19895ORDINANCE NO. 19,895
AN ORDINANCE TO REGULATE THE DISCHARGE OF INDUSTRIAL
WASTEWATER TO THE PUBLIC SEWER SYSTEM, PROVIDING
PENALTIES FOR VIOLATIONS THEREOF, AND TO COMPLY WITH
REQUIREMENTS OF THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY AND STREAMT.INE AND CLARIFY THE
GENERAL PRETREATMENT REQUIREMENTS FOR EXISTING AND NEW
SOURCES OF POLLUTION AT 40 CFR §403; TO REPEAL
ORDINANCE NO. 17,966; 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, on March 16, 1999, the Board of Directors of the
City of Little Rock, Arkansas, adopted Ordinance No. 17,966,
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;
and,
WHEREAS, it is necessary that certain provisions in
Ordinance No. 17,966 need to be revised in order to make certain
ministerial changes and also substantive changes to comply with
requirements of the United States Environmental Protection Agency
and streamline and clarify provisions of the general pretreatment
regulations for existing and new sources of pollution pursuant to
40 CFR §403; and,
WHEREAS, the Little Rock Sanitary Sewer Committee ( "LRSSC ")
pursuant to its Resolution No. 2007 -19, dated November 21, 2007,
has requested that these changes to Ordinance No. 17,966 be made,
effective on or before December 31, 2007, as required by NPDES
Permit AR 0021866 and the National Pretreatment Program set forth
in 40 CFR §403, and the most expedient way to make these changes
due to the large number thereof is to adopt a new ordinance
replacing and repealing Ordinance No. 17,966, dated March 16,
1999; 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
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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
the City of Little Rock and enable the Little Rock Wastewater 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 ... ..............................7
1.1 Title, Purpose, and Policy
1.2 Administration
1.3 Abbreviations
1.4 Definitions
SECTION 2 GENERAL SEWER USE REQUIREMENTS ....................17
2.1 Prohibited Discharge Standards
2.2 National Categorical Pretreatment Standards
2.3 State Pretreatment Standards
2.4 Local Limits
2.5 Right of Revision
2.6 Dilution
SECTION 3 PRETREATMENT OF WASTEWATER ........................22
3.1 Pretreatment Facilities
3.2 Additional Pretreatment Measures
3.3 Accidental Discharge /Slug Control Plans
3.4 Hauled Wastewater
SECTION 4 WASTEWATER DISCHARGE PERMITS ......................26
4.1 Wastewater Survey
4.2 Permit Requirements
4.3 Permitting: Existing Connections
4.4 Permit: New Connections
4.5 Application Contents
4.6 Application Signatories and Certification
SECTION 5 WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS ......29
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 REPORTING REQUIREMENTS ............................34
6.1 Baseline Monitoring Reports
6.2 Compliance Schedule Progress Reports
6.3 Reports on Compliance with Categorical
Pretreatment Standard Deadline
6.4 Periodic Compliance Reports
6.5 Monthly Self- Monitoring Reports
6.6 Reports of Changed Conditions
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6.7 Reports of Potential Problems
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 ................. 44
7.1 Right of Entry: Inspection and Sampling
7.2 Search Warrants
SECTION 8 CONFIDENTIAL INFORMATION .......................... 46
SECTION 9 PUBLICATION OF USERS IN SIGNIFICANT NON - COMPLIANCE 47
SECTION 10 ADMINISTRATIVE ENFORCEMENT REMEDIES ............... 48
10.1 Non - compliance Incident
10.2 Notification of Violation
10.3 Consent Orders
10.4 Show Cause Hearing
10.5 Compliance Orders and Schedules
10.6 Cease and Desist Orders
10.7 Administrative Fines
10.8 Emergency Suspensions
10.9 Termination of Discharge
SECTION 11 JUDICIAL ENFORCEMENT REMEDIES .....................54
11.1 Injunctive Relief
11.2 Civil Penalties
11.3 Criminal Prosecution
11.4 Remedies Nonexclusive
SECTION 12 SUPPLEMENTAL ENFORCEMENT ACTION ................... 56
12.1 Performance Bonds
12.2 Liability Insurance
12.3 Public Nuisances
12.4 Payment of Outstanding Fees and Penalties
SECTION 13 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS ......57
13.1 Upset
13.2 Prohibited Discharge Standards
13.3 Bypass
SECTION 14 EXTRA STRENGTH SURCHARGE RATES .................... 60
14.1 General
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14.2 Computations
SECTION 15 MISCELLANEOUS PROVISIONS .......................... 61
15.1 Pretreatment Charges and Fees
SECTION 16 SEVERABILITY ....... ............................... 62
SECTION 17 REPEAL OF PRIOR ORDINANCES ........................ 62
SECTION 18 AUTHORITY OF LITTLE ROCK SANITARY SEWER COMMITTEE,
EFFECTIVE DATE, AND DECLARING AN EMERGENCY ........ 62
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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:
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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 Little Rock Wastewater, hereafter LRW, to comply with all
applicable State and Federal laws, including the Clean Water Act
(33 United States Code § 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;
D. To promote re -use and recycling of wastewater and biosolids
from the Publicly Owned Treatment Works;
E. To enable LRW 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 LRW is subject.
F. It is in the best interest of LRW to clarify and update the
provisions of the existing Sewer Use Ordinance (17,966) to
achieve compliance with the Clean Water Act and regulations
pursuant to 40 CFR 403 (General Pretreatment Regulations) as
amended October 14, 2005.
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,
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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 CEO shall
administer, implement, and enforce the provisions of this
Ordinance. Any powers granted to or duties imposed upon the CEO
may be delegated by the CEO to other LRW personnel.
1.3 Abbreviations
The following abbreviations, when used in this Ordinance,
shall have the designated meanings:
BMP
- Best Management Practice
BOD
- Biochemical Oxygen Demand
BTEX
- Benzene, Toluene, Ethylbenzene, Xylene
CFR
- Code of Federal Regulations
CIU
- Categorical Industrial User
COD
- Chemical Oxygen Demand
EPA
- U.S. Environmental Protection Agency
gpd
- gallons per day
IU
- Industrial User
mg /L
- milligrams per liter
NPDES
- National Pollutant Discharge Elimination System
0 &G
- Oil and Grease
POTW
- Publicly Owned Treatment Works
RCRA
- Resource Conservation and Recovery Act
SIC
- Standard Industrial Classification
SIU
- Significant Industrial User
SNC
- Significant Noncompliance
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.
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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 of one or more manufacturing,
production, or operating facilities, provided the
manager is authorized to make management decisions
which govern the operation of the regulated facility
including having the explicit or implicit duty of
making major capital investment recommendations, and
initiate and direct other comprehensive measures to
assure long -term environmental compliance with
environmental laws and regulations; can ensure that the
necessary systems are established or actions taken to
gather complete and accurate information for individual
wastewater discharge permit requirements; and where
authority to sign documents has been assigned or
delegated to the manager 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.
(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.
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E. Batch Discharge. The discharge of wastewater to a POTW on an
intermittent basis.
F. Best Management Practices or BMPs. Means schedules of
activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the
prohibitions listed in Section 2.1 A and B of this
Ordinance[40 CFR 403.5(a)(1) and (b)]. BMPs include
treatment requirements, operating procedures, and practices
to control plant site runoff, spillage or leaks, sludge or
waste disposal, or drainage from raw materials storage. BMPs
also include alternative means (i.e., management plans) of
complying with, or in place of certain established
categorical Pretreatment Standards and effluent limits.
G. 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).
H. BTEX. The sum of the milligram per liter concentrations of
benzene, toluene, ethylbenzene, and xylene.
I. 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.
J. Categorical 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.
K. CEO. The Chief Executive Officer of Little Rock Wastewater,
or his duly authorized deputy, agent or representative.
L. City. The City of Little Rock, Arkansas.
M. 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.
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N. Chemical Oxygen Demand or COD. A measure of the oxygen
required to oxidize all compounds, both organic and
inorganic, in water.
0. Control Authority. Little Rock Wastewater.
P. 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.
Q. 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.
R. Extra Strength Surcharge or Surcharge. The additional
monthly sewer charge assessed to persons discharging
wastewater exceeding the average domestic concentrations for
BOD, COD, 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.
S. Garbage. The solid wastes from the domestic and commercial
preparation, cooking and disposing of food, and from the
handling, storage, and sale of produce.
T. Grab Sample. A sample which is taken from a waste stream
without regard to the flow in the waste stream and over a
period of time not to exceed fifteen (15) minutes.
U. 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.
V. Industrial User or User. A source of indirect discharge.
W. 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
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regulations contained in any State biosolids management plan
prepared pursuant to Subtitle D of the Solid Waste Disposal
Act; the Clean Air Act; the Toxic Substances Control Act;
and the Marine Protection, Research, and Sanctuaries Act.
X. Landfill Leachate. Those waters collected from the under
drainage collection system of a sanitary landfill.
Y. 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,
pharmaceutical medications, and wastes containing
radioactive isotopes.
Z. Maximum Allowable Discharge Limit. The maximum amount of a
pollutant (either in concentration or mass) that is allowed
to be discharged to the POTW
AA. NPDES. The National Pollutant Discharge Elimination System.
BB. New Source.
(1) Any building, structure,
which there is (or may
the construction of
publication of propose(
Section 307(c) of the A(
such source if suc.
promulgated in accordan
that:
facility, or installation from
be) a discharge of pollutants,
which commenced after the
pretreatment standards under
:t which will be applicable to
i standards are thereafter
;e with that section, provided
(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.
CC. 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.
DD. Non - significant Industrial User. Any industrial or
commercial facility with pollutant levels above domestic
background.
EE. 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
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chlorophyll) and not volatilized during the test. At the
discretion of the CEO, the Oil and Grease test may be
determined by the latest approved listing in 40 Code of
Federal Regulation, Part 136.
FF. 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.
GG. 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.
HH. pH. A measure of the hydrogen -ion concentration in a
solution, expressed in standard units 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).
II. 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 &
grease, heavy metals, toxicity, or odor).
JJ. POTW Treatment Plant. That portion of the publicly owned
treatment works (POTW) designed to provide treatment to
wastewater.
KK. 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
pollutants unless allowed by an applicable pretreatment
standard.
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LL. Pretreatment Program. LRW'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. 6: Regulations
for State Administration of the National Pollutant Discharge
Elimination System.
MM. Pretreatment Requirement. Any substantive or procedural
requirement related to Pretreatment, other than a National
Pretreatment Standard, imposed on an Industrial User.
NN. Pretreatment Standards or Standards. Pretreatment standards
shall mean prohibited discharge standards, categorical
pretreatment standards, and local limits.
00. Prohibited Discharge Standards or Prohibited Discharges.
Absolute prohibitions against the discharge of certain
substances; these prohibitions appear in Section 2.1 of this
Ordinance.
PP. Publicly Owned Treatment Works or POTW. A "treatment works,"
as defined by Section 212 of the Act (33 U.S.C. §1292) 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.
QQ. Sampling /Inspection Manhole. An approved access point to a
building sewer which is used for the purpose of collecting a
wastewater sample.
RR. Sanitary Sewer. A sewer in which sewage is carried, and to
which storm, surface, and ground water are not intentionally
admitted.
SS. Secure Sample Point. Any access point to a building sewer
which is used for the purpose of collecting a wastewater
sample where LRW is required to maintain custody of the
sample and can be secured via approved structure by LRW.
TT. Septic Tank Waste. Any domestic sewage from holding tanks
such as vessels, campers, trailers, and septic tanks.
UU. Sewage. The spent or used water of a community or industry
containing dissolved and suspended matter.
VV. Sewer. A pipe or conduit for carrying sewage.
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WW. Sewer Committee. The City of Little Rock Sanitary Sewer
Committee of Little Rock Wastewater.
XX. Shall is mandatory; May is permissive.
YY. 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 waste stream 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 CEO on the basis that
it has a reasonable potential for adversely affecting
the POTW's operation or for violating any pretreatment
standard or requirement.
ZZ. Slug Load or Slug Discharge. 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. A slug discharge is any discharge of a non -
routine, episodic nature, included but not limited to an
accidental spill or a non - customary batch discharge, which
has a reasonable potential to cause interference or pass
through, or in any way violate the POTW's regulations, local
limits or permit conditions.
AAA. 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.
BBB. State. The State of Arkansas.
CCC. Storm Water. Any flow occurring during or following any form
of natural precipitation, and resulting from such
precipitation, including snow melt.
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DDD. 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.
EEE. 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.
FFF. 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.
GGG. User or Industrial User. A source of indirect discharge.
HHH. 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
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a fire or explosion hazard or be injurious in any other
way to the POTW or the operation of the POTW. Such
materials include, but are not limited to, gasoline,
diesel, benzene, naphtha, fuel oils, kerosene, toluene,
xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides,
hydrides, or sulfides, or any waste stream 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 not limited to,
commercial food service oil and grease, 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 LRW. Any refusal to pay the additional
maintenance expense duly authorized by the CEO 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
Page 18 of 63
in no case any such waters or wastes which will cause
the POTW influent or pumping station wetwell
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 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;
Page 19 of 63
(13) Sludges, screenings, or other residues from the
pretreatment of industrial wastes;
(14) Medical wastes, no discharge of "any pharmaceutical
medications, prescription or 'over the counter', unused
or expired;
(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 200 of the Lower Explosive
Limit of the meter.
(18) Hauled or trucked liquid wastes, except at the specific
discharge point(s) designated by LRW.
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 Local 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 CEO may impose equivalent
concentration or mass limits in accordance with 40 CFR
403.6(c).
B. When the limits in a categorical Pretreatment Standard are
expressed only in terms of mass of pollutant per unit of
production, the CEO may convert the limits to equivalent
limitations expressed either as mass of pollutant discharged
per day or effluent concentration for purposes of
calculating effluent limitations applicable to individual
Industrial Users. In accordance with 40 CFR 403.6(c) (2).
Page 20 of 63
C. When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same
standard, the CEO shall impose an alternate limit using the
combined waste stream 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
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 CEO of Little Rock Wastewater and approved by the
Arkansas Department of Environmental Quality and the Little Rock
Sanitary Sewer Committee.
LRW will develop and assign specific discharge permit
limitations, or Best Management Practice (BMP), when deemed
appropriate by the CEO, for pollutants for permitted Users based
on criteria approved by the CEO. The specific permit limits or
BMP 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 process discharge
from the Industrial Users. In developing specific permit limits,
the CEO may impose mass limitations in addition to, or in place
of, specific concentration -based limits. In addition, LRW may
develop specific discharge limitations, or BMP for any other
toxic pollutants which the CEO of LRW 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.
The CEO may develop Best Management Practices (BMPs), by
Ordinance or in individual wastewater discharge permits or
general permits, to implement Local Limits and the requirements
of Section 2.1.
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2.5 Right of Revision
LRW shall at all times have the
Ordinance or in individual wastewater
stringent standards or requirements on
consistent with the purpose of this
specified in this Ordinance or the
Limits Document ".
2.6 Dilution
right to establish, by
discharge permits, more
discharges to the POTW,
Ordinance, than may be
'Technically Based Local
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 CEO may impose mass
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 CEO,
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 CEO for review,
and shall be acceptable to the CEO 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 LRW 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 CEO, 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
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public nuisance, the CEO 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 CEO 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
CEO 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 CEO may require Users to
restrict their discharge during peak flow periods, designate
that certain wastewater be discharged only into specific
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 CEO 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 CEO, 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 CEO 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 CEO, the owner of any property serviced
by a building sewer carrying industrial waste shall provide
Page 23 of 63
a secure sample point or sampling/ inspection manhole which
is constructed in accordance with the latest revision of the
Little Rock Wastewater Specification Requirements for
Sanitary Sewers. The secure sample point or
sampling /inspection manhole shall be safely located and
accessible to duly authorized employees and /or
representatives of LRW at all times. When deemed necessary
by the CEO, the secure sample point or sampling /inspection
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
sampling /inspection manhole shall be borne by the owner. Any
construction and /or alteration of a secure sample point or
sampling /inspection manhole shall be approved by the CEO
before any construction has begun.
Any secure sample point or sampling /inspection 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 CEO to ensure continued and
uninterrupted access to the secure sample point or
sampling /inspection manhole by LRW personnel.
G. Whenever deemed necessary, the CEO 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
The CEO shall evaluate whether each Significant Industrial
User needs an accidental discharge /slug control plan or other
action to control slug discharges. The CEO may require any User
to develop, submit for approval, and implement such a plan or
take such other action that may be necessary to control slug
discharges. Alternatively, the CEO may develop such a plan for
any User. An accidental discharge /slug control plan shall
address, at a minimum, the following:
a
C.
Description of discharge practices, including non - routine
batch discharges;
Description of stored chemicals;
Procedures for immediately notifying the CEO of any
accidental or slug discharge, as required by Section 6.7 of
this Ordinance; and
Page 24 of 63
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
CEO, and at such times as are established by the CEO. Such
waste shall not violate Section 2 of this Ordinance or any
other requirements established by the CEO. The CEO 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 CEO. 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 current policies on the acceptance of landfill
leachate and BTEX.
The CEO may require haulers of industrial waste to obtain
individual or general wastewater discharge permits. The CEO
also may prohibit the disposal of hauled industrial waste.
The discharge of hauled industrial waste is subject to all
other requirements of this Ordinance.
Industrial waste haulers may discharge loads only at
locations designated by the CEO. No load may be discharged
without prior consent of the CEO. The CEO may collect
samples of each hauled load to ensure compliance with
applicable Standards. The CEO may require the industrial
waste hauler to provide a waste analysis of any load prior
to discharge.
C. The CEO shall require all haulers of liquid wastes
discharged into the POTW to use the LRW 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.
Page 25 of 63
D. Waste Haulers of waste materials removed from grease
interceptors, solids traps or other such devices shall not,
at any time, discharge any material retained by such devices
back into the sanitary sewer collection system.
SECTION 4 - WASTEWATER DISCHARGE PERMITS
4.1 Wastewater Survey
When requested by the CEO, 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 CEO 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 sha11
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 user with
processes 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 or General Control
Permit may be issued to any non - significant industrial or
commercial customer when it is deemed necessary by the CEO.
All Industrial Wastewater Discharge Permits issued by the
CEO to Industrial Users or dischargers will have a specific
Discharge Permit Number corresponding to the type of permit
issued, e.g., C -04, S -32, N -15.
No Significant Industrial User shall discharge wastewater
into the POTW without first obtaining an individual
wastewater discharge permit from the CEO, except that a
Significant Industrial User that has filed a timely
application pursuant to Section 4.3 of this Ordinance may
continue to discharge for the time period specified therein.
B. The CEO 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
Page 26 of 63
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 LRW and required
by the CEO to obtain an Industrial Wastewater Discharge Permit
shall be notified by the CEO in writing and shall complete and
return an Industrial Wastewater Discharge Permit Application
within the time established by the CEO. The CEO 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 CEO to obtain an individual
wastewater discharge permit or a general 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 CEO may deny or condition the contribution of
pollutants by such User in the Industrial Wastewater Discharge
Permit.
4.5 Application Contents
All Users required to obtain an individual wastewater
discharge permit or general permit by the CEO shall submit an
Industrial Wastewater Discharge Permit Application to LRW, the
form for which shall be provided by LRW. 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 and the name of the operator and owner with
contact information.
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.
Page 27 of 63
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. 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 waste stream formula set out in Section 2.2.0 of
this Ordinance(40 CFR 403.6(e)).
F. Site plans and details showing all plumbing including storm
and sanitary sewers, sewer connections, manholes,
sampling /inspection manholes, the location and description
of any pretreatment equipment, and the appropriate location
for monitoring all wastes covered by the permit.
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 which are, or could
accidentally or intentionally be, discharged to the POTW.
I. Compliance schedules, where applicable, which meet
applicable requirements of the Federal Regulations.
J. Any other information as may be deemed necessary by the CEO
to evaluate the wastewater discharge permit application.
K. Environmental Permits. A list of any environmental control
permits held by or for the facility.
L. Measurement of Pollutants.
a. The Categorical Pretreatment Standards applicable to
each regulated process and any new categorically
regulated processes for Existing Sources.
b. The results of sampling and analysis identifying the
nature and concentration, and /or mass, where required
by the Standard or by The CEO, of regulated pollutants
in the discharge from each regulated process.
c. Instantaneous, Daily Maximum, and long -term average
concentrations, or mass, where required, shall be
reported.
d. The sample shall be representative of daily operations
and shall be analyzed in accordance with procedures set
out in Section 6.11 of this Ordinance. Where the
Standard requires compliance with a BMP or pollution
prevention alternative, the User shall submit
Page 28 of 63
documentation as required by the CEO or the applicable
Standards to determine compliance with the Standard.
e. Sampling must be performed in accordance with
procedures set out in Section 6.12 of this Ordinance.
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 (defined
in section 1.4.D) 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
of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant
penalties for submitting false information, including
the possibility of fine and imprisonment for knowing
violations."
A. If the designation of an Authorized Representative is no
longer accurate because a different individual or position
has responsibility for the overall operation of the facility
or overall responsibility for environmental matters for the
company, a new written authorization satisfying the
requirements of this Section must be submitted to the CEO
prior to or together with any reports to be signed by an
Authorized Representative.
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 five(5) years from the
effective date of the permit. A wastewater discharge permit may
be issued for a period less than five(5) years, at the discretion
of the CEO. Each wastewater discharge permit will indicate a
specific date upon which it will expire.
Page 29 of 63
5.2 Wastewater Discharge Permit Contents
A wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the CEO 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 must contain:
(1) A statement that indicates wastewater discharge permit
duration, which in no event shall exceed five (5)
years;
(2) A statement that the wastewater discharge permit is
nontransferable without prior notification to the CEO
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, including Best Management Practices,
based on applicable Pretreatment Standards;
(4) Self monitoring, sampling, reporting, notification, and
record - keeping requirements. These requirements shall
include an identification of pollutants (or Best
Management Practices) 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.
(6) Requirements to control Slug Discharge, if determined
by the CEO to be necessary
B. Individual Wastewater discharge permits may contain, but
need not be limited to, the following conditions:
(1) Limits on the average and /or maximum rate of discharge,
time of discharge, and /or requirements for flow
regulation and equalization;
Page 30 of 63
(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 /slug 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,
including flow measurement devices;
(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 CEO to
ensure compliance with this Ordinance, and State and
Federal laws, rules, and regulations.
5.3 Wastewater Discharge Permit Modification
The CEO 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
character since the time of wastewater discharge permit
issuance;
Page 31 of 63
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 its personnel, the receiving
waters, or the beneficial use of biosolids;
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 CEO and the CEO approves the
wastewater discharge permit transfer. The notice to the CEO 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.
5.5 Wastewater Discharge Permit Revocation
The CEO may revoke a wastewater discharge permit for good
cause subject to following the procedure set forth in Section 10
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hereinafter, including, but not limited to, the following
reasons:
A. Failure to notify the CEO of significant changes to the
wastewater prior to the changed discharge;
B. Failure to provide prior notification to the CEO 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 and certification
statements;
E. Tampering with monitoring equipment;
F. Refusing to allow the CEO timely access to the facility
premises and records;
G. Failure to meet effluent limitations;
H.
I.
J.
K.
L.
M.
Failure to pay fines;
Failure to pay sewer charges;
Failure to meet compliance schedules;
Failure to complete a wastewater survey or the wastewater
discharge permit application;
Failure to provide advance notice of the transfer of
business ownership of a permitted facility; or
Violation of any pretreatment standard or requirement, or
any terms of the wastewater discharge permit or this
Ordinance.
Wastewater discharge permits shall be void 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.
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.
Page 33 of 63
The CEO 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 CEO
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 of an
applicable categorical standard, shall submit to the CEO 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.
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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 waste stream 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 CEO, of
regulated pollutants in the discharge from each
regulated process.
(c) Instantaneous, daily maximum, and long -term
average concentrations, or mass, where required,
shall be reported.
(d) The sample shall be representative of daily
operations and shall be analyzed in accordance
with procedures set out in Section 6.11 of this
Ordinance. Where the Standard requires compliance
with a BMP or pollution prevention alternative,
the User shall submit documentation as required by
the CEO or the applicable Standards to determine
compliance with the Standard.
(e) The User shall take a minimum of one
representative sample to compile that data
necessary to comply with the requirements of this
paragraph.
(f) Samples should be taken immediately downstream
from pretreatment facilities if such exist or
immediately downstream from the regulated process
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if no pretreatment exists. If other wastewaters
are mixed with the regulated wastewater prior to
pretreatment the User should measure the flows and
concentrations necessary to allow use of the
combined waste stream formula in 40 CFR 403.6(e)
to evaluate compliance with the Pretreatment
Standards. Where an alternate concentration or
mass limit has been calculated in accordance with
40 CFR 403.6(e) this adjusted limit along with
supporting data shall be submitted to the Control
Authority;
(g) The CEO may allow the submission of a baseline
report which utilizes only historical data so long
as the data provides information sufficient to
determine the need for industrial pretreatment
measures;
(h) The baseline report shall indicate the time, date
and place of sampling and methods of analysis, and
shall certify that such sampling and analysis is
representative of normal work cycles and expected
pollutant Discharges to the POTW.
(6) Compliance Certification. A statement, reviewed by the
User's authorized representative as defined in Section
1.4.D 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 (0 &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 0 &M must be
provided. 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 by an authorized
Representative as defined in Section 1.4.D of this
Ordinance.
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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 CEO 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 CEO 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
D. In no event shall more than nine (9) months elapse between
such progress reports to the CEO.
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
CEO 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 Section 2.2; 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.
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6.4 Periodic Compliance Reports
A. All Significant Industrial Users shall, at a frequency
determined by the CEO, 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. In cases where the Pretreatment Standard
requires compliance with a Best Management Practice (BMP) or
pollution prevention alternative, the User must submit
documents required by the CEO or the pretreatment standard
necessary to determine the compliance status of the user.
All periodic compliance reports must be signed and certified
in accordance with Section 4.6 of this Ordinance.
B. When LRW 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
by the CEO, 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 CEO to
submit Periodic Compliance Reports shall use the form
supplied by the CEO or other approved form.
6.5 Monthly Self- Monitoring Reports
A. When required by the CEO, 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.
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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 CEO, 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 CEO to
submit monthly self - monitoring reports shall use the form
supplied by the CEO or other approved form.
6.6 Reports of Changed Conditions
Each User must notify the CEO 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 CEO 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.
B. The CEO may reissue a wastewater discharge permit under
Section 5.6 of this Ordinance or modify an existing
wastewater discharge permit under Section 5.3 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 (200) or greater, and the discharge of any
previously unreported pollutants.
D. No User shall implement the planned change condition(s)
until and unless the CEO 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, a slug discharge or
a slug load, that may cause potential problems for the POTW,
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the User shall immediately telephone and notify the CEO 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 CEO, 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.
C. A notice shall be permanently posted on the User's bulletin
board or other prominent place advising employees who to
call in the event of a discharge described in paragraph A,
above. Employers shall ensure that all employees, who could
cause such a discharge to occur, are advised of the
emergency notification procedure.
D. Significant Industrial Users are required to notify the CEO
immediately of any changes at its facility affecting the
potential for a Slug Discharge.
6.8 Other Reports - Permitted and Unpermitted Users
All Users shall provide appropriate reports to the CEO as
the CEO 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.
6.9 Notice of Violation /Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the
User must notify the CEO 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 CEO within thirty (30) days after becoming aware
of the violation. The User is not required to re- sample if the
CEO monitors at the User's facility at least once a month, or if
the CEO samples between the User's initial sampling and when the
User receives the results of this sampling.
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If the City performed the sampling and analysis in lieu of
the Industrial User, the City will perform the repeat sampling
and analysis unless it notifies the User of the violation and
requires the User to perform the repeat sampling and analysis.
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). If 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 waste stream discharged during that
calendar month, and an estimation of the mass of
constituents in the waste stream 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. Any notification under
this paragraph need be submitted only once for each
hazardous waste discharged. However, notifications of
changed conditions must be submitted under Section 6.6 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 month,
or of any quantity of acute hazardous wastes as specified in
40 CFR 261.30(d) 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.
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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 CEO, 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 and amendments thereto, 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, sample /inspection manhole, or process sampling point as
designated by the CEO.
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 CEO reserves the right to reject any analysis
performed by an independent laboratory that is not duly certified
for a particular analysis.
6.12 Sample Collection
A. If as a result of any sampling and analyses authorized by
the CEO, or due to the existence of any other information,
the CEO 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 CEO may direct the owner or operator of said
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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 CEO. 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 CEO 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 LRW 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 and E below, the User must
collect wastewater samples using 24 -hour flow - proportional
composite sampling techniques, unless time - proportional
composite sampling or grab sampling is authorized by the
CEO. Where time - proportional composite sampling or grab
sampling is authorized by LRW, the samples must be
representative of the discharge. Using protocols (including
appropriate preservation) specified in 40 CFR Part 136 and
appropriate EPA guidance, multiple grab samples collected
during a 24 -hour period may be composited prior to the
analysis as follows: for cyanide, total phenols, and
sulfides the samples may be composited in the laboratory or
in the field; for volatile organics and oil and grease, the
samples may be composited in the laboratory. Composite
samples for other parameters unaffected by the compositing
procedures as documented in approved EPA methodologies may
be authorized by LRW, as appropriate. In addition, grab
samples may be required to show compliance with
Instantaneous Limits.
D. Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides, and volatile organic compounds must be
obtained using grab sample collection techniques.
E. For sampling required in support of baseline monitoring and
90 -day compliance reports required in Section 6.1 and 6.3
[40 CFR 403.12(b) and (d)], a minimum of four (4) grab
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samples must be used for pH, cyanide, total phenols, oil and
grease, sulfide and volatile organic compounds for
facilities for which historical sampling data do not exist;
for facilities for which historical sampling data are
available, the CEO may authorize a lower minimum. For the
reports required by paragraphs Section 6.4 (40 CFR 403.12(e)
and 403.12(h)) and 6.5, the Industrial User is required to
collect the number of grab samples necessary to assess and
assure compliance by with applicable Pretreatment Standards
and Requirements.
F. 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.
6.13 Timing
Written reports will be deemed to have been submitted on the
date postmarked. For reports, which are not mailed, postage
prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
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, any additional
records of information obtained pursuant to monitoring activities
undertaken by the User independent of such requirements, and
documentation associated with Best Management Practices
established under Section 2.4. 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 LRW, or where the User has been
specifically notified of a longer retention period by the CEO.
SECTION 7 - POWER AND AUTHORITY OF INSPECTORS
7.1 Right of Entry: Inspection and Sampling
The CEO 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
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permit or order issued hereunder. Users shall allow the CEO 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 CEO may 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 CEO will be permitted to enter without
delay for the purposes of performing specific
responsibilities.
B. The CEO shall have the right to set up on the User's
property, or require installation of, such devices as are
necessary to conduct sampling and /or metering of the User's
operations.
C. The CEO 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 CEO 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 CEO
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
system. Such rules and regulations so made and adopted at a
regular meeting of the Sewer Committee shall become
effective as follows:
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(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 CEO of Little Rock Wastewater 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) day public review period.
(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 CEO has been refused access to a building, structure,
or property, or any part thereof, and if the CEO 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 LRW 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 CEO 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 CEO's
inspection and sampling activities, shall be available to the
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public without restriction, unless the User specifically
requests, and is able to demonstrate to the satisfaction of the
CEO, 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
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 CEO shall publish annually, in a newspaper of general
circulation that provides meaningful public notice within the
jurisdictions served by the POTW, 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 Noncompliance shall be
applicable to all Significant Industrial Users (or any other
Industrial User that violates paragraphs (C), (D), or (H) of this
Section) and shall mean:
A. Chronic violations of wastewater discharge limits, defined
here as those in which sixty -six percent (660) or more of
all the measurements taken for the same pollutant parameter
taken during a six (6) month period exceed (by any
magnitude) a numeric Pretreatment Standard or Requirement,
including Instantaneous Limits as defined in Section 2;
B. Technical Review Criteria (TRC) violations, defined here as
those in which thirty -three percent (330) or more of
wastewater measurements taken for each pollutant parameter
during a six (6) month period equals or exceeds the product
of the numeric Pretreatment Standard or Requirement
including Instantaneous Limits, as defined by Section 2
multiplied by the applicable criteria (1.4 for BOD, TSS,
fats, oils and grease, and 1.2 for all other pollutants
except pH);
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C. Any other violation of a Pretreatment Standard or
Requirement as defined by Section 2 (Daily Maximum,
long -term average, Instantaneous Limit, or narrative
standard) that the CEO determines 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 CEO'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 forty -five (45) days after the due
date, any required reports, including baseline monitoring
reports, reports on compliance with categorical Pretreatment
Standard deadlines, periodic self - monitoring reports, and
reports on compliance with compliance schedules;
G. Failure to accurately report non - compliance; or
H. Any other violation(s), which may include a violation of
Best Management Practices, which the CEO 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 CEO 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 CEO 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 LRW 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 LRW to take any action,
including emergency actions or any other enforcement action,
without first issuing a notice of a non - compliance incident.
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10.2 Notice of Violation
When the CEO 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 CEO 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 CEO. 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 CEO to take any action, including emergency
actions or any other enforcement action, without first issuing a
Notice of Violation.
10.3 Consent Orders
The CEO 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
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 CEO 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.
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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 CEO 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 pursuant to this
Ordinance shall be subject to review by appeal to the
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) .
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Additionally, the Sewer Committee, through the CEO, 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 CEO 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 CEO 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 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 CEO 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 CEO 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
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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 CEO 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 CEO 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 CEO 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 CEO may
convene a hearing on the matter. In the event the User's
request is granted, the payment, together with any interest
accruing thereto, shall be returned to the User. The CEO may
add the costs of preparing administrative enforcement
actions, such as notices and orders, to a fine. 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 shall 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 CEO 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 CEO 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.
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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 CEO 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
CEO may allow the User to recommence its discharge when the
User has demonstrated to the satisfaction of the CEO that
the period of endangerment has passed, unless the
termination proceedings in Section 10.9 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 CEO prior to the date of any show
cause or termination hearing under Sections 10.4 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.
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
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proposed action should not be taken. Exercise of this option
by the CEO 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 CEO 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 remediation. A
complaint for injunctive relief shall not be a bar against, or a
prerequisite for, taking any other action against a User.
11.2 Civil Penalties
A. A User who has violated, or
provision of this Ordinance, a
or order issued hereunder,
standard or requirement shall b
civil penalty of $1,000.00 per
monthly or other long -term
penalties shall accrue for each
violation; and, each day of a
deemed a separate violation.
B. The CEO may recover all costs
Arkansas, and other expenses
activities, including sampling
the cost of any actual damages
continues to violate, any
wastewater discharge permit,
or any other pretreatment
liable to LRW for a maximum
violation. In the case of a
average discharge limit,
day during the period of the
continuing violation may be
recoverable under the law of
associated with enforcement
and monitoring expenses, and
incurred by LRW.
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
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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.
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 ($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.
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
Page 55 of 63
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 CEO 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 LRW's enforcement
response plan. However, the CEO may take other action against any
User when the circumstances warrant. Further, the CEO is
empowered to take more than one enforcement action against any
non - compliant User.
SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTION
12.1 Performance Bonds
The CEO 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 CEO to be necessary to
achieve consistent compliance.
12.2 Liability Insurance
The CEO 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.
Page 56 of 63
12.3 Public Nuisances
A violation of any provision of this Ordinance, an
individual wastewater discharge permit, a general 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 CEO. 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.
12.4 Payment of Outstanding Fees and Penalties
The CEO may decline to issue or
wastewater discharge permit or a general
has failed to pay any outstanding fee:
incurred as a result of any provision
previous individual wastewater discharge
general permit or order issued hereunder.
reissue an individual
permit to any User who
fines, or penalties
of this Ordinance, a
permit, or a previous
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
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;
Page 57 of 63
(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
CEO 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
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 (18) 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:
Page 58 of 63
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 LRW 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 CEO at least ten (10)
days before the date of the bypass, if possible.
(2) A User shall submit oral notice to the CEO 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
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CEO 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 CEO 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 CEO may approve an anticipated bypass, after
considering its adverse effects, if the CEO 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 CEO may at any time collect appropriate samples from any
Industrial or Commercial User's discharge and conduct analyses to
determine the concentrations of BOD /COD, TSS, pH, and Oil and
Grease (0 &G). If the sampling and analyses performed by the CEO
or his designated assistant indicates concentrations of BOD /COD,
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 LRW 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, LRW shall
be entitled to those remedies set forth in said statute.
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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 250 mg /L
2)
COD in
excess of 400 mg /L
3)
TSS in
excess of 250 mg /L
4)
0 &G in
excess of 50 mg /L
SURCHARGE _ [(BODX - 250 mg /L) (8.34)
(V)
(A)] or
[ (CODX - 400 mg /L) (8.34)
(V)
(A) ] +
[(TSSX - 250 mg /L) (8.34)
(V)
(B)] +
[(0 &GX - 50 mg /L) (8.34)
(V)
(C)]
Where:
BODX
= concentration of BOD in
mg /L
CODX
= concentration of COD in
mg /L
TSSX
= concentration of TSS in
mg /L
0 &GX
= concentration of 0 &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 /COD
B
= unit charge for TSS
C
= unit charge for 0 &G
SECTION 15 - MISCELLANEOUS PROVISIONS
15.1 Pretreatment Charges and Fees
The CEO may adopt fees for reimbursement of costs of setting
up and operating the Little Rock Wastewater 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 and reviewing
construction plans;
B. Fees for monitoring, inspection, and surveillance procedures
including the cost of sample collection and analyzing a
User's discharge, and reviewing monitoring reports or BMP's
and certification statements submitted by Users;
C. Fees for reviewing and responding to accidental discharge,
including reasonable costs incurred for labor, materials,
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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 CEO 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 remaining
provisions, paragraphs, words, sections, and articles 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, but
not limited to, Ordinance No. 17,966, adopted on March 16, 1999.
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, and welfare, shall be in full force
and effect immediately after its passage and approval.
Page 62 of 63
PASSED: December 21, 2007
APPROVED:
MAYOR MARK tfobbLA
ATTEST:
CI CLER N NCY WOOD
APPROVED:
-:;' tt�� �U r
TOM CARPENTER, CITY A ORNEY
PREPARED BY:
Don F. Hamilton, General Counsel
Little Rock Wastewater
11 Clearwater Drive
Little Rock, AR 72204
Ark. Sup. Ct. #63022
(501) 688 -1403
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