179660
ORDINANCE NO. 17,966
AN ORDINANCE REGULATING 'THE DISCHARGE OF INDUSTRIAL WASTEWATER TO
THE PUBLIC SEWER SYSTEM, PROVIDING PENALTIES FOR THE VIOLATION
THEREOF, REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT
THEREWITH CONSISTING OF ARTICLES VI, VII, VIII, AND IX OF
ORDINANCE NO. 15,344 PASSED ON SEPTEMBER 1, 1987, AND FOR OTHER
PURPOSES, ALL PERTAINING TO THE SEWER LINES AND SYSTEM WITHIN THE
JURISDICTION OF THE CITY OF LITTLE ROCK, ARKANSAS, AND DECLARING
AN EMERGENCY.
WHEREAS, Articles VI, VII, VIII, and IX of City of Little
Rock Ordinance No. 15,344, passed on September 1, 1987, currently
regulates the discharge of industrial wastewater to the public
sewer system and these provisions should be repealed and revised
and expanded provisions in a new ordinance should be adopted to
comply with applicable federal and state laws and regulations
prescribing requirements on industrial discharges not now
included in Ordinance No. 15,344; and,
WHEREAS, the provisions as hereinafter set forth contain the
revisions and additions necessary to comply with applicable
federal and .state laws and regulations prescribing requirements
on industrial discharges, including, but not limited to, the
penalty or fines in the amount of $1,000.00 for each violation by
Industrial Users of pretreatment standards or requirements, as
required by applicable federal law and now authorized by Arkansas
law, as set forth in A.C.A. § 8- 4- 103(g)(1); and,
WHEREAS, said revisions and additions are necessary to more
effectively regulate industrial discharges to the sewer system of
F the City of Little Rock and enable the Little Rock Wastewater
Utility to more efficiently and effectively operate the sewer
system by regulating industrial discharges according to the
provisions contained herein, the titles to which are hereinafter
set forth in the following table of contents for convenience of
reference only, and not to define or limit any of the terms or
the provisions, as hereinafter set forth in this ordinance:
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TABLE OF CONTENTS
OF THIS ORDINANCE
SECTION 1 GENERAL PROVISIONS .... ..............................4
1.1 Title, Purpose and Policy
1.2 Administration
1.3 Abbreviations
1.4 Definitions
SECTION 2 GENE]
2.1
2.2
2.3
2.4
2.5
2.6
iAL SEWER USE REQUIREMENTS .................... 14
Prohibited Discharge Standards
National Categorical Pretreatment Standards
State Pretreatment Standards
Local Limits
Right of Revision
Dilution
SECTION 3 PRETREATMENT OF WASTEWATER ........................ 19
3.1 Pretreatment Facilities
3.2 Additional Pretreatment Measures
3.3 Accidental Discharge /Slug Control Plans
3.4 Hauled Wastewater
SECTION 4 WAST]
4.1
4.2
4.3
4.4
4.5
4.6
:WATER DISCHARGE PERMITS ......................22
Wastewater Survey
Permit Requirements
Permitting: Existing Connections
Permitting: New Connections
Permit Application Contents
Application Signatories and Certification
SECTION 5 WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS ......26
5.1 Wastewater Discharge Permit Duration
5.2. Wastewater Discharge Permit Contents
5.3 Wastewater Discharge Permit Modification
5.4 Wastewater Discharge Permit Transfer
5.5 Wastewater Discharge Permit Revocation
5.6 Wastewater Discharge Permit Reissuance
5.7 Regulation of Waste Received from Other
Jurisdictions
SECTION 6 REPO]
6.1
6.2
6.3
6.4
6.5
6.6
6.7
tTING REQUIREMENTS ............................. 30
Baseline Monitoring Reports
Compliance Schedule Progress Reports
Reports on Compliance with Categorical
Pretreatment Standard Deadline
Periodic Compliance Reports
Monthly Self Monitoring Reports
Reports of Changed Conditions
Reports of Potential Problems
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6.8 Other Reports - Permitted and Unpermitted Users
6.9 Notice of Violation /Repeat Sampling
and Reporting
6.10 Notification of the Discharge of
Hazardous Waste
6.11 Analytical Requirements
6.12 Sample Collection
6.13 Timing
6.14 Record Keeping
SECTION 7 POWER AND AUTHORITY OF INSPECTORS ................. 39
7.1 Right of Entry: Inspection and Sampling
7.2 Search Warrants
SECTION 8 CONFIDENTIAL INFORMATION .......................... 41
SECTION 9 PUBLICATION OF USERS IN SIGNIFICANT NON - COMPLIANCE 42
SECTION 10 ADMI1
10.1
10.2
10.3
10.4
10.5
10.6
10.7
10.8
10.9
1ISTRATIVE ENFORCEMENT REMEDIES ............... 43
Non - compliance Incident
Notification of Violation
Consent Orders
Show Cause Hearing
Compliance Orders
Cease and Desist Orders
Administrative Fines
Emergency Suspensions
Termination of Discharge
SECTION 11 JUDICIAL ENFORCEMENT REMEDIES ..................... 48
11.1 Injunctive Relief
11.2 Civil Penalties
11.3 Criminal-Prosecution
11.4 Remedies Nonexclusive
SECTION 12 SUPPLEMENTAL ENFORCEMENT ACTION ................... 51
12.1 Performance Bonds
12.2 Liability Insurance
12.3 Public Nuisances
SECTION 13 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS ......51
13.1 Upset '
13.2 Prohibited Discharge Standards
13.3 Bypass
SECTION 14 EXTRA STRENGTH SUR
14.1 General
14.2 Computations
RATES ....................54
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SECTION 15 MISCELLANEOUS PROVISIONS .......................... 55
15.1 Pretreatment Charges and Fees
SECTION 16 SEVERABILITY ....... ............................... 56
SECTION 17 REPEAL OF PRIOR ORDINANCES ........................ 56
n
SECTION 18 AUTHORITY OF LITTLE ROCK SANITARY SEWER COMMITTEE,
EFFECTIVE DATE, AND DECLARING AN EMERGENCY ........ 56
WHEREAS, it is essential that the Little Rock Sanitary
Sewer Committee should have the authority to perform all acts as
provided in this ordinance, in order to effectively regulate the
use and operation of the public sewer system of the City of
Little Rock and the provisions of this ordinance are necessary
for the immediate preservation and protection of the public
health, safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1 - GENERAL PROVISIONS
1.1 Title, Purpose and Policy
This ordinance shall be known as "the Pretreatment
Ordinance" and sets forth uniform requirements for Users of the
Publicly Owned Treatment Works for the City of Little Rock and
enables the Little Rock Wastewater Utility, hereafter_ Utility, to
comply with all applicable State and Federal laws, including the
Clean Water Act (33 United States Code 5 1251 et seq.) and the
General Pretreatment Regulations (40 Code of Federal Regulations
Part 403). The objectives -of this ordinance are:
A. To prevent the introduction of pollutants into the Publicly
Owned Treatment Works that will interfere with its
operation, contaminate the resulting biosolids, or interfere
with the use and disposal of wastewater or biosolids in
compliance with applicable statutes and regulations;
B. To prevent the introduction of pollutants into the Publicly
Owned Treatment Works that will pass through the Publicly
Owned Treatment Works, inadequately treated, into receiving
waters, or otherwise be incompatible with the Publicly Owned
Treatment Works;
C. To protect both Publicly Owned Treatment Works personnel who
may be affected by wastewater and sludge in the course of
their employment and the general public;
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D. To promote re -use and recycling of wastewater and b osolids
from the Publicly Owned Treatment Works;
E. To enable the Utility to comply with its National Pollutant
Discharge Elimination System permit conditions, biosolids
use and disposal requirements, and any other Federal or
State laws to which the Utility is subject.
F. It is in the best interest of the Utility to clarify and
update the provisions of the existing Sewer Use Ordinance
(15,344) to achieve compliance with the Clean Water Act and
regulations pursuant to 40 CFR 403 (General Pretreatment
Regulations) as amended July 24, 1990.
G. To promote and encourage pollution prevention and waste
minimization and waste reduction at Industrial Users prior
to their recycling, treatment, or disposal options.
This ordinance shall apply to all Users of the Publicly
Owned Treatment Works. The Ordinance authorizes the issuance of
wastewater discharge permits; provides for monitoring,
compliance, and enforcement activities; establishes
administrative review procedures; requires User reporting; and
provides for the setting of such fees as necessary for the
equitable distribution of costs resulting from the program
established herein.
1.2 Administration
Except as otherwise provided herein, the Manager shall
administer, implement, and enforce the provisions of this
Ordinance. Any powers granted to or duties imposed upon the
Manager may be delegated by the Manager to other Utility
personnel.
1.3 Abbreviations
The following abbreviations, when used in this ordinance,
shall have the designated meanings:
BOD
- Biochemical Oxygen Demand
BTEX
- Benzene, Toluene, Ethylbenzene, Xylene
CFR
- Code of Federal Regulations
COD
- Chemical Oxygen Demand
EPA
- U.S. Environmental Protection Agency
gpd
- gallons per day
mg /L
- milligrams per liter
NPDES
- National Pollutant Discharge Elimination System
O &G
- Oil and Grease
POTW
- Publicly Owned Treatment Works
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RCRA - Resource Conservation and Recovery Act
SIC - Standard Industrial Classification
TSS - Total Suspended Solids
U.S.C. - United States Code
1.4 Definitions
Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this ordinance, shall
have the meanings hereinafter designated.
A. 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.
B. And /Or shall mean one item or the other or a combination of
both or all.
C. Approval Authority The Arkansas Department of Environmental
Quality.
D. Authorized Representative of the User.
(1) If the User is a corporation:
(a) The president, secretary, treasurer, or a vice -
president of the corporation in charge of a principal
business function, or any other person who performs
similar policy or decision- making functions for the
corporation; or
(b) The manager or Chief Executive Officer ( "CEO ") of
one or more manufacturing, production, or operation
facilities employing more than two hundred fifty (250)
persons or having gross annual sales or expenditures
exceeding twenty -five (25) million dollars (in second -
quarter 1980 dollars) , if authority to sign documents
has been assigned or delegated to the manager or CEO in
accordance with corporate procedures.
(2) If the User is a partnership or sole proprietorship: a
general partner.or proprietor, respectively.
(3) If the User is a Federal, State, or local governmental
facility: a director or highest official appointed or
designated to oversee the operation and performance of
the activities of the government facility, or their
designee.
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(4) The individuals described in paragraphs 1 through 3,
above, may designate another authorized representative
if the authorization is in writing, the authorization
specifies the individual or position responsible for
the overall operation of the facility from which the
discharge originates or having overall responsibility
for environmental matters for the company, and the
written authorization is submitted to the Manager. or
CEO.
E. Batch Discharge. The discharge of wastewater to a POTW on
an intermittent basis.
F. Biochemical Oxygen Demand or BOD. The relative oxygen
requirements of water and wastewater as determined by
generally accepted standard laboratory procedures. The test
measures the quantity of oxygen utilized in the biochemical
oxidation of organic matter and inorganic matter such as
sulfides, ferrous iron, and reduced forms of nitrogen. The
test is conducted under standard laboratory procedures for
five (5) days at 20 degrees centigrade, usually expressed as
a concentration (e.g., mg /L).
G. BTEX. The sum of the milligram per liter concentrations of
benzene, toluene, ethylbenzene, and xylene.
H. BTEX Waters. Those waters associated with underground
petroleum storage tanks. This may include water inside the
tanks, water within the excavation pit upon .removal of such
tanks, or contaminated groundwater in the immediate vicinity
of such a tank.
I. Cateaorical Pretreatment Standard or Categorical_ Standard.
Any regulation containing pollutant discharge limits
promulgated by EPA in accordance with Sections 307(b) and
(c) of the Act (33 U.S.C. § 1317) which apply to a specific
category of Users and which appear in 40 CFR Chapter I,
Subchapter N, Parts 405 -471.
J. City. The City of Little Rock, Arkansas.
K. Composite Sample. A series of individual grab samples
collected over a known period of time or proportional to
flow and combined to make one sample.
L. Control Authority. The City of Little Rock Wastewater
Utility.
M. Control Manhole. The manhole through which or into which
the majority of the significant industrial wastestreams from
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r r r r r r r r r r r r rs
a discharger flows and which is suitable for obtaining a
representative sample of the discharge.
N. Environmental Protection Agency or EPA. The U'S.
Environmental Protection Agency or, where appropriate, the
Regional Water Management Division Director, or other duly
authorized official of said agency.
O. Existing Source. Any source of discharge, the construction
or operation of which commenced prior to the publication by
EPA of proposed categorical pretreatment standards, which
will be applicable to such source if the standard is
thereafter promulgated in accordance with Section 307 of the
Act.
P. Extra Strength Surcharge or Surcharge. The additional
monthly sewer charge assessed to persons discharging
wastewater exceeding the average domestic concentrations for
BOD, TSS, and /or Oil and Grease. The surcharge is based on
the pounds of pollutant discharged and reflects the
additional cost of treating high strength discharges.
Q. Garbage. The solid wastes from the domestic and commercial
preparation, cooking and disposing of food, and from the
handling, storage, and sale of produce.
R. Grab Sample. A sample which is taken from a wastest.ream
without regard to the flow in the wastestream and over a
period of time not to exceed fifteen (15) minutes.
S. Indirect Discharge or Discharge. The introduction of
pollutants into the POTW from any non - domestic source
regulated under Section 307(b), (c), or (d) of the Act.
T. Industrial User or User. A source of indirect discharge.
U. Interference. A discharge, which alone or in conjunction
with a discharge or discharges from other sources, inhibits
or disrupts the POTW, its treatment processes or operations
or its biosolids processes, use or disposal; and therefore,
is a cause of a violation of the POTW's NPDES permit or of
the prevention of biosolids use or disposal in compliance
with any of the following statutory /regulatory provisions or
permits issued thereunder, or any more stringent State or
local regulations: Section 405 of the Act; the Solid Waste
Disposal Act, including Title II commonly referred to as the
Resource Conservation and Recovery Act (RCRA) ; any State
regulations contained in any State biosolids management plan
prepared pursuant to Subtitle D of the Solid Waste Disposal
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M
Opi
Act; the Clean Air Act; t
and the Marine Protection,
V. Landfill Leachate. Those
drainage collection system
he Toxic Substances Control Act;
Research, and Sanctuaries Act.
waters collected from the under
of a sanitary landfill.
W. Medical Waste. Isolation wastes, infectious agents, human
blood and blood products, pathological wastes, sharps, body
parts, contaminated bedding, surgical wastes, potentially
contaminated laboratory wastes, dialysis wastes, and wastes
containing radioactive isotopes.
X. Manager. The Manager of Little Rock Wastewater Utility, or
his duly authorized deputy, agent, or representative.
Y. Maximum Allowable Discharge Limit. The maximum amount of a
pollutant (either in concentration or mass) that is allowed
to be discharged to the POTW
Z. NPDES. The National Pollutant Discharge Elimination System.
AA. New Source.
(1) Any building, structure, facility, or installation from
which there is (or may be) a discharge of pollutants,
the construction of which commenced after the
publication of proposed pretreatment standards under
Section 307(c) of the Act which will be applicable to
such source if such standards are thereafter
promulgated in accordance with that section, provided
that:
(a)The building, structure, facility, or installation
is constructed at .a site at which no other source is
located; or
(b) The building, structure, facility, or installation
totally replaces the process or production equipment
that causes the discharge of pollutants at an existing
source; or
(c) The production or wastewater generating processes
of the building, structure, facility, or installation
are substantially independent of an existing source at
the same site. In determining whether these are
substantially independent, factors such as the extent
to which the new facility is integrated with the
existing plant, and the extent to which the new
facility is engaged in the same general type of
activity as the existing source, should be considered.
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(2) Construction on a site at which an existing source is
located results in a modification rather than a new
source if the construction does not create a new
building, structure, facility, or installation meeting
the criteria of Section (1)(b) or (c) above but
otherwise alters, replaces, or adds to existing process
or production equipment.
(3) Construction of a new source as defined under this
paragraph has commenced if the owner or operator has:
(a)Begun, or caused to begin, as part of a continuous
on -site construction program
(i)any placement, assembly, or installation of
facilities or equipment; or
(ii) significant site preparation work including
clearing, excavation, or removal of existing
buildings, structures, or facilities which is
necessary for the placement, assembly, or
installation of new source facilities or
equipment; or
(b) Entered into a binding contractual obligation for
the purchase of facilities or equipment which are
intended to be used in its operation within a
reasonable time. Options to purchase or contracts
which can be terminated or modified without substantial
loss, and contracts for feasibility, engineering, and
design studies do not constitute a contractual
obligation under this paragraph.
BB. Non - contact Cooling Water. Water used for cooling which
does not come into direct contact with any raw material,
intermediate product, waste product, or finished product.
CC. Oil and Grease or O &G. A group of substances with similar
physical characteristics are determined quantitatively on
the basis of their common solubility in an organic
extracting solvent. These substances including fats,
waxes, free fatty acids, calcium and magnesium soaps,
mineral oils, and certain other non -fatty materials. It
includes other materials recovered by the solvent from an
acidified sample (such as sulfur compounds, certain organic
dyes, and chorlphyll) and not volatilized during the test.
At the discretion of the Manager, the Oil and Grease test
may be determined by the Part ition- Gravimetric Method as
outlined in the latest approved listing in 40 Code of
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Federal Regulation, Part 136 or the Soxhlet Method contained
in the latest approved edition of "Standard Methods for the
Examination of Water and Wastes ". Further, the solvent used
may either be Trichlorotrifluoroethane (1,1,2- t.richloro--
1,2,2-trifluoro- ethane)or a mixture of 80% n- hexane and 20%
methyl -tert -butyl ether.
DD. Pass Through. 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.
EE. Person. Any individual, partnership, co- partnership, firm,
company, corporation, association, joint stock company,
trust, estate, governmental entity, or any other legal
entity; or their legal representatives, agents, or assigns.
This definition includes all Federal, State, and local
governmental entities.
FF. pH. A measure of the hydrogen -ion concentration in a
solution, expressed as the logarithm (base ten) of the
reciprocal of the hydrogen -ion concentration in gram moles
per liter (g /mole /L). On the pH scale (0 to 14), a value of
7 at 25 °C (77 °F) represents a neutral condition. Decreasing
values indicate increasing hydrogen -ion concentration
(acidity); increasing values indicate decreasing hydrogen -
ion concentration (alkalinity).
GG. Pollutant. Dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions,
medical wastes, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt, municipal, agricultural and
industrial wastes, and certain characteristics of wastewater
(e.g., TSS, turbidity, color, BOD, COD, cyanide, oil S
grease, heavy metals, toxicity, or odor).
HH. POTW Treatment Plant. That portion of the publicly owned
treatment works(POTW) designed to provide treatment to
wastewater.
II. Pretreatment. The reduction of the amount of pollutants,
the elimination of pollutants, or the alteration of the
nature of pollutant properties in wastewater prior to, or in
lieu of, introducing such pollutants into the POTW. This
reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by
other means, except by diluting the concentration of the
Page 11 of 57
pollutants unless allowed by an applicable pretreatment
standard.
JJ. Pretreatment Program. The Utility's EPA and /or Arkansas
Department of Environmental Quality approved program to
administer the requirements of 40 CFR 403, the General
Pretreatment Regulations, and associated National
Categorical Standards as adopted into Section 4 of
Regulation No, o: Regulations for State Administration of
the National Pollutant Discharge Elimination System.
KK. Pretreatment Requirement. Any substantive or procedural
requirement related to Pretreatment, other than a National
Pretreatment Standard, imposed on an Industrial User.
LL. Pretreatment Standards or Standards. Pretreatment standards
shall mean prohibited discharge standards, categorical
pretreatment standards, and local limits.
MM. Prohibited Discharge Standards or Prohibited Discharges.
Absolute prohibitions against the discharge of certain
substances; these prohibitions appear in Section 2.1 of this
ordinance.
NN. Publicly Owned Treatment Works or POTW. A "treatment
works," as defined by Section 212 of the Act (33 U.S.C.
51292) which is owned by the City of Little Rock. This
definition includes any devices or systems used in the
collection, storage, treatment, recycling, and reclamation
of sewage or industrial wastes of a liquid nature and any
conveyances which convey wastewater to a treatment plant.
OO. Sanitary Sewer. A sewer in which sewage is carried, and to
which storm, surface, and ground water are not intentionally
admitted.
PP. Secure Sample Point. 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.
QQ. Se ti.c Tank Waste. Any domestic sewage from holding tanks
such as vessels, campers, trailers, and septic tanks.
RR. Sewage. The spent or used water of a community or industry
containing dissolved and suspended matter.
SS. Sewer. A pipe or conduit for carrying sewage.
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TT. Sewer Committee. The Sanitary Sewer Committee of the City of
Little Rock Wastewater Utility.
UU. Shall is mandatory; Maw is permissive.
VV. Significant Industrial User.
(1) A User subject to categorical pretreatment standards; or
(2) A User that:
(a) Discharges an average of twenty -five thousand
(25,000) gpd or more of process wastewater to the POTW
(excluding sanitary, non - contact cooling, and boiler
blow down wastewater);
(b) Contributes a process wastestream which makes up
five (5) percent or more of the average dry weather
hydraulic or organic capacity of the POTW treatment
plant; or
(c) Is designated as such by the Manager_ on the basis
that it has a reasonable potential for adversely
affecting the POTW's operation or for violating any
pretreatment standard or requirement.
WW. Slug Load or Slug. Any discharge at a flow rate or
pollutant concentration which could cause a violation of the
prohibited discharge standards in Section 2.1 of this
ordinance.
XX. Standard Industrial Classification (SIC) Code. A
classification pursuant to the North American Industry
Classification System'- United States, (1997) issued by the
United States Office of Management and Budget's Economic
Classification Policy Committee.
YY. State. The State of Arkansas.
ZZ. Storm Water. Any flow occurring during or following any
form of natural precipitation, and resulting from such
precipitation, including snow melt.
AAA. Total Suspended Solids or TSS. The total suspended solids
are wastewater residues removed by laboratory filtering and
retained on a standard glass -fiber filter with a nominal
pore size of 2.0 pm (or smaller) and dried to a constant
weight at a temperature of 103° - 105° centigrade.
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M
BBB. 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.
CCC. Upset. An exceptional incident in which a discharger
unintentionally and temporarily is in a state of non-
compliance with the standards set forth in this Ordinance or
the discharger's Industrial Wastewater Discharge Permit, due
to forces beyond the reasonable control of the discharger,
and excluding non - compliance to the extent caused by
operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation thereof.
DDD. User or Industrial User. A source of indirect discharge.
EEE. Utility. The City of Little Rock Wastewater Utility,
including the POTW, personnel, and all authorized
representatives.
FFF. Wastewater. Liquid and water- carried industrial wastes and
sewage from residential dwellings, commercial buildings,
industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the
POTW.
SECTION 2 - GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards
A. General Prohibitions. No User shall introduce or cause to
be introduced into the POTW any pollutant or wastewater
which causes pass through or interference or in any way
contaminates the POTW biosolids, scum, or residues to such a
level as to render them unacceptable for economical reuse or
reclamation. These general prohibitions apply to all Users
of the POTW whether or not they are subject to categorical
pretreatment standards or any other National, State, or
local pretreatment standards or requirements.
B. Specific Prohibitions. No User shall introduce or cause to
be introduced into the POTW the following pollutants,
substances, or wastewater:
(1) 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
Page 14 of 57
057
way to the POTW or the operation of the POTW. Such
materials include, but are not limited to, gasoline,
diesel, benzene, naphtha, fuel oils, kerosene, toluene,
xylene, ethers, alcohols, kotones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbines,
hydrides, or sulfides, or any wastestream with a closed
cup flash point of less than 140 degrees Fahrenheit or
60 degrees Centigrade using the test methods specified
in 40 CFR 261.21;
(2) Water or wastes having a pH lower than 5.0 S.U. or
greater than 12.0 S.U. or having any other corrosive
property capable of causing damage or a hazard to the
structures, equipment, and personnel of the POTW. In
no case shall waters or wastes be discharged at such a
flow rate and /or pH which will cause the influent at
the POTW treatment plant to be lower than 6.0 S.U. or
greater than 9.0 S.U.;
(3) Solid or viscous substances in quantities or of such
size capable of creating a, stoppage, plugging,
breakage, or any reduction in sewer capacity or any
other damage to the POTW such as, but no` limited to,
ashes, cinders, sand, plastic, wood, un- ground 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 User by the Utility. Any
refusal to pay the additional maintenance expense duly
authorized by the Manager shall constitute a violation
of the provisions contained herein;
(4) Pollutants, including oxygen- demanding pollutants (BOD,
COD, etc.), released in a discharge at a flow rate
and /or pollutant concentration which, either singly or
by interaction with other pollutants, will cause
interference, upset, or loss of efficiency at POTW. In
no case shall a slug load have a flow rate or contain a
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;
(5) Waters, wastes, or vapors discharged at such a volume
or temperature which will, inhibit biological activity
in the treatment plant resulting in interference, but
in no case any such waters or wastes which will cause
the POTW influent or pumping station wetwell
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• 4j59
temperature to exceed 104 °F (40.0 °C). Any liquid or
vapor having a temperature higher than 130° F ;54.4° C)
at the point of discharge;
(6) Petroleum oil, non - biodegradable cutting oil, or
products of mineral oil origin, in amounts that will
cause interference or pass through;
(7) Waters or wastes containing toxic or poisonous solids,
liquids, or gases, or oxygen demanding wastes, 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 the
POTW's. NPDES Permit or create a toxic effect in the
receiving stream, to cause a public nuisance, or to
constitute a hazard or an acute health or safety
problem to the POTW workers or the public;
(8) Noxious or malodorous liquids, gases, solids, or other
wastewater which, either singly or by interaction with
other wastes, are sufficient to create a public
nuisance or a hazard to life, or to prevent entry into
the sewers for maintenance or repair;
(9) Wastewater which imparts color which cannot be removed
by the treatment process, such as, but not limited to,
dye wastes and vegetable tanning solutions, which
consequently imparts color to the treatment plant's
effluent, thereby violating the Utility's NPDES permit;
(10) Unusual concentrations of inert suspended solids such
as, but not limited to, Fuller earth, lime slurries and
lime residues, or dissolved solids such as, but not
limited to, sodium chloride and sodium sulfate.
(11) Wastewater containing any radioactive wastes or
isotopes except in compliance with applicable State or
Federal regulations;
(12) Storm water, surface water, ground water, artesian well
water, roof runoff, subsurface drainage, swimming pool
drainage, condensate, de- ionized water, non- contact
cooling water, and unpolluted wastewater, unless
specifically authorized by the Manager;
(13) Sludges, screenings, or other residues from the
pretreatment of industrial wastes;
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(14) Medical wastes, except as specifically authorized by
the Manager in a wastewater discharge permit:
(15) Wastewater causing, alone
sources, the treatment
toxicity test;
or in conjunction with other
plant's effluent to fail a
(16) Detergents, surfactant, or other substances which may
cause excessive foaming in the POTW; or
(17) Wastewater causing two successive readings on an
explosion hazard meter at the point of discharge into
the POTW, or at any point in the POTW, of more than 10%
or any single reading over 20% of the Lower Explosive
Limit of the meter.
(18) Hauled or trucked liquid wastes, except at the specific
discharge point(s) designated by the Utility;
Pollutants, substances, or wastewater prohibited by this
section shall not be processed or stored in such a manner that
they could be discharged to the POTW.
2.2 National Categorical Pretreatment Standards
The categorical pretreatment standards found at 40 CFR
Chapter I, Subchapter N, Parts 405 -471 are hereby incorporated.
Those standards, if more stringent than the limitations imposed
by the latest approved "Technically Based Local Limits
Development Document" for sources in that sub - category, shall
supersede the limitations imposed by the Focal Limits.
A. Where a categorical pretreatment standard is expressed only
in terms of either the mass or the concentration of a
pollutant in wastewater, the Manager may impose equivalent
concentration or mass limits in accordance with 40 CFR
403.6(c).
B. When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same
standard, the Manager shall impose an alternate limit using
the combined wastestream formula in 40 CFR 403.6(e).
2.3 State Pretreatment Standards
State pretreatment standards located in Section 4 of
Regulation No.6: Regulations for State Administration of the
National Pollutant Discharge Elimination System for a particular
industrial sub - category, if more stringent than the requirements
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of this ordinance, shall supersede the requirements of this
Ordinance, are hereby incorporated by reference and will be
imposed where applicable and shall include, but is not limited
to, discharge limitations and reporting requirements. This shall-
include those regulations currently promulgated or which will be
promulgated in the future including any amendments, and shall be
recognized as part of this Ordinance.
2.4 Local Limits
No person shall discharge any waters or wastes at a
concentration that would exceed the concentration of pollutants,
including but not limited to, those identified in the
"Technically Based Local Limits Development Document ", and
adopted by the Manager of the Little Rock Wastewater Utility and
approved by the Arkansas Department of Environmental Quality and
the Little Rock Sanitary Sewer Committee.
The Utility will develop and assign specific discharge
permit limitations for pollutants for permitted Users based on
criteria approved by the Manager. The specific permit limits
shall ensure that local limit pollutant concentrations will
protect the wastewater treatment plant from upset. The Local
Limits shall apply to the total flow or total discharge from the
Industrial Users. In developing specific permit limits, the
Manager may impose mass limitations in addition to, or in place
of, specific concentration -based limits. In addition, the
Utility may develop specific discharge ].imitations for any other
toxic pollutants which the Manager of the Utility may determine
to be of sufficient quantity to cause POTW interference and /or
pass through, endanger the health and safety of the POTW
personnel or the public health, cause a POTW permit violation or
render the POTW sludges unacceptable for economic reuse or
reclamation.
2.5 Right of Revision
The Utility shall at all times have the right to establish,
by ordinance or in wastewater discharge permits, more stringent
standards or requirements on discharges to the POTW than may be
specified in this Ordinance or the "Technically Based Local
Limits Document ".
2.6 Dilution
No User shall ever increase the use of process water, or in
any way attempt to dilute a discharge, as a partial or complete
substitute for adequate treatment to achieve compliance with a
discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Manager may impose mass
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limitations on Users who are using dilution to meet applicable
pretreatment standards or requirements, or in other cases when
the imposition of mass limitations is appropriate.
SECTION 3 - PRETREATMENT OF WASTEWATER
3.1 Pretreatment Facilities
Users shall provide wastewater treatment as necessary to
comply with this Ordinance and shall achieve compliance with all
categorical pretreatment standards, local limits, and the
prohibitions set out in Section 2.1 of this ordinance within the
time limitations specified by EPA, the State, or the Manager,
whichever is more stringent. Any facilities necessary for
compliance shall be provided, operated, and maintained at the
User's expense. Detailed plans describing such facilities and
operating procedures shall be submitted to the Manager for
review, and shall be acceptable to the Manager before such
facilities are constructed. The review of such plans and
operating procedures shall in no way relieve the User from the
responsibility of modifying such facilities as necessary to
produce a discharge acceptable to the Utility under the
provisions of this Ordinance.
3.2 Additional Pretreatment Measures
A. 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 2.1(A), 2.1(B),
2.4, and /or 14.1 of this Ordinance and in the judgment of
the Manager, may have a deleterious effect upon the sewage
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 sewer, and /or (c) require control
over the quantities and rate 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 all applicable codes, ordinances, and
laws. Where pretreatment or flow equalization facilities
are provided for any waters or wastes, they shall be
continuously maintained in satisfactory and effective
operation by the owner or occupant at his own expense.
B. Whenever deemed necessary, the Manager may require Users to
restrict their discharge during peak flow periods, designate
that certain wastewater be discharged only into specific
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sewers, relocate and /or consolidate points of discharge,
separate sewage wastestreams from industrial wastestreams,
and such other conditions as may be necessary to protect the
POTW and determine the User's compliance with the
requirements of this Ordinance.
C. The Manager may require any person discharging into the POTW
to install and maintain, on their property and at their
expense, a suitable storage and flow - control facility to
ensure equalization of flow. A wastewater discharge permit
may be issued solely for flow equalization.
D. Grease, oil, and sand interceptors shall be provided when,
in the opinion of the Manager, they are necessary for the
proper handling of wastewater containing excessive amounts
of grease and oil, any flammable wastes, or sand; except
that such interceptors shall not be required for residential
Users. All interception units shall be of type and capacity
approved by the Manager and shall be so located to be easily
accessible for cleaning and inspection. Such interceptors
shall be inspected, cleaned, and repaired regularly, as
needed, by the User at their expense. Storage, handling,
transportation, and disposal of all wastes generated from
such interceptors shall be performed in accordance with all
applicable Federal, State, and local regulations that
pertain to that type and /or class of waste.
E. Users with the potential to discharge flammable substances
may be required to install and maintain an approved
combustible gas detection meter.
F. When required by the Manager, the owner of any property
serviced by a building sewer carrying industrial waste -shall
provide a secure sample 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 sample 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 sample point or control manhole shall be provided
with meters or other appurtenances to facilitate the
monitoring of the wastewater. The cost of the installation
and maintenance of a secure sample point or control manhole
shall be borne by the owner. Any construction and/or
alteration of a secure sample point or control manhole shall
be approved by the Manager before any construction has
begun.
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Any secure sample 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 sample point or control
manhole by Utility personnel.
G. Whenever deemed necessary, the Manager may require the
pretreatment system operator(s) to be licensed in accordance
with the State of .Arkansas' Regulation Number 3, including
all amendments thereto, for the operation of industrial
wastewater treatment systems.
3.3 Accidental Discharge /Slug Control Plans
At least once every two (2) years, the Manager shall
evaluate whether each significant Industrial User needs an
accidental discharge /slug control plan. The Manager may require
any User to develop, submit for approval, and implement such a
plan. Alternatively, the Manager may develop such a plan for any
User. An accidental discharge/slug control plan shall address,
at a minimum, the following:
A. Description of discharge practices, including non - routine
batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Manager or any
accidental or slug discharge, as required by Section 6.6 of
this ordinance; and
D. Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures include, but are not
limited to, inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading
operations, control of plant site runoff, worker training,
building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents,
and /or measures and equipment for emergency response.
3.4 Hauled Wastewater
A. Septic tank waste originating from domestic sources may be
introduced into the POTW only at locations designated by the
Manager, and at such times as are established by the
Manager. Such waste shall not violate Section 2 of this
Ordinance or any other requirements established by the
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Manager. The Manager may require septic tank waste haulers
to obtain wastewater discharge permits.
B. Other hauled liquid wastes may be introduced into the POTW
also, with prior approval of the Manager. These other
wastes may include, but are not limited to, landfill
leachate and waters associated with the removal of
underground petroleum storage tanks (BTEX waters;. The
acceptance of such waters for introduction to the POTW shall
comply with Little Rock Wastewater Utility current policies
on the acceptance of landfill leachate and BTEX.
C. The Manager shall require all haulers of liquid wastes
discharged into the POTW to use the Utility manifest system
for each load of hauled liquid waste. This form must
contain, at a minimum, the name and address of the waste
hauler, permit number, truck identification, names and
addresses of sources of waste, and volume and
characteristics of waste. The form shall identify the type
of waste and state whether any wastes are RCRA hazardous
wastes.
SECTION 4 - WASTEWATER DISCHARGE PERMITS
4.1 Wastewater Survey
When requested by the Manager, all Industrial Users must
submit information on the nature and characteristics of their
wastewater by completing a wastewater survey prior to commencing
their discharge. The Manager is authorized to prepare a form for
this purpose and may periodically require Industrial Users to
update the survey. Failure to complete this survey shall be
reasonable grounds for terminating service to the Industrial_ User
and shall be considered a violation of this Ordinance.
4.2 Permit Requirements
A. All significant industrial dischargers are required to have
a valid Class "C" or Class "S" Industrial Wastewater
Discharge Permit. A Class "C" Industrial Wastewater
Discharge Permit will be issued to any industrial discharger
subject to a Categorical Pretreatment Standard and a Class
"S" Industrial Discharge Permit will be issued to all other
significant industrial dischargers. A Class "N" Industrial
Wastewater Discharge Permit may be issued to any non-
significant industrial or commercial customer when it is
deemed necessary by the Manager. All, Industrial Wastewater
Discharge Permits issued by the Manager to Industrial Users
or dischargers will have a specific Discharge Permit Number
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corresponding to the type of permit issued, e.g., C -04, S-
32, N -15.
B. The Manager may also require any other Users to obtain
wastewater discharge permits as necessary to carry out the
purposes of this ordinance.
C. Any violation of the terms and conditions of a wastewater
discharge permit shall be deemed a violation of this
Ordinance and subjects the wastewater discharge permittee to
the sanctions set out in Sections 10 through 12 of this
Ordinance. obtaining a wastewater discharge permit does not
relieve a permittee of its obligation to comply with all.
Federal and State pretreatment standards or requirements or
with any other requirements of Federal, State, and local
law.
4.3 Permitting - Existing Connections
Any existing Industrial User identified by the Utility and
required by the Manager to obtain an Industrial Wastewater
Discharge Permit shall be notified by the Manager in writing and
shall complete and return an Industrial Wastewater Discharge
Permit Application within the time established by the Manager.
The Manager may deny or condition the contribution of pollutants
by such User in the Industrial Wastewater Discharge Permit.
4.4 Permit - New Connections
Any User required by the Manager to obtain a wastewater
discharge permit who proposes to begin or recommence discharging
industrial wastes into the POTW must obtain a discharge permit
prior to the beginning or recommencing of such discharge.- An
application for this wastewater discharge permit must be filed at
least ninety (90) days prior to the date upon which any discharge
will begin or recommence. The Manager may deny or condition the
contribution of pollutants by such User in the Industrial
Wastewater Discharge Permit.
4.5 Application Contents
All Users 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
appropriate, include, but is not limited to:
A. Name, address, and location of the Industrial User or
discharger.
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B. Standard Industrial Classification Number (SIC Code).
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.
J. Any other information as may be deemed necessary by the
Manager to evaluate the wastewater discharge permit
application.
Incomplete or inaccurate applications will not be processed and
will be returned to the User.for revision. This could result in
a delay in the issuance to the discharge permit.
4.6 Application Signatories and Certification
All wastewater discharge permit applications and User
reports must be signed by an authorized representative of the
User and contain the following certification statement:
"I certify under penalty of law that this document and
all. attachments were prepared under my direction or
supervision in accordance with a system designed to
assure that qualified personnel properly gather and
evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the
information, the information submitted is, to the best
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of my knowledge and belief,
complete. I am aware that
penalties for submitting false
the possibility of fine and ii
violations."
true, accurate, and
there are significant
information, including
nprisonment for knowing
Authorized representatives are defined by EPA Regulation 40
CFR 403 as follows:
A. A responsible corporate officer, if the facility is a
corporation, and includes the following:
(1) A president, secretary, treasurer, or vice- - president of
the corporation in charge of a major principle business
function, or any other person who performs similar
policy- or decision - making functions for the
corporation.
(2) The manager or CEO of one or more manufacturing,
production, or operation facilities employing more than
250 persons or having gross annual sales or
expenditures exceeding $25 million (in second - quarter
1980 dollars), if the authority to sign documents has
been assigned or delegated to the manager or CEO in
accordance with corporate procedures.
B. A general partner or proprietor if the facility is a
partnership or sole proprietorship respectively.
A duly authorized representative of the individuals listed
in items A or B above; if
(1) The authorization has been made in writing by any of
the individuals listed in A or B above; and
(2) The authorization specifies either an individual or a
position having responsibility for the overall
operation of the facility, such as a plait manager,
superintendent, or a position of equivalent
responsibility, or having overall responsibility for
environmental matters at the facility; and
(3) The written authorization has been submitted to Little
Rock Wastewater Utility.
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SECTION 5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
5.1 Wastewater Discharge Permit Duration
A wastewater discharge permit shall be issued for a
specified time period, not to exceed two (2) years from the
effective date of the permit. A wastewater discharge permit may
be issued for a period less than two (2) years, at the discretion
of the Manager. Each wastewater discharge permit will indicate a
specific date upon which it will expire.
5.2 Wastewater Discharge Permit Contents
A wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the Manager to prevent pass
through or interference, protect the quality of the water body
receiving the treatment plant's effluent, protect worker health
and safety, facilitate sludge management and disposal, and
protect against damage to the POTW.
A. Wastewater discharge permits shall contain:
(1) A statement that indicates wastewater discharge permit
duration, which in no event shall exceed two (2) years;
(2) A statement that the wastewater discharge permit is
nontransferable without prior notification to the
Manager in accordance with Section 5.4 of this
ordinance, and provisions for furnishing the new owner
or operator with a copy of the existing wastewater
discharge permit;
(3) Effluent limits. based on applicable pretreatment
standards;
(4) Self monitoring, sampling, reporting, notification, and
record- keeping requirements. These requirements shall
include an identification of pollutants to be
monitored, sampling location, sampling frequency, and
sample type based on Federal, State, and local law; and
(5) A statement of applicable civil and criminal penalties
for violation of pretreatment standards and
requirements, and any applicable compliance schedule.
Such schedule may not extend the time for compliance
beyond that required by applicable Federal, State, or
local law.
B. Wastewater discharge permits may contain, but need not be
limited to, the following conditions:
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(1) Limits on the average and /or maximum rate of discharge,
time of discharge, and /or requirements for flow
regulation and equalization;
(2) Requirements for the installation of pretreatment
technology, pollution control, or construction of
appropriate containment devices, designed to reduce,
eliminate, or prevent the introduction of pollutants
into the treatment works;
(3) Requirements for the development and implementation of
spill control plans or other special conditions
including management practices necessary to adequately
prevent accidental, unanticipated, or non - routine
discharges;
(4) Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to
the POTW;
(5) The unit charge or schedule of User charges and fees
for the management of the wastewater discharged to the
POTW;
(6) Requirements for installation and maintenance of
inspection and sampling facilities and equipment;
(7) A statement that compliance with the wastewater
discharge permit does not relieve the permittee of
responsibility for compliance with all applicable
Federal and State pretreatment standards, including
those which become effective during the term of the
wastewater discharge permit; and
(8) Other conditions as deemed appropriate by the Manager
to ensure compliance with this Ordinance, and State and
Federal laws, rules, and regulations.
5.3 Wastewater Discharge Permit Modification
The Manager may modify a wastewater discharge permit for
good cause, including, but not limited to, the following reasons:
A. To incorporate any new or revised Federal, State, or local
pretreatment standards or requirements;
B. To address significant alterations or additions to the
User's operation, processes, or wastewater volume or
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character since the time of wastewater discharge permit
issuance;
C. A change in the POTW that requires either a temporary or
permanent reduction or elimination of the authorized
discharge;
D. Information indicating that the permitted discharge poses a
threat to the POTW and /or it's personnel, or the receiving
waters;
E. Violation of any terms or conditions of the wastewater
discharge permit;
F. Misrepresentations or failure to fully disclose all relevant
facts in the wastewater discharge permit application or in
any required reporting;
G. Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
H. To correct typographical or other errors in the wastewater
discharge permit; or
I. To reflect a transfer of the facility ownership or operation
to a new owner or operator.
5.4 Wastewater Discharge Permit Transfer
Wastewater discharge permits may be transferred to a new
owner or operator only if the permittee gives at least sixty (60)
days advance notice to the Manager and the Manager approves the
wastewater discharge permit transfer. The notice to the Manager
must include a written certification by the new owner or operator
which:
A. States that the new owner and /or operator has no immediate
intent to change the facility's operations and processes;
B. Identifies the specific date on which the transfer is to
occur; and
C. Acknowledges full responsibility for complying with the
existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility
transfer.
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5.5 Wastewater Discharge Permit Revocation
The Manager may revoke a wastewater discharge permit for
good cause subject to following the procedure set forth in
Section 10.4 hereinafter, including, but not limited to, the
following reasons:
A. Failure to notify the Manager of significant changes to the
wastewater prior to the changed discharge;
B. Failure to provide prior notification to the Manager of
changed conditions pursuant to Section 6.6 of this
ordinance;
C. Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
D. Falsifying self- monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the Manager timely access to the facility
premises and records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
O.72
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater
discharge permit application;
L. Failure to provide advance notice of the transfer of
business ownership of a permitted facility; or
M. Violation of any pretreatment standard or requirement, or
any terms of the wastewater discharge permit or this
Ordinance.
Wastewater discharge permits shall be voidable upon
cessation of operations or transfer of business ownership. All
wastewater discharge permits issued to a particular User are void
upon the issuance of a new wastewater discharge permit to that
User.
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5.6 Wastewater Discharge Permit Reissuance
A User with an expiring wastewater discharge permit shall
apply for wastewater discharge permit reissuance by submitting a
complete permit application, in accordance with Section 4.5 of
this ordinance, a minimum of sixty (60) days prior to the
expiration of the User's existing wastewater discharge permit.
The Manager will notify the User of his responsibility to reapply
for reissuance of the permit at least ninety (90) days prior to
the re- application date.
5.7 Regulation of Waste Received from Other Jurisdictions
A. All dischargers to the City of 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 Section 7.1(F) of this Ordinance.
B. 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 40 CFR 403,
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 Section 7.1(F) 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 6 - REPORTING REQUIREMENTS
6.1 Baseline Monitoring Reports
A. Within either one hundred eighty (180) days after the
effective date of a categorical pretreatment standard, or
the final administrative decision on a category
determination under 40 CFR 403.6(a) (4), whichever is later,
existing categorical Users currently discharging to or
scheduled to discharge to the POTW shall submit to the
Manager a report which contains the information listed in
paragraph B, below. At least ninety (90) days prior to
commencement of their discharge, new sources, and sources
that become categorical Users subsequent to the promulgation
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of an applicable categorical standard, shall submit to the
Manager a report which contains the information listed in
paragraph B, below. A new source shall report the method of
pretreatment it intends to use to meet applicable
categorical standards. A new source also shall give
estimates of its anticipated flow and quantity of pollutants
to be discharged.
B. Users described above shall submit the information set forth
below:
(1) Identifying Information. The name and address of the
facility, including the name of the operator and owner.
(2) Environmental Permits. A list of any environmental
control permits held by or for the facility.
(3) Description of Operations. A brief description of the
nature, average rate of production, and standard
industrial classifications of the operation(s) carried
out by such User. This description should include a
schematic process diagram which indicates points of
discharge to the POTW from the regulated processes.
(4) Flow Measurement. Information showing the measured
average daily and maximum daily flow, in gallons per
day, to the POTW from regulated process streams and
other streams, as necessary, to allow use of the
combined wastestream formula set out in 40 CFR
403.6(e).
(5) Measurement of Pollutants.
(a) The categorical pretreatment standards applicable
to each regulated process.
(b) The results of sampling and analysis identifying
the nature and concentration, and /or mass, where
required by the standard or by the Manager, of
regulated pollutants in the discharge from each
regulated process. Instantaneous, daily maximum, and
long -term average concentrations, or mass, where
required, shall be reported. The sample shall be
representative of daily operations and shall be
analyzed in accordance with procedures set out in
Section 6.10 of this ordinance.
(c) Sampling must be performed in accordance with
procedures set out in Section 6.11 of this ordinance.
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of an applicable categorical standard, shall submit to the
Manager a report which contains the information listed in
paragraph B, below. A new source shall report the method of
pretreatment it intends to use to meet applicable
categorical standards. A new source also shall give
estimates of its anticipated flow and quantity of pollutants
to be discharged.
B. Users described above shall submit the information set forth
below:
(1) Identifying Information. The name and address of the
facility, including the name of the operator and owner.
(2) Environmental Permits. A list of any environmental
control permits held by or for the facility.
(3) Description of Operations. A brief description of the
nature, average rate of production, and standard
industrial classifications of the operation(s) carried
out by such User. This description should include a
schematic process diagram which indicates points of
discharge to the POTW from the regulated processes.
(4) Flow Measurement. Information showing the measured
average daily and maximum daily flow, in gallons per
day, to the POTW from regulated process streams and
other streams, as necessary, to allow use of the
combined wastestream formula set out in 40 CFR
403.6(e).
(5) Measurement of Pollutants.
(a) The categorical pretreatment standards applicable
to each regulated process.
(b) The results of sampling and analysis identifying
the nature and concentration, and /or mass, where
required by the standard or by the Manager, of
regulated pollutants in the discharge from each
regulated process. Instantaneous, daily maximum, and
long -term average concentrations, or mass, where
required, shall be reported. The sample shall be
representative of daily operations and shall be
analyzed in accordance with procedures set out in
Section 6.10 of this ordinance.
(c) Sampling must be performed in accordance with
procedures set out in Section 6.11 of this ordinance.
Page 31 of 37
(6) Certification. A statement, reviewed by the User's
authorized representative and certified by a qualified
professional, indicating whether pretreatment standards
are being met on a consistent basis, and, if not,
whether additional operation and maintenance (O &M)
and /or additional pretreatment is required to meet the
pretreatment standards and requirements.
(7) Compliance Schedule. If additional pretreatment and /or
0 &M will be required to meet the pretreatment
standards, the shortest schedule by which the User will
provide such additional pretreatment and /or O &M. The
completion date in this schedule shall not be later
than the compliance date established for the applicable
pretreatment standard. A compliance schedule pursuant
to this section must meet the requirements set out in
Section 6.2 of this ordinance.
(8) Signature and Certification. All baseline monitoring
reports must be signed and certified in accordance with
Section 4.6 of this ordinance.
6.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance
schedule required by Section 6.1(B) (7) of this ordinance and /or
any compliance schedule issued by the Manager under Section 10.5
of this ordinance:
A. The schedule shall contain progress increments in the form
of dates for the commencement and completion of major events
leading to the construction and operation of additional
pretreatment required for the User to meet the applicable
pretreatment standards. Such events include, but are not
limited to, hiring an engineer, completing preliminary and
final plans, executing contracts for major components,
commencing and completing construction, and beginning and
conducting routine operation;
B. No increment referred to above shall exceed nine (9) months;
C. The User shall submit a progress report to the Manager no
later than fourteen (14) days following each date in the
schedule and the final date of compliance including, as a
minimum, whether or not it complied with the increment of
progress, the reason for any delay, and, if appropriate, the
steps being taken by the User to return to the established
schedule; and
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(6) Certification. A statement, reviewed by the User's
authorized representative and certified by a qualified
professional, indicating whether pretreatment standards
are being met on a consistent basis, and, if not,
whether additional operation and maintenance (O &M)
and /or additional pretreatment is required to meet the
pretreatment standards and requirements.
(7) Compliance Schedule. If additional pretreatment and /or
0 &M will be required to meet the pretreatment
standards, the shortest schedule by which the User will
provide such additional pretreatment and /or O &M. The
completion date in this schedule shall not be later
than the compliance date established for the applicable
pretreatment standard. A compliance schedule pursuant
to this section must meet the requirements set out in
Section 6.2 of this ordinance.
(8) Signature and Certification. All baseline monitoring
reports must be signed and certified in accordance with
Section 4.6 of this ordinance.
6.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance
schedule required by Section 6.1(B) (7) of this ordinance and /or
any compliance schedule issued by the Manager under Section 10.5
of this ordinance:
A. The schedule shall contain progress increments in the form
of dates for the commencement and completion of major events
leading to the construction and operation of additional
pretreatment required for the User to meet the applicable
pretreatment standards. Such events include, but are not
limited to, hiring an engineer, completing preliminary and
final plans, executing contracts for major components,
commencing and completing construction, and beginning and
conducting routine operation;
B. No increment referred to above shall exceed nine (9) months;
C. The User shall submit a progress report to the Manager no
later than fourteen (14) days following each date in the
schedule and the final date of compliance including, as a
minimum, whether or not it complied with the increment of
progress, the reason for any delay, and, if appropriate, the
steps being taken by the User to return to the established
schedule; and
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D. In no event shall more than nine (9) months elapse between
such progress reports to the Manager.
6.3 Reports on Compliance with Categorical Pretreatment Standard
Deadline
Within ninety (90) days following the date for final
compliance with applicable categorical pretreatment standards, or
in the case of a new source following commencement of the
introduction of wastewater into the POTW, any User subject to
such pretreatment standards and requirements shall submit to the
Manager a report containing the information described in Section
6.1(B)(4 -6) of this ordinance. For Users subject to equivalent
mass or concentration limits established in accordance with the
procedures in 40 CFR 403.6(c), this report shall contain a
reasonable measure of the User's long -term production rate. For
all other Users subject to categorical pretreatment standards
expressed in terms of allowable pollutant discharge per unit of
production (or other measure of operation), this report shall
include the User's actual production during the appropriate
sampling period. All compliance reports must be signed and
certified in accordance with Section 4.6 of this ordinance.
6.4 Periodic Compliance Reports
A. All significant Industrial Users shall, at a frequency
determined by the Manager, but in no case less than twice
per year (in June and December), submit a report indicating
the nature and concentration of pollutants in the discharge
which are limited by pretreatment standards and the measured
or estimated average and maximum daily flows for the
reporting period. All periodic compliance reports must be
signed and certified in accordance with Section 4.6 of this
ordinance.
B. When the Utility conducts the sampling and flow data
collection for the significant Industrial User, the
reporting requirements listed under 6.4.A. above shall be
waived.
C. All wastewater samples must be representative of the User's
discharge. Wastewater monitoring and flow measurement
facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure
of a User to keep its monitoring facility in good working
order shall not be grounds for the User to claim that sample
results are unrepresentative of its discharge.
D. If a User subject to the reporting requirement in this
section monitors any pollutant more frequently than required
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by the Manager, using the procedures prescribed in Section
6.11 of this ordinance, the results of this monitoring shall
be included in the report.
E. All significant Industrial Users required by the Manager to
submit Periodic Compliance Reports shall use the form
supplied by the Manager or other approved form.
6.5 Monthly Self- Monitoring Reports
A. When required by the Manager, all Industrial Users subject
to a National Categorical Pretreatment Standard shall submit
a monthly self- monitoring report indicating the nature and
concentration and /or mass of pollutants in the discharge
which are limited by pretreatment standards and the measured
or estimated average and maximum daily flows for the
reporting period. All monthly self- monitoring reports must
be signed and certified in accordance with Section 4.6 of
this ordinance.
B. All wastewater samples must be representative of the User's
discharge. Wastewater monitoring and flow measurement
facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure
of a User to keep its monitoring facility in good working
order shall not be grounds for the User to claim that sample
results are unrepresentative of its discharge.
C. If a User subject to the reporting requirement in this
section monitors any pollutant more frequently than required
by the Manager, using the procedures prescribed in Section
6.11 of this ordinance, the results of this monitoring shall .
be included in the report.
D. All categorical Industrial Users required by the Manager to
submit monthly self- monitoring reports shall use the form
supplied by the Manager or other approved form.
6.6 Reports of Changed Conditions
Each User must notify the Manager of any planned significant
changes to the User's operations or system which might alter the
nature, quality, or volume of its wastewater at least sixty (60)
days before the change.
A. The Manager may require the User to submit such information
as may be deemed necessary to evaluate the changed
condition, including the submission of a wastewater
discharge permit application under Section 4.5 of this
ordinance.
Page 34 of 57
B. The Manager may issue a wastewater discharge permit under
Section 4.5 of this Ordinance or modify an existing
wastewater discharge permit under Section 5.4 of this
Ordinance in response to changed conditions or anticipated
changed conditions.
C. For purposes of this requirement, significant changes
include, but are not limited to, flow increases of twenty
percent (20 %) or greater, and the discharge of any
previously unreported pollutants.
D. No User shall implement the planned change condition(s)
until and unless the Manager has responded to the Users
notice.
6.7 Reports of Potential Problems
A. In the case of any discharge, including, but not limited to,
accidental discharges, discharges of a non - routine, episodic
nature, a non - customary batch discharge, or a slug load,
that may cause potential problems for the POTW, the User
shall immediately telephone and notify the Manager of the
incident. This notification shall include the location of
the discharge, type of waste, concentration and volume, if
known, and corrective actions taken by the User.
B. Within five (5) days following such discharge, the User
shall, unless waived by the Manager, submit: a detailed
written report describing the cause(s) of the discharge and
the measures to be taken by the User to prevent similar
future occurrences. Such notification shall not relieve the
User of any expense, loss, damage, or other liability which
may be incurred as a result of damage to the POTW, natural
resources, or any other damage to person or property; nor
shall such notification relieve the User of any fines,
penalties, or other liability which may be imposed pursuant
to this Ordinance.
6.8 Other Reports - Permitted and Unpermitted Users
All Users shall provide appropriate reports to the Manager
as the Manager may require. Such reports may request, but are
not limited to, the nature and characteristics of the Users
wastewater (industrial waste survey). Failure to complete
requested reports or survey shall be considered a violation of
this Section and considered reasonable grounds for legal action
as provided by this ordinance.
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6.9 Notice of Violation /Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the
User must notify the Manager within twenty -four (24) hours of
becoming aware of the violation. The User shall also repeat the
sampling and analysis and submit the results of the repeat
analysis to the Manager within thirty (30) days after becoming
aware of the violation. The User is not required to re- sample if
the Manager monitors at the User's facility at least once a
month, or if the Manager samples between the User's initial
sampling and when the User receives the results of this sampling.
6.10 Notification of the Discharge of Hazardous Waste
A. Any User who commences the discharge of hazardous waste
shall notify the POTW, the EPA Regional Waste Management
Division Director, and State hazardous waste authorities, in
writing, of any discharge into the POTW of a substance
which, if otherwise disposed of, would be a hazardous waste
under 40 CFR Part 261. Such notification must include the
name of the hazardous waste as set forth in 40 CFR Part 261,
the EPA hazardous waste number, and the type of discharge
(continuous, batch, or other). I£ the User discharges more
than one hundred (100) kilograms of such waste per calendar
month to the POTW, the notification also shall contain the
following information to the extent such information is
known and readily available to the User: an identification
of the hazardous constituents contained in the wastes, an
estimation of the mass and concentration of such
constituents in the wastestream discharged during that
calendar month, and an estimation of the mass of
constituents in the wastestream expected to be discharged
during the following twelve (12) months. All notifications
must take place no later than one hundred and eighty (180)
days after the discharge commences. Anv notification under
this paragraph need be submitted only once for each
hazardous waste discharged. However, notifications of
changed conditions must be submitted under Section 6.5 of
this Ordinance. The notification requirement in this
section does not apply to pollutants already reported by
Users subject to categorical pretreatment standards under
the self- monitoring requirements of Sections 6.1, 6.3; 6.4,
and 6.5 of this ordinance.
B. Dischargers are exempt from the requirements of paragraph A,
above, during a calendar month in which they discharge no
more than fifteen (15) kilograms of hazardous wastes, unless
the wastes are acute hazardous wastes as specified in 40 CFR
261.30(d) and 261.33(e). Discharge of more than fifteen
(15) kilograms of non -acute hazardous wastes in a calendar
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month, or of any quantity of acute hazardous wastes as
specified in 40 CFR 261.30(4) and 261.33(e), requires a one-
time notification. Subsequent months during which the User
discharges more than such quantities of any hazardous waste
do not require additional notification.
C. In the case of any new regulations under Section 3001 of
RCRA identifying additional characteristics of hazardous
waste or listing any additional substance as a hazardous
waste, the User must notify the Manager, the EPA Regional
Waste Management Waste Division Director, and State
hazardous waste authorities of the discharge of such
substance within ninety (90) days of the effective date of
such regulations.
D. In the case of any notification made under this section, the
User shall certify that it has a program in place to reduce
the volume and toxicity of hazardous wastes generated to the
degree it has determined to be economically practical.
E. This provision does not create a right to discharge any
substance not otherwise permitted to be discharged by this
Ordinance, a permit issued thereunder, or any applicable
Federal or State law.
6.11 Analytical Requirements
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or
report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an
applicable categorical pretreatment standard. If 40 CFR Part 136
does not contain sampling or analytical techniques for the
pollutant in question, sampling and analyses must be performed in
accordance with procedures approved by EPA. All samples shall be
collected at the secure sample point, control manhole, or process
sampling point as designated by the Manager.
All independent laboratories performing analyses for
Industrial Users, 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 Environmental Quality
Laboratory Certification Program for the specific analysis being
performed. The Manager reserves the right to reject any analysis
performed by an independent laboratory that is not duly certified
for a particular analysis.
Page 37 of 53
6.12 Sample Collection
r r r
A. If as a result of any sampling and analyses authorized by
the Manager, 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 prohibited by this ordinance to exist in the
wastewater discharge of a facility, the Manager may direct
the owner or operator of said facility to have a
representative of that facility's wastewater subjected to
the appropriate physical, chemical, and biological tests
performed by a qualified 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.
B. Any sampling, testing, and /or sample delivery associated
with duplicate sample analysis in excess of the regularly
scheduled sampling and analysis performed 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 laboratory will submit
a prompt report in writing from the laboratory giving the
results of the analyses and all quality assurance
information relative to the analyses.
C. Except as indicated in Section D, below, the User must
collect wastewater samples using flow proportional composite
collection techniques. . In the event flow proportional
sampling is not feasible, the Manager may authorize the use
of time proportional sampling or a minimum of four (4) grab
samples where the User demonstrates that this will provide a
representative sample of the effluent being discharged. In
addition, grab samples may be required to show compliance
with instantaneous discharge limits.
D. Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides, and volatile organid compounds must be
obtained using grab sample collection techniques.
E. Sampling and testing shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136 and amendments
thereto. The sampling methods performed shall include at a
minimum procedures for sample chain of custody, preservation
techniques, and holding times.
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6.13 Timing
• 4082
Written reports will be deemed to have been submitted on the
date they are received by the Manager.
6.14 Record Keeping
Users subject to the reporting requirements of this
Ordinance shall retain, and make available for inspection and
copying, all records of information obtained pursuant to any
monitoring activities required by this Ordinance and any
additional records of information obtained pursuant to monitoring
activities undertaken by the User independent of such
requirements. Records shall include the date, exact place,
method, and time of sampling, and the name of the person(s)
taking the samples; the dates analyses were performed; who
performed the analyses; the analytical techniques or methods
used; and the results of such analyses. These records shall
remain available for a period of at least three (3) years. This
period shall be automatically extended for the duration of any
litigation concerning the User or the City, or where the User has
been specifically notified of a longer retention period by the
Manager.
SECTION 7 - POWER AND AUTHORITY OF INSPECTORS
7.1 Right of Entry: Inspection and Sampling
The Manager shall have the right to enter the premises of
any User to determine whether the User is complying with all
requirements of this Ordinance and any wastewater discharge
permit or order issued hereunder. Users shall allow the Manager
ready access to all parts of the premises for the purposes of
inspection, sampling, records examination and copying, and the
performance of any additional duties. The Manager shall conduct
inspection and sampling tasks at a minimum of once a year for
every User.
A. Where a User has security measures in force which require
proper identification and clearance before entry into its
premises, the User shall make necessary arrangements with
its security guards so that, upon presentation of suitable
identification, the Manager will be permitted to enter
without delay for the purposes of performing specific
responsibilities.
B. The Manager shall have the right to set up on the User's
property, or require installation of, such devices as are
Page 39 of 57
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018.3
necessary to conduct sampling and /or metering of the User's
operations.
C. The Manager may require the User to install monitoring
equipment as necessary. The facility's sampling and
monitoring equipment shall be maintained at all times in a
safe and proper operating condition by the User at its own
expense. All devices used to measure wastewater flow and
quality shall be calibrated at least annually to ensure
their accuracy.
D. Any temporary or permanent obstruction to safe and easy
access to the facility to be inspected or sampled shall be
promptly removed by the User at the written or verbal
request of the Manager and shall not be replaced. The costs
of clearing such access shall be born by the User.
E. Unreasonable delays and /or refusals in allowing the Manager
access to the User's premises for the purpose of making an
inspection authorized by this section shall be a violation
of this Ordinance.
F. 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:
(1) 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.
(2) The proposed rules and regulations shall be available
for public inspection and reproduction at the office of
the Manager of Little Rock Wastewater Utility for
thirty (30) days following the first publication of the
public notice.
(3) 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) clay public review period.
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(4) Said rules and regulations shall become effective on
the filing of said copy for permanent record with the
City Clerk.
7.2 Search Warrants
If the Manager has been refused access to a building,
structure, or property, or any part thereof, and if the Manager
is able to demonstrate probable cause to believe that there may
be a violation of this ordinance, or that there is a need to
inspect and /or sample as part of a routine inspection and
sampling program of the Utility designed to verify compliance
with this Ordinance or any permit or order issued hereunder, or
to protect the overall public health, safety and welfare of the
community, then upon application and affidavit by the Little Rock
Sanitary Sewer Committee by its attorney, the appropriate
Municipal Court Judge of the City of Little Rock, Arkansas, may
issue a search and /or seizure warrant describing therein the
specific location subject to the warrant. The warrant shall
specify what, if anything, may be searched and /or seized on the
property described. Such warrant shall be served at reasonable
hours by the Manager or the Little Rock Sanitary Sewer Committee
attorney in the company of a uniformed police officer of the City
of Little Rock, Arkansas. In the event of an emergency affecting
public health and safety, inspections shall be made without the
issuance of a warrant.
SECTION 8 - CONFIDENTIAL INFORMATION
Information and data on a User obtained from reports,
surveys, wastewater discharge permit applications, wastewater
discharge permits, and monitoring programs, and from the Managers
inspection and sampling activities, shall be available to. the
public without restriction, unless the User specifically
requests, and is able to demonstrate to the satisfaction of the
Manager, that the release of such information would divulge
information, processes, or methods of production entitled to
protection as trade secrets under applicable State law. Any such
request must be asserted at the time of submission of the
information or data. When requested and demonstrated by the User
furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade
secrets, secret processes, or proprietary information shall not
be made available for inspection by the public, but shall be made
available immediately upon request to governmental agencies for
uses related to the NPDES program or pretreatment program, and in
enforcement proceedings involving the person furnishing the
report subject to the provisions of the Arkansas Freedom of
Information Act, A.C.A. § 25 -19 -101 et seq. Wastewater
constituents and characteristics and other effluent data" as
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defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without
restriction.
SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NON - COMPLIANCE
The Manager shall publish annually, in the largest daily
newspaper published in the City of Little Rock, a list of the
Users which, during the previous twelve (12) months, were in
significant non - compliance with applicable pretreatment standards
and requirements. The term significant non - compliance shall
mean:
A. Chronic violations of wastewater discharge limits, defined
here as those in which sixty -six percent (66 %) or more of
wastewater measurements taken during a six (6) month period
exceed the daily maximum limit or average limit for the same
pollutant parameter by any amount;
B. Technical Review Criteria (TRC) violations, defined here as
those in which thirty -three percent (33 %) or more of
wastewater measurements taken for each pollutant parameter
during a six (6) month period equals or exceeds the product
of the daily maximum limit or the average limit multiplied
by the applicable criteria (1.4 for BOD, TSS, oil and
grease, and 1.2 for all other pollutants except pH);
C. Any other discharge violation that the Manager believes has
caused, alone or in combination with other discharges,
interference or pass through, including endangering the
health of POTW personnel or the general public;
D. Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment, or has
resulted in the Manager's. exercise of its emergency
authority to halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled
date, a compliance schedule milestone contained in a
wastewater discharge permit or enforcement order for
starting construction, completing construction, or attaining
final compliance;
F. Failure to provide within thirty (30) days after the due
date, any required reports, including baseline monitoring
reports, reports on compliance with categorical pretreatment
standard deadlines, periodic self- monitoring reports,
monthly self - monitoring reports, and reports on compliance
with compliance schedules;
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G. Failure to accurately report non - compliance; or
H. Any other violation (s) which the Manager determines will
adversely affect the operation or implementation of the
local pretreatment program.
SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Non - compliance Incident
Whenever the Manager or his designated agent finds that any
User has violated or is violating this Ordinance, a wastewater
discharge permit or order issued hereunder, or any other
requirement, the Manager or his agent may notify the User of non-
compliance. This notification may be oral or written. Within
thirty (30) days of the receipt of the notice of non- compliance
incident, the User must notify the Utility of the reason for the
non - compliance and the steps taken to prevent any recurrence.
Submission of this information in no way relieves the User of
liability for any violation occurring before or after receipt of
the notice of the non - compliance incident. Nothing in this
section shall limit the authority of the Utility to take any
action, including emergency actions or any other enforcement
action, without first issuing a notice of a non- compliance
incident.
10.2 Notice of Violation
When the Manager finds that a User has violated, or
continues to violate, any provision of this Ordinance, a
wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, the Manager shall
serve upon that User a written Notice of Violation. Within
thirty (30) days of the receipt of this notice, an explanation of
the violation and a plan for the satisfactory correction and
prevention thereof, to include specific required actions, shall
be submitted by the User to the Manager. Submission of this plan
in no way relieves the User of liability for any violations
occurring before or after receipt of the Notice of Violation.
Nothing in this section shall limit the authority of the Manager
to take any action, including emergency actions or any other
enforcement action, without first issuing a Notice of Violation.
10.3 Consent Orders
The Manager is authorized to enter into consent orders,
assurances of voluntary compliance, or other similar documents
establishing an agreement with any User responsible for non-
compliance. Such orders, assurances, or other similar documents
will include specific action to be taken by the User to correct
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087
the non - compliance within a time period specified by the
document. Such order, assurances, or other similar documents
shall have the same force and effect as the administrative orders
issued pursuant to Sections 10.4 and 10.5 of this ordinance and
shall be judicially enforceable.
10.4 Show Cause Hearing
A. The Manager may order any User which causes or contributes
to violation(s) of this Ordinance, wastewater discharge
permits, or orders issued hereunder, or any other
pretreatment standard or requirement, to appear before the
Sewer Committee and show cause why a proposed enforcement
action should not be taken. Notice shall be served on the
User specifying the time and place for the hearing, the
proposed enforcement action, the reasons for such action,
and a request that the User show cause why this proposed
enforcement action should not be taken. The notice of the
meeting shall be served personally or certified mail (return
receipt requested) at least ten (10) days prior to the
hearing. Such notice may be served on any authorized
representative of the User. Whether or not the User appears
as ordered, immediate enforcement action may be pursued
following the hearing date. A show cause hearing shall not
be a prerequisite for taking any other enforcement action.
B. The Sewer Committee may itself conduct the show cause
hearing and take the evidence or the Sewer Committee or its
Chairman may designate the Manager to:
(1) Issue in the name of the Sewer Committee notices of
hearings requiring attendance, testimony of witnesses
and the production of evidence relevant to any matter
involved in such hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing,
including transcripts and other evidence together with
recommendations to the Sewer Committee for action
thereon.
C. At any hearing held pursuant to this Ordinance, any
testimony taken must be under oath and be recorded by
cassette tape. Any party desiring stenographic recording
may provide the same at its own expense. A copy of a
cassette tape or of the stenographic recorded transcript .
will be made available to any member of the public or any
party to the hearing upon payment of the usual charges
thereof (such as postage, printing, copying expense, etc.).
Any decision made as a consequence of any hearing held
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pursuant to this Ordinance shall be subject to review by
appeal to t:he Circuit Court of Pulaski County, in accordance
with the law of Arkansas.
D. Following the show cause hearing, the hearing officer, if
other than the Sewer Committee, shall within ten (10) days
after the hearing submit his findings and recommendations to
the members of the Sewer Committee. Following receipt of
the recommendations, the Sewer Committee shall consider the
findings and recommendations at its next regularly scheduled
meeting or at any special meeting called for that purpose at
which meeting the Sewer Committee shall take such action as
it deems necessary. Within fifteen (15) days after
consideration of the matter, the Sewer Committee shall have
served on all parties the action recommended. If the Sewer
Committee finds that legal action should be brought against
the User for the violation(s), the Sewer Committee may
institute such action to seek such civil and /or equitable
relief including but not limited to injunctive relief, as
may be appropriate; provided, however, that no suit to
collect civil or criminal penalties may be initiated until
after such time that a resolution authorizing such suit is
duly adopted by the Sewer Committee pursuant to A.C.A. § 8-
4 -103 (g) (1) & (2) .
Additionally, the Sewer Committee, through the Manager, may
issue to any User in violation, notice that following a specified
period of time, the sewer service will be discontinued unless its
pretreatment facility shall have installed adequate devices or
other related appurtenances are properly operated. Other orders
and directives as necessary and appropriate may be issued.
An order directing the cessation of sewer service shall not
preclude legal or equitable
action as the Sewer Committee may deem appropriate under the
circumstances.
10.5 Compliance Orders and Schedules
When the Manager finds that a User has violated, or
continues to violate, any provision of this Ordinance, a
wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, the Manager may issue
an order or schedule to the User responsible for the discharge
directing that the User come into compliance within a specified
time. If the User does not come into compliance within the time
provided, sewer service may be discontinued subject to notice and
right to a hearing as provided herein unless adequate treatment
facilities, devices, or other related appurtenances are installed
and properly operated. Compliance orders also may contain other
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0i 89
requirements to address the non - -compliance, :including additional
self - monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order
may not extend the deadline for compliance established for a
pretreatment standard or requirement, nor does a compliance order
relieve the User of liability for any violation, including any
continuing violation. Issuance of a compliance order shall not
be a bar against, or a prerequisite for, taking any other action
against the User.
10.6 Cease and Desist Orders
When the Manager finds that a User has violated, or
continues to violate, any provision of this ordinance, a
wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, or that the User's
past violations are likely to recur, the Manager may issue an
order to the User directing it to cease and desist all such
violations and directing the User to:
A. Immediately comply with all requirements; and,
B. Take such appropriate remedial or preventive action as may
be needed to properly address a continuing or threatened
violation, including halting operations and /or terminating
the discharge.
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the User.
10.7 Administrative Fines
A. When the Manager finds that a User has violated, or
continues to violate, any provision of this ordinance,, a
wastewater discharge permit or order issued hereunder, or
any other pretreatment standard or requirement, the Manager
may fine such User in an amount not to exceed $1,000.00.
Such fines shall be assessed on a per violation basis. In
the case of monthly or other long term average discharge
limits, fines shall be assessed for each day during the
period of violation. Each day of a continuing violation
shall be deemed a separate violation. ,
B. Users desiring to dispute such fines must file a written
request for the Manager to reconsider the fine along with
full payment of the fine amount within ten (10) days of
being notified of the fine. _Where a request has merit, the
Manager may convene a hearing on the matter. In the event
the User's request is granted, the payment shall be returned
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. 0190
to the User. Collection of a fine can only be effected in a
court of competent jurisdiction.
C. Issuance or pursuit of an administrative fine shall not be a
bar against, or a prerequisite for, taking any other_ action
against the User, and in no event snall legal proceedings be
initiated to collect said fine or penalty without a
resolution of the Sewer Committee authorizing such court
action.
10.8 Emergency Suspensions
The Manager may immediately suspend a User's discharge,
after notice to the User and a hearing within five (5) days of
the suspension, whenever such suspension is necessary to stop an
actual or threatened discharge which reasonably appears to
present or cause an imminent or substantial endangerment to the
health or welfare of persons. The Manager may also immediately
suspend a User's discharge, after notice and opportunity to
.respond, that threatens to interfere with the operation of the
POTW, or which presents, or may present, an endangerment to the
environment.
A. Any User notified of a suspension of its discharge shall
immediately stop or eliminate its contribution. In the
event of a User's failure to immediately comply voluntarily
with the suspension order, the Manager may take such steps
as deemed necessary, including immediate severance of the
sewer connection, to prevent or minimize damage to the POTW,
its receiving stream, or endangerment to any individuals.
The Manager may allow the User to recommence its discharge
when the User has demonstrated to the satisfaction of the
Manager that the period of endangerment has passed, unless
the termination proceedings in Section 10.8 of this
Ordinance are initiated against the User.
B. A User who is responsible, in whole or in part, for any
discharge presenting imminent endangerment shall submit a
detailed written statement, describing the causes of the
harmful contribution and the measures taken to prevent any
future occurrence, to the Manager prior to the date of any
show cause or termination hearing under Sections 10.8 or
10.9 of this ordinance.
Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
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• 4691
10.9 Termination of Discharge
In addition to the provisions in Section 5.5 of this
ordinance, any User who violates the following conditions of this
Ordinance, wastewater discharge permits, or orders issued
pursuant to any provision of this Ordinance may be subject to
discharge permit termination:
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and
characteristics of its discharge;
C. Failure to report significant changes in operations or
wastewater volume, constituents, and characteristics prior
to discharge;
D. Refusal of reasonable access to the User's premises for the
purpose of inspection, monitoring, or sampling; or
E. Violation of the pretreatment standards in Section 2 of this
ordinance. Such User will be notified of the proposed
termination of its discharge and be offered an opportunity
to show cause under Section 10.4 of this ordinance why the
proposed action should not be taken. Exercise of this
option by the Manager shall not be a bar to, or a
prerequisite for, taking any other action against. the User.
SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES
11.1 Injunctive Relief
When the Manager finds that a User has violated, or
continues to violate, any provision of this Ordinance, a
wastewater discharge permit, or order issued hereunder, or any
other pretreatment standard or requirement, the Sewer Committee
may commence proceedings for the issuance of a temporary or
permanent injunction, as appropriate, which restrains or compels
the specific performance of the wastewater discharge permit,
order, or other requirement imposed by this ordinance on
activities of the User. The Sewer Committee may also seek such
other action as is appropriate for legal and/or equitable relief,
including a requirement for the User to conduct environmental
remed.iation. A complaint for injunctive relief shall not be a
bar against, or a prerequisite for, taking any other action
against a User.
Page 48 of 57
11.2 Civil Penalties
A. A User who has violated, or continues to violate, any
provision of this ordinance, a wastewater discharge permit,
or order issued hereunder, or any other pretreatment
standard or requirement shall be liable to the Utility for a
maximum civil penalty of $1,000.00 per violation. In the
case of a monthly or other long -term average discharge
limit, penalties shall accrue for each day during the period
of the violation; and, each day of a continuing violation
may be deemed a separate violation.
B. The Manager may recover all costs recoverable under the law
of Arkansas, and other expenses associated with enforcement
activities, including sampling and monitoring expenses, and
the cost of any actual damages incurred by the Utility.
C. In determining the amount of civil liability, a Court of
competent jurisdiction may take into account all relevant
circumstances, including, but not limited to, the extent of
harm caused by the violation, the magnitude and duration of
the violation, any economic benefit gained through the
User's violation, corrective actions by the User, the
compliance history of the User, and any other factor as
justice requires.
D. Filing a suit for civil or criminal penalties shall not be a
bar against, or a prerequisite for., taking any other action
against a User, provided, that no such suit to collect civil
or criminal penalties shall be commenced -without a
resolution of the Sewer Committee authorizing such court
action.
(1) For Users with properties located within the corporate
limits of the City of Little Rock, no suit to collect
civil or criminal penalties or fines may be initiated
until after such time that a resolution authorizing the
suit is duly adopted by the Sewer Committee, as the
governing body pursuant to Ark. Code Ann § 8 -4 -103.
(2) For Users with properties located outside the corporate
limits of the City of Little Rock, the Board of
Directors of the City of Little Rock hereby delegates
authority to the Sewer Committee to be the governing
body to authorize, by resolution, legal. actions to
collect civil or criminal penalties or fines.
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M = M = M
0 • • .s3,
11.3 Criminal Prosecution
A. A User who willfully or negligently violates any provision
of this Ordinance, a wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or
requirement shall, upon conviction, be guilty of a
misdemeanor, punishable by a fine of not more than $1,000.00
per violation or imprisonment for such term as allowed by
law or both; provided that no criminal prosecution may be
commenced without a prior resolution of the Sewer Committee
authorizing such prosecution.
B. A User who willfully or negligently introduces any substance
into the POTW which causes personal injury or property
damage shall, upon conviction, be guilty of a misdemeanor
and be subject to a penalty of at least one hundred dollars
($100.00) but not more than five hundred dollars ($500.00)
for any one (1) specified offense or violation thereof, and
not less than one hundred dollars ($100.00) but not more
than one thousand dollars ($7.,000.00) for each repetition of
such event or violation, or be subject to imprisonment for
such term as allowed by law, or both. This penalty shall be
in addition to any other cause of action for personal injury
or property damage available under State law..
C. A User who knowingly makes any false statements,
representations, or certifications in any application,
record, report, plan, or other documentation filed, or
required to be maintained, pursuant to this ordinance,
wastewater discharge permit, or order issued hereunder, or
who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this
ordinance shall, upon conviction, be punished by a fine of
at least one hundred dollars ($100.00) but not more than
five hundred dollars ($500.00) for any one (1) specified
offense or violation thereof, and not less than one hundred
dollars ($100.00) but not more than one thousand dollars
($1,000.00) for each repetition of such event or violation,
or be subject to imprisonment for such term as allowed by
law, or both. This penalty shall be in addition to any
other cause of action for personal injury or property damage
available under State law.
11.4 Remedies Nonexclusive
The remedies provided for in this ordinance are not
exclusive. The Manager may take any, all, or any combination of
these actions against a non- compliant User. Enforcement of
pretreatment violations will generally be in accordance with the
Utility's enforcement response plan. However, the Manager may
Page 50 of 57
take other action against
warrant. Further, the Manager
enforcement action against any
• 494
my User when the circumstances
is empowered to take more than one
non - compliant User.
SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTION
12.1 Performance Bonds
The Manager may decline to issue or reissue a wastewater
discharge permit to any User who has failed to comply with any
provision of this ordinance, a previous wastewater discharge
permit, or order issued hereunder, or any other pretreatment
standard or requirement, unless such User first files a
satisfactory bond, payable to the Sewer Committee, in a sum not
to exceed a value determined by the Manager to be necessary to
achieve consistent compliance.
12.2 Liability Insurance
The Manager may decline to issue or reissue a wastewater
discharge permit to any User who has failed to comply with any
provision of this ordinance, a previous wastewater discharge
permit, or order issued hereunder, or any other pretreatment
standard or requirement, unless the User first submits proof that
it has obtained financial assurances sufficient to restore or
repair damage to the POTW caused by its discharge.
12.3 Public Nuisances
A violation of any provision of this ordinance, a wastewater
discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement is hereby declared a public
nuisance and shall be corrected or abated as directed by the
Manager. Any person(s) creating a public nuisance shall be
subject to the provisions of the City Code for the City of Little
Rock governing such nuisances, including reimbursing the City
and /or the Sewer Committee for any costs incurred in removing,
abating, or remedying said nuisance.
SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.1 Upset
A. For the purposes of this section, "upset" means an
exceptional incident in which there is unintentional and
temporary non- compliance with categorical pretreatment
standards because of forces beyond the reasonable control of
the User. An upset does not include non - compliance to the
extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack
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• 095
of preventive maintenance, or careless or improper
operation.
B. An upset shall constitute an affirmative defense to an
action brought for non - compliance with categorical
pretreatment standards if the requirements of paragraph (C),
below, are met.
C. A User who wishes to establish the affirmative defense of
upset shall demonstrate, through properly signed,
contemporaneous operating logs, or other relevant evidence
that:
(1) An upset occurred and the User can identify the
cause(s) of the upset;
(2) The facility was at the time being operated in a
prudent and workman -like manner and in compliance with
applicable operation and maintenance procedures; and
(3) The User has submitted the following information to the
Manager within twenty -four (24) hours of becoming aware
of the upset. If this information is provided orally,
a written submission must be provided within five (5)
days:
(a) A description of the indirect discharge and cause
of non - compliance;
(b) The period of non- compliance, including exact
dates and times or, if not corrected, the anticipated
time the non - compliance is expected to continue; and
(c) Steps being taken and /or planned to reduce,
eliminate, and prevent recurrence of the non-
compliance.
D. In any enforcement proceeding, the User seeking to establish
the occurrence of an upset shall have the burden of proof.
E. Users will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought
for non - compliance with categorical pretreatment standards.
F. Users shall control production of all discharges to the
extent necessary to maintain compliance with categorical
pretreatment standards upon reduction, loss, or failure of
its treatment facility until the facility is restored or an
alternative method of treatment is provided. This
requirement applies in the situation where, among other
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• • • 0196
things, the primary source of power of the treatment
facility is reduced, lost, or fails.
13.2 Prohibited Discharge Standards
A User shall have an affirmative defense to an enforcement
action brought against it for non - compliance with the general
prohibitions in Section 2.1(A) of this ordinance or the specific
prohibitions in Sections 2.1(B)(3) through (17) of this Ordinance
if it can prove that it did not '.know, or have reason to know,
that its discharge, alone or in conjunction with discharges from
other sources, would cause pass through or interference and that
either:
A. A local limit exists for each pollutant discharged and the
User was in compliance with each limit directly prior to,
and during, the pass through or interference; or
B. No local limit exists, but the discharge did not change
substantially in nature or constituents from the User's
prior discharge when the Utility was regularly in compliance
with its NPDES permit, and in the case of interference, was
in compliance with applicable sludge use or disposal
requirements.
13.3 Bypass
A. For the purposes of this section,
(1) "Bypass" means the intentional diversion of
wastestreams from any portion of a User's treatment
facility.
(2) "Severe property damage" means substantial physical
damage to property, damage to the treatment facilities
which causes them to become inoperable, or substantial
and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic
loss caused by delays in production.
B. A User may allow any bypass to occur which does not cause
pretreatment standards or requirements to be violated, but
only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the
provision of paragraphs (C) and (D) of this section.
C. (1) If a User knows in advance of the need for a bypass, it
shall submit prior notice to the Manager at least ten
(10) days before the date of the bypass, if possible.
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• *97
(2) A User shall submit oral notice to the Manager of an
unanticipated bypass that exceeds applicable
pretreatment standards within twenty -four (24) hours
from the time it becomes aware of the bypass. A
written submission shall also be provided within five
(5) days of the time the User becomes aware of the
bypass. The written submission shall contain a
description of the bypass and its cause; the duration
of the bypass, including exact dates and times, and, if
the bypass has not been corrected, the anticipated time
it is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the
bypass. The Manager may waive the written report on a
case -by -case basis if the oral report has been received
within twenty -four (24) hours.
D. (1) Bypass is prohibited, and the Manager may take an
enforcement action against a User for a bypass, unless
(a) Bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage;
(b) There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities,
retention of untreated wastes, or maintenance during
normal periods of equipment downtime. This condition
is not satisfied if adequate back -up equipment should
have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred
during normal periods of equipment downtime or
preventive maintenance; and
(c) The User submitted notices as required under
paragraph (C) of this section.
(2) The Manager may approve an anticipated bypass, after
considering its adverse effects, if the Manager
determines that it will meet the three conditions
listed in paragraph (D)(1) of this section.
SECTION 14 - EXTRA STRENGTH SURCHARGE RATES ,
14.1 General
The Manager may at any time collect appropriate samples from
any Industrial or Commercial User's discharge and conduct
analyses to determine the concentrations of BOD, TSS, and Oil and
Grease (O &G).. If the sampling and analyses performed by the
Manager or his designated assistant indicates concentrations of
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498
BOD, TSS, and O &G exceeding the limits set forth in 14.2 below,
he shall compute an extra strength surcharge as set by the
existing Sewer Rate Ordinance, and the owner shall be liable for
payment of the amount thereof. The collection of an extra
strength 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
applicable law of the State of Arkansas, as amended and upon
default in such payment, the Utility shall be entitled to those
remedies set forth in said statute.
14.2 Computations
The extra strength surcharge shall be calculated in
accordance with the provisions of the applicable rate ordinance
(the same being incorporated by reference) using the following
limits and calculations:
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
SURCHARGE = [(BODx- 300 mg /L) (8.34)
(V) (A)] +
[ (TSSx - 300 mg /L) (8.34)
(V) (B)] +
[(O &Gx- 100 mg /L) (8.34)
(V) (C)]
Where:
BODx
= concentration of BOD in
mg /L
TSSx
= concentration of TSS in
mg /L
O &Gx
= concentration of O &G in
mg /L
8.34
= weight of one gallon of
water, pounds
V
= flow in million gallons
per month
A
= unit charge for BOD
B
= unit charge for TSS
C
= unit charge for O &G
SECTION 15 - MISCELLANEOUS PROVISIONS
15.1 Pretreatment Charges and Fees
The Manager may adopt fees for reimbursement of costs of
setting up and operating the Utility's Pretreatment Program which
may include, but is not limited to the following:
A. Fees for wastewater discharge permit applications including
the cost of processing such applications;
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IRIF -> vIts p ° P
199
B. Fees for monitoring, inspection, and surveillance procedures
including the cost of sample collection and analyzing a
User's discharge, and reviewing monitoring reports submitted
by Users;
C. Fees for reviewing and responding to accidental discharge,
including reasonable costs incurred for labor, materi-als,
and proper disposal of incompatible wastes not subject to
treatment by the POTW Treatment Plant;
D. Fees for reviewing written requests for discharge of special
wastes;
E. Fees for filing appeals; and
F. Other fees as the Manager may deem necessary to carry out
the requirements contained herein. These fees relate solely
to the matters covered by this ordinance and are separate
from all other fees, fines, and penalties chargeable by the
City.
SECTION 16 - SEVERABILITY
The provisions of this Ordinance are severable, and if any
provision, paragraph, word, section, or article of this Ordinance
is invalidated by any court of competent jurisdiction, it shall
not affect the remainder of this Ordinance and the remai.ninq
provisions, paragraphs, words, sections, and artic.i.es shall not
be affected and shall continue in full force and effect.
SECTION 17 - REPEAL OF PRIOR ORDINANCE
All Ordinances and ,parts of ordinances inconsistent or
conflicting with any part of this Ordinance are hereby repealed
to the extent of such inconsistency or conflict, including
Articles VI, VII, VIII, and IX of Ordinance No. 15,344 passed on
September 1, 1987.
SECTION 18 - AUTHORITY OF LITTLE ROCK SANITARY SEWER
COMMITTEE,EFFECTIVE DATE, DECLARING AN EMERGENCY
The City Board of Directors of the City of Little Rock has
determined that it is essential that the Little Rock Sanitary
Sewer Committee should have the authority to regulate the use of
public and private sewers in accordance with the provisions
contained in this Ordinance in order to accomplish the purposes
thereof. Therefore, an emergency is hereby declared to exist.,
and this Ordinance, being necessary for the immediate
preservation of the public health, safety, welfare and safety,
Page 56 of 57
X7 v ��
• � � .200
shall be in Null force and effect immediately after its passage
and approval.
PASSED: March 16, 1999
APPROVED:
MAYOR JIM
ATTEST:
CITY CLERK ROBBIE HANCOCK
APPROVED:
'-- fA e- - g-A"
TOM CARPENTER, CITY
EY
PREPARED BY:
Don F. Hamilton, General Counsel
Little Rock Wastewater Utility
221 E. Capitol
Little Rock, AR 72202
Ark. Sup. Ct. #63022
(501) 688 -1403
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