncompliancocontinues, the time by 402 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 condition or noncompliance. A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the Little Rock Wastewater Utility against a Discharger for any noncompliance with this Ordinance which arises out of violations alleged to have occurred during the period of the upset. Section 10. Each discharger shall provide protection from accidental or willful discharge of prohibited materials or other substances regulated by this Ordinance. Facilities to prevent accidental or willful discharge of prohibited materials shall be provided and maintained at the owner or owner's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection for new facilities shall be submitted to the Manager for review, and shall be approved by the Manager before construction of the facility. All existing dischargers shall complete such a plan within eighteen (18) months of the effective date of this ordinance. No discharger who begins discharging after the effective date of this ordinance shall be permitted to introduce pollutants into the system until accidental or willful discharge procedures have been approved by the Manager. Review and approval of such plans and operating procedures shall not relieve the discharger from the responsibility to modify the discharger's facility as necessary to meet the requirements of this ordinance. In the case of an accidental or willful discharge, it is the responsibility of the discharger to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. Written Notice. Within five (5) days following an accidental or willful discharge of prohibited materials or other substances regulated by this Ordinance, the discharger shall submit to the Manager a detailed written report describing the cause of the discharge and the measures to be taken by the discharger to prevent future occurrences. Notice to Employees. A notice shall be permanently posted on the discharger's bulletin board or other prominent place advising employees whom to call in the event of a accidental or willful discharge of prohibited materials other substances regulated by this Ordinance. Employers shall ensure that all employees who may cause or allow such an accidental or willful discharge of prohibited materials or other _ substances regulated by this Ordinance to occur are advised of the emergency notification procedure. Section 11. No discharger shall increase the use of potable or process water in any way for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this ordinance. 16 ® ARTICLE VII PROTECTION FROM DAMAGE Section 1. No person shall maliciously, negligently break, damage, destroy, uncover, deface, or structure, appurtenance, or equipment which is a part works. 403 willfully, or tamper with any of the sewage Section 2. No unauthorized person shall cover any manhole on a public sewer with earth or paving, or otherwise render it inaccessible. Section 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. Section 4. Violation of any provision of this Article is a Class C misdemeanor. ARTICLE VIII POWERS AND AUTHORITIES OF INSPECTORS Section 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 including metallurgical, chemical, oil refining, ceramic, paper or other industries beyond that having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. Section 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 required by Article VI, Section 7a, except as such may be caused by negligence or failure of the company to maintain safe conditions. Section 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 easement 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. Any entry in and subsequent work on any such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 17 Section 4. Inodition to the provisionslof 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 of intent to enact and intention of proposed rules and regulations shall be placed in a daily newspaper in the City of Little Rock, Arkansas, one (1) day for each of two (2) successive weeks with a brief summary of the proposed rules and regulations. (b) The proposed rules and regulations shall be available for inspections 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 of those rules and regulations 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. Section 5. Information and data furnished to the Little Rock Wastewater Utility shall be available to the public or other governmental agencies without restriction unless the discharger is able to demonstrate to the satisfaction of the Utility that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or propriety information of the discharger, and the discharger specifically requests that dissemination of that information and data be restricted. The discharger must request, at the time that such information or data is submitted, either in writing or by stamping the words "Confidential Business Information" on the applicable pages or portions of information, that such information is to be considered confidential. When requested by a discharger furnishing information, the portions of that information which may disclose trade secrets or secret processes shall not be made available for inspection by the public (except as covered under the Arkansas Freedom of Information Act, Section 12 -2804) 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 Program; provided, however, that such portions of information shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the discharger furnishing the information. Information specifically designated and accepted by the Little Rock Wastewater Utility as being confidential shall not be transmitted to any governmental agency until and unless a ten (10) day written notification is given to the discharger of the Utility's intent to transmit that information and of the governmental agency to which the information will be transmitted. Wastewater constituents, characteristics and concentrations will not be recognized as confidential information. 18 405 Section 6. A1oo dischargers to the City9f Little Rock POTW, which are outside the jurisdiction and are not part of another incorporated city, shall be required to agree by written contract to abide by the conditions set forth in this ordinance, subsequent revisions and amendments to this ordinance, and any rules and /or regulations promulgated by the Sewer Committee of the City_ of Little Rock in accordance with Article VIII of this ordinance. All incorporated cities which discharge to the City of Little Rock POTW shall agree by written contract to adopt an ordinance which meets the requirements of 40CFR403, General Pretreatment Regulations, and will be at least as stringent as the conditions set forth in this ordinance. This agreement must also contain a provision that allows for the adoption of any and all rules and /or regulations promulgated by the Sewer Committee of the City of Little Rock in accordance with Article VIII of this ordinance and shall delegate to the City of Little Rock the powers to enforce the provisions of all laws, rules and /or regulations adopted in accordance with this section. Section 7. The provisions of the General Pretreatment Regulations (40CFR403) and the National Categorical Pretreatment Standards as adopted into Section 4 of Regulation No. 6: Regulations for State Administration of the National Pollutant Discharge Elimination System for a particular industrial subcategory, if more stringent than the requirements of this ordinance, shall supersede the requirements of this ordinance, and be imposed where applicable. This includes but is not limited to discharge limitations and reporting requirements such as Baseline Monitoring Reports, Ninety (90) Day Compliance Reports, Periodic Reports on Continuing Compliance, Notices of Slug Loads, and Compliance Schedule Status Reports. This shall include those regulations that are currently promulgated or will be promulgated in the future including any amendments. These regulations shall be recognized as part of this ordinance. ARTICLE IX INDUSTRIAL WASTEWATER DISCHARGE PERMITS Section 1. All significant industrial dischargers are required to have a valid Class I or Class II Industrial Wastewater Discharge Permit. A Class I Industrial Wastewater Discharge Permit will be issued to any industrial discharger subject to a Categorical Pre- treatment Standard and a Class II Industrial Wastewater Discharge Permit will be issued to all other significant industrial dischargers. A Class III Industrial Wastewater Discharge Permit may be issued to any nonsignificant industrial or commercial discharger when it is deemed necessary by the Manager. Section 2. All persons required by the Manager shall submit an Industrial Wastewater Discharge Permit Application to the Utility, the form for which shall be provided by the Utility. The information required in the Permit Application shall, where requested or appro- priate, include, but is not limited to: (a) Name, address, and location of the industrial discharger. 19 � r � 406 (b) Standard Inestrial Classification numfr. (c) The nature and concentrations of any pollutants or materials prohibited or regulated by this ordinance, including the EPA's Priority Pollutant Listing for each pollutant or material. (d) The time of day and duration of each discharge. (e) The average daily and maximum daily flow rates including any daily, monthly, or seasonal variations. (f) Site plans and details showing all plumbing including storm and sanitary sewers, sewer connections, manholes, sampling chambers, and the location and description of any pretreatment equipment. (g) A description of facilities, activities, and plant processes including all materials which are or may be discharged to the public sewer. (h) A list of all raw materials used at the facility including MSDS (Material Safety Data Sheets) for all chemicals that are used or stored at the facility. (i) Compliance schedules, where applicable, which meet applicable requirements of the Federal Regulations. Section 3. All Class I permit applications and schedules of compliance must be signed by a principal executive officer of at least the level of Vice President or his duly authorized representative or by the owner or partner. All Class II and III permit applications and schedules of compliance must be signed by the highest ranking officer or employee whose office is at the plant site or any other higher ranking officer or employee of the company or a duly authorized representative. Section 4. The Utility will evaluate the completed permit application, compliance schedules, and the data furnished by the discharger within a reasonable time and may require additional information. Within thirty (30) days after final evaluation, the discharger will be contacted and an inspection of the facility will be scheduled. No Industrial Wastewater Discharge Permit will be issued if a discharger is not in compliance with this ordinance unless a schedule of compliance has been accepted and an on -site inspection has been made. Section 5. Industrial Wastewater Discharge Permits a specific discharger for specific operations and are not transferable to another discharger, location, or operation Wastewater Discharge Permits shall be valid for a period years from the date of issue. are issued to assignable or Industrial Of two (2) Section 6. Industrial Wastewater Discharge Permits shall be expressly subject to all provisions of this ordinance and all other applicable Federal and /or State regulations, discharger charges and fees established by the Utility. Permits may contain, but are not necessarily required to contain, the following: 20 (a) Limits on to average and maximum Ostewater constituents and characteristics. (b) Limits on the average and maximum rate and time of discharge or requirements for flow regulation and equalization. (c) Requirements for the installation and maintenance of inspection and sampling facilities. (d) Specifications for self- monitoring which may include sampling location(s), frequency of sampling, parameters to be tested, and standards for tests and reporting schedules. (e) Compliance schedules. (f) Requirements for the submission of technical reports and /or discharge reports. (g) Requirements for maintaining and retaining plant records relating to wastewater discharge and /or pretreatment system operation and maintenance as specified by the Utility and granting the Utility access thereto. (h) Requirements for notification of the Utility of any new introduction of wastewater constituents, substantial changes in the volume or character of wastewater constituents being discharged, or any new construction or process modifications involving plumbing changes. (i) Requirements for notification of the Utility of any slug discharges or spills. (j) Requirements for verifiable spill prevention and control plan. (k) Other conditions as 'deemed appropriate by the Utility to ensure compliance with this Ordinance. Section 7. The provisions of the Industrial Wastewater Discharge Permit are severable, and if any provision of the permit, or the application of any provision of the permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of the permit shall not be affected thereby. ARTICLE X Y PENALTIES Section 1. Any person or other entity found to be violating any provision of this ordinance or regulations except Article VII shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for any one (1) specified offense or violation of such bylaw or ordinance, and not less than twenty ($20.00) nor more than one thousand dollars ($1,000.00) for each repetition of such 21 offense or violation If a thing prohibited o endered unlawful is, in its nature, cont ous in respect to time, *e fine or penalty for allowing the continuance thereof two hundred fifty dollars ($250.00) per day for each continuing offense or violation. Section 2. Any person or other entity 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 ten dollars ($10.00) nor more than five hundred dollars ($500.00) for any one (1) specified offense or violation of such bylaw or ordinance, and not less than twenty dollars ($20.00) nor more than one thousand dollars ($1,000.00) for each repetition of such offense or violation. If a thing prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof, in violation of the bylaws or ordinance, shall not exceed two hundred and fifty dollars ($250.00) per day for each offense or violation. Section 3. Any person or other entity 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 XI VALIDITY Section 1. Ordinance 13,062 of the City of Little Rock, Arkansas, passed on July 1, 1975 is hereby specifically repealed. Section 2. Ordinance 14,129 of the City of Little Rock, Arkansas, passed on October 6, 1981 is hereby specifically repealed. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. The invalidity of any section, clause, or 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 XII EFFECTIVE DATE Section 1. This ordinance shall be in full force and effect from and after its passage, approval, and publication, as provided by law. 22 PASSED: September 1, 1987 ATTEST: e/ CitVI Clerk jark Czech I Mark Stodora, City Attorney 23 ® 409 APPROVED: 031 Lott-fe Shack ford