17965ORDINANCE NO. 17,965
AN ORDINANCE REG[JLATING THE USE OF PUBLIC AND PRIVATE SEWERS,
PRIVATE SEWAGE DISPOSAL, rfl INSTALLATION CONSTRUCTION,
MAINTENANCE, AND CONNECTION OF BUILDING SEWERS; INSTALLATION,
DISCHARGE OF
WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM; PROVIDING
PENALTIES FOR THE VIOLATION THEREOF; REPEALING ALL ORDINANCES AND
PROVISIONS THEREOF IN CONFLICT THEREWITH INCLUDING ARTICLES I,
II, III, IV, V, X, XI, AND XII OF ORDINANCE NO. 15,344, PASSED ON
SEPTEMBER 1, 1987; AND FOR OTHER PURPOSES, ALIT PERTAINING TO SEWER LINES AND SYSTEM WITHIN THE JURISDICTION OF THE CITY THE
LITTLE ROCK, ARKANSAS, AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance No. 15,344, passed on September 1, 1987,
currently regulates the use of public and private sewers and
specifically, Articles I, II, III, IV, V, X, XI, and XII of said
Ordinance contain general provisions regarding the use, disposal,
connection, protection, inspections, and penalties in connection
with the use of public sewers and these provisions should be
repealed, and revised and expanded provisions in a new Ordinance
should be adopted to enable the LRWU to effectively operate the
sewer system of the City of Little Rock; and,
WHEREAS, the provisions as hereinafter set forth contain the
revisions and additions necessary to enable the LRWU to more
effectively and efficiently operate the sewer system in the City
of Little Rock, by inclusion in this Ordinance the following
provisions, 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 provisions
hereinafter set forth in this Ordinance;
TABLE OF CONTENTS OF THIS ORDINANCE
SECTION 1 GENERAL PROVISIONS ........................ 3
1.1 Title, Purpose and Policy
1.2 Definitions
SECTION 2 USE OF PUBLIC SEWERS REQUIRED 5
2.1 Unsanitary Conditions
2.2 Stormwater Discharge
2.3 Discharge to Natural Outlets
2,4 Septic Tanks, Privys, Cesspools
2.5 Connection to Public Sewer Required
2.6 Dischargers Outside City
SECTION 3 PRIVATE SEWAGE DISPOSAL 7
3.1. Private Sewage Disposal Systems Allowed • •••.
3.2 Permits Required
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125
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3.3 Compliance with Regulations
3.4 Connection to Public Sewer Required
3.5 Owner Responsibilities
3.6 Additional Requirements Govern
SECTION 4 BUIL
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
DING SEWERS AND CONNECTIONS .............
Authorizations Required
Building Sewer Permits /Fees Required
Costs, Expenses, and Indemnification
Separate Building Sewers Required
Use of Old Building Sewers
Construction Requirements /Specifications
Building Sewer Elevations /Lift Stations
Prohibited Connections
Conformance to Rules and Regulations
Notification - Inspection and Connection
Protection of the Public
Restoration of Public Property
Operation and Maintenance Requirements
....1.. 8
SECTION 5 PROTECTION FROM DAMAGE .............................10
5.1 Damage, Destruction, and Tampering
5.2 Unauthorized Covering
5.3 Removal of Cover
5.4 Applicable Penalties
SECTION 6 DISCONNECTING SEWERS ............................... 11
6.1 Disconnection and Sealing Required
6.2 Application and Fee Required
6.3 Notification Requirements
SECTION 7 POWER AND AUTHORITY OF INSPECTORS ..................11
7.1 Right of Entry
7.2 Adoption of Rules and Regulations
Pertaining to Sewers
SECTION 8 ADMINISTRATIVE ENFORCEMENT REMEDIES ................ 13
8.1 Enforcement Procedure
8.2 Show Cause Hearing
8.3 Emergency Suspension of Service
SECTION 9 JUDICIAL ENFORCEMENT REMEDIES....., ................. 15
9.1 Injunctive Relief
9.2 Civil Penalties
9.3 Criminal Prosecution
9.4 Remedies Nonexclusive
9.5 Initiation of Criminal or Civil Action
SECTION 10 SUPPLEMENTAL ENFORCEMENT ACTIONS ...................17
10.1 Performance Bonds
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10.2 Liability Insurance
10.3 Public Nuisance
SECTION 11 SEVERABILITY .............................. 18
11.1 Repeal of Prior Ordinances
SECTION 12 AUTHORITY OF LITTLE ROCK SANITARY SEWER COMMITTEE,
EFFECTIVE DATE, AND DECLARING AN EMERGENCY ...,..... 19
WHEREAS, it is essential that the Little Rock Sanitary Sewer
Committee should have the authority to perform all acts as
provided in the 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 protection of the public health, safety and
welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIREC'T'ORS OF THE
CITY:
SECTION 1 - GENERAL PROVISIONS
1.1 Title, Purpose and Policy
This Ordinance shall be known as the "General Sewer Use
Ordinance" and sets forth uniform general requirements regulating
the use of the public sewers for the City of Little Rock,
Arkansas. The objectives of this Ordinance are:
A. To regulate the general use of both public and private
sewers within the jurisdiction of the City of Little Rock,
Arkansas;
B. To regulate private sewage disposal within the jurisdiction
of the City of Little Rock, Arkansas;
C. To regulate the installation, construction, maintenance,
connection, and protection of building sewers within the
jurisdiction of the City of Little Rock, Arkansas;
D. To regulate the disconnection and sealing of building sewers
within the jurisdiction of the City of Little Rock,
Arkansas;
E. To repeal all existing Ordinances in conflict therewith.
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1.2 Definitions
Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this Ordinance, shall
have the meanings hereinafter designated.
A. And /Or shall mean one item or the other or a combination of
both or all.
B. Building Drain shall
piping of a drainage
all drains which caz
walls of a building
beginning five (5)
building.
mean that part of the lowest horizontal
system which receives the discharge from
'ry waste or water -born waste inside the
and conveys it to the building sewer,
feet outside the inner face of the
C. Building Sewer shall mean the extension from the building
drain to the public sewer or other place of disposal.
D. Manager shall mean the manager of Little Rock Wastewater_
Utility, or his authorized deputy, agent, or representative.
E. Natural Outlet shall mean any outlet, :Lncluding storm sewers
and combined sewer overflows, into a water course, ditch,
lake, or other body of surface or ground water.
F. Objectionable Waste shall mean any wastes that can harm either_
the sewers, sewer treatment processes or equipment, have an
adverse effect on the receiving stream or otherwise endanger
life, health, or property, or constitutes a nuisance.
G. Person shall mean any individual, firm, company, association,
society, corporation, or group.
H. POTW shall mean Publicly Owned Treatment Works
I. Private Sewage Disposal System shall mean that facility owned,
operated, and maintained by any person for the purpose of
collecting and disposing of sewage within the property of said
person.
J. Public Sewer shall mean a common sewer in which all owners of
abutting properties have equal. rights, and is controlled by
public authority.
K. Sanitary Sewer shall mean a sewer in which sewage is carried,
and to which storm, surface, and ground water are not
intentionally admitted.
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L. Sewage shall mean a combination of the water- carried wastes
from residences, business buildings, institutions, commercial
establishments, and industries.
M. Sewer shall mean a pipe or conduit for carrying sewage.
N. Sewer Committee shall mean the Little Rock Sanitary Sewer
Committee of the City of Little Rock Wastewater Utility.
0. Sewer System shall mean the City of Little Rock Wastewater
Utility as operated by the Sewer Committee of the City of
Little Rock, Arkansas.
P. Shall is mandatory; May is permissive.
Q. Storm Drain shall mean a drain or sewer for conveying water,
ground water, subsurface water, or unpolluted water from any
source.
R. Utility shall mean the Little Rock Sanitary Sewer Committee.
S. User shall mean a source of indirect discharge
T. Wastewater shall mean the spent water of a community,
including the combination of the liquid and water carried
wastes from residences, commercial establishments, industrial
plants, and institutions, together with any ground water,
surface water, and storm water that may be present.
U. Water Course shall mean a channel in which a f. low of water
occurs, either continuously or intermittently.
SECTION 2 - USE OF PUBLIC SEWERS REQUIRED
2.1 Unsanitary Conditions
It shall be unlawful for any person to place, deposit, or
permit to be deposited in any unsanitary manner on public or
private property within the City of Little Rock, Arkansas, or in
any area under the jurisdiction of said City, any human or animal
excrement, or other objectionable wastes.
2.2 Stormwater Discharge
No person shall discharge or cause 'Co be discharged any
stormwater, surface water, groundwater, roof runoff, subsurface
drainage, non - contact cooling water or other such waters into any
sanitary sewer.
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2.3 Discharge to Natural outlets
It shall be unlawful to discharge to
within the City of Little Rock, Arkansas, or
the jurisdiction of said City, any sewage
waters, except where suitable treatment has
required by law.
2.4 Septic Tanks, Privys, Cesspools
any natural outlet
in any area under
or other polluted
been provided .as
Except as herein provided under Section 3 below, it shall be
unlawful for any person to construct or maintain any privy, privy
vault, septic tank, cesspool, or other facility intended to be
used for the disposal of sewage.
2.5 Connection to Public Sanitary Sewer Required
The owner of all houses, buildings, or properties used for
human occupancy, employment, recreation, or other purposes,
situated within the City of Little Rock and abutting on any
street, alley, or right -of -way in which there is now located or
may in the future be located a public sanitary sewer of the City,
is hereby required, at his expense, to install suitable toilet
facilities therein, and to connect such facilities directly with
the proper public sewer in accordance with -the provisions of this
Ordinance, within thirty (30) days after date of o�:ficial notice
to do so, provided that said property is within three hundred
(300) feet of any accessible public sanitary sewer.
2.6 Dischargers outside City
All dischargers to the City of Little Rock POTW, who are
outside the jurisdiction and are riot 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 this ordinance. All incorporated
cities which discharge to the City of Little Rock POTW shall
agree by written contract to adopt an ordinance which meets the
requirements of 40CFR403, General Pretreatment Regulations, and
will be at least as stringent as the conditions set forth in this
ordinance. This agreement must also contain a provision that
allows for the adoption of any and all rules and /or regulations
promulgated by the provisions of the Sewer Committee of the City
of Little Rock in accordance with 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.
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SECTION 3 - ]PRIVATE SEWAGE DISPOSAL
3.1 Private Sewage Disposal Systems Allowed
Where a public sanitary sewer is not a.vailable, under the
provisions of Section 2.4, the building sewer shall be connected
to a private sewage disposal system complying with the provisions
of this Section.
3.2 Permits Required
Before commencement of construction of a private sewage
disposal system, the owner shall first obtain a written permit
from the office of the Arkansas Department of Health and /or the
Arkansas Department of Environmental Quality. The application
for such permit (s) shall be supplemented by such plans,
specifications, test results, and other information as deemed
necessary by the permitting authority.
3.3 Compliance with Regulations
The type, capacities, locations, and layout of private
sewage disposal systems shall comply with all requirements and
recommendations of the Arkansas Department of Health and /or the
Arkansas Department of Environmental Quality.
3.4 Connection to Public Sewer Required
When a public sewer becomes available, the building sewer
shall be connected to said sewer within. thirty (30) days after
date of official_ notice to do so, and the private sewage disposal
system shall be cleaned of all sludge and solids, and filled with
suitable materials.
3.5 Owner Responsibilities
The owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all. times, at no
expense to Little Rock Wastewater Utility.
3.6 Additional Requirements Govern
No statement contained in this Section shall be construed to
supersede any additional requirements that may be imposed by the
Arkansas Department of Heath or the Arkansas Department of
Environmental Quality, and in the event of any conflict between
this section and any such additional requirements, the latter
shall govern.
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-, 3 2
SECTION 4 - BUILDING SEWERS AND CONNECTIONS
4.1 Authorizations Required
No unauthorized person shall uncover, make any connection
with or opening into, use, alter, or disturb, a public sewer or
appurtenance thereof without first obtaining a written permit
from the Manager. of Little Rock Wastewater Utility.
4.2 Building Sewer Permits /Fees Required
A building sewer permit shall be required for all
residential, commercial, and industrial connections to the
sanitary sewer system. The owner or agent shall make application
on a special form provided by the Utility. The permit
application shall be supplemented by any plans, specifications,
or other information considered pertinent in the judgment of the
Manager. A permit and inspection fee for residential,
commercial, and industrial building sewer connections shall be
paid to Little Rock Wastewater Utility at the time the
application is filed. Coincident with application for a permit,
a connection fee shall be paid to Little Rock Wastewater Utility,
Said fee shall be in proportion to the sewage treatment capacity
required by the connected facility in accordance with a schedule
adopted by the Sewer Committee of Little Rock Wastewater Utility,
4.3 Costs, Expenses, and Indemnification
All costs and expenses incident to the installation and
connection of the building sewer shall be borne by the owner.
The owner shall indemnify the City from any loss or damage that
may directly be occasioned by the installation of the building
sewer.
4.4 Separate Building Sewers Required
A separate and independent building sewer shall be provided.
for every building except as follows:
A. Where multiple buildings are constructed in an apartment
complex or condominium on a single lot or tract of land
which cannot be subsequently subdivided and sold in parcels,
the individual buildings may be connected to a collector
building sewer provided that only one person is responsible
for maintenance of the building sewer.
B. Temporary buildings, mobile homes, or similar portable
structures may be connected to a building sewer_ installed to
serve a previously constructed permanent building provided
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that both the permanent and temporary buildings are located
on the same lot.
4.5 Use of Old Building Sewers
Old building sewers may be used in connection with new
buildings only when they are found, upon examination and testing
by the Manager, to meet all requirements of this Ordinance and
other rules and regulations of Little Rock Wastewater Utility.
4.6 Construction Requirements and Specifications
The size, slope, alignment, and materials of construction of
a building sewer and the methods to be used in excavating,
placing of pipe, joining, testing, and backfilling the trench,
shall all conform to the rules and regulations of Little Rock
Wastewater Utility, the building and plumbing codes, or other
applicable rules or regulations of the City of Little Rock,
Arkansas. In the absence of code provisions or in amplification
thereof, the materials and procedures set forth, in appropriate
specifications of the American Standard Testing Material
(A.S.T.M.) and the Water Environment Federation (W.E.F.) Manual
of Practice No. 9 shall apply..
4.7 Building Sewer Elevations /Lift Stations
Whenever possible, the building sewer_ shall be brought to
the building at an elevation below the basement floor. In all
buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such
building drain shall be lifted by a means approved by the Manager
and discharged to the building sewer.
4.8 Prohibited Connections
No person shall make, permit to be made, own, use or be in
possession of a connection of roof drains, downspouts, exterior
foundation drains, areaway drains, or other sources of surface
runoff or groundwater to a building sewer or building drain which
is directly or indirectly connected to a public sanitary sewer.
If such connection is found to exist, the Owner shall be notified
and given thirty (30) days to disconnect the prohibited cross
connection. If disconnection is not made, sewer service will be
discontinued until such repair is made.
4.9 Conformance to Rules and Regulations
The connection of a building sewer into a public sewer shall
conform to the rules and regulations of Little Rock Wastewater
Utility, the building and plumbing codes or other applicable
Page 9 of 19
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rules of the City of Little Rock,. Arkansas, or the procedures set
forth in appropriate specifications of the A,S.T,M. and W.E..F,
Manual of Practice No. 9, All such connections shall be made gas
tight and water tight. Any deviation from the prescribed
procedures and materials i-nust be approved by the Manager before
installation.
4.10 Notification - Inspection and Connection
The applicant for the building sewer permit small noti_ty the
Manager of Little Rock Wastewater Utility when the building sewer
is ready.for inspection and connection to the public sewer. All
portions of the building sewer from the foundation to the
connection to the public sewer shall be inspected and approved by
the Manager before backfilling.
4,11 Protection of the Public
All excavations for building sewer installation shall be
adequately guarded with barricades and lights so as to protect
the public from hazard.
4.12 Restoration of Public Property
Streets, sidewalks, parkways, and other public property
disturbed in the course of the work shall. be restored in a mariner
satisfactory to the City of Little Rock_ Public. Works Department.
4.13 Operation and Maintenance Requirements
The owner of any building or buildings which is (are)
connected to the public sanitary sewer shall be required to
operate and properly maintain the building drains arid building
sewer in accordance with all provisions of this Article at no
expense to Little Rock Wastewater Utility.
SECTION 5 - PROTECTION FROM DAMAGE
5.1 Damage, Destruction, and Tampering
No person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any
structure, appurtenance, or equipment which is a part of the
sewage works.
5.2 Unauthorized Covering
No unauthorized person shall cover any manhole on a public
sewer with earth or paving, or otherwise render it inaccessible.
Page 10 of 19
5.3 Removal of Corer
135
No unauthorized person shall remove the earth cover from a
public sewer so that less than two (2) feet of earth cover
remains over the pipe bells. Approval to rern.ove subsequent cover
shall require written consent from the Manager of the Little Rock
Wastewater Utility.
5.4 Applicable Penalties
Violation of any provision of this Section is a Class C
misdemeanor.
SECTION 6 - DISCONNECTING SEWERS
6.1 Disconnection and Sealing Required
Before any dwelling or other building being served by the
public sewer is moved or demolished, the building sewer serving
said building shall be disconnected from the public sewer at the
property line and the remaining building sewer sealed to prevent
the entrance of stormwater, groundwater, and debris into the
public sewer. The Manager shall inspect all disconnect and
seals.
6.2 Application and Fee Required
Prior to the demolition or moving of any building served by
a public sewer, application shall be made to the office of Little
Rock Wastewater Utility for disconnect and seal of the building
sewer by the Utility and the sewer seal fee, as set by the Sewer
Committee, shall be paid to the Utility at that time.
6.3 Notification Requirements
At least three (3) days before the building is moved or
demolished, but after it is no longer occupied, the party making
the application outlined in Section 6.2, above, shall notify the
Utility that the building sewer is ready for inspection of
disconnection and sealing.
SECTION 7 - POWER AND AUTHORITY OF INSPECTORS
7.1 Right of Entry
The Manager and other duly authorized employees of the
Little Rock Wastewater Utility bearing proper credentials and
Page 11 of 19
identification shall be permitted to enter all proper.ti_es
connected to the sanitary sewer system for_ -r-he purposes of
inspection, observation, measurement, sampling, and testing in
accordance with the provisions of this Ordinance. The Manager or
other duly authorized employee of the Little Rock Wastewater
Utility bearing proper credentials and identification shall be
permitted to enter all private properties through which the City
holds a duly negotiated easement for the purposes, but not
limited to, inspection, observation, measurement, sampling,
:repair, and maintenance of an_y portion of the sewage works lying
within said easement. Any entry in and subsequent work on any
such easement shall be done in full accordance with the terms of
the duly negotiated easement pertaining to the private property
involved.
7.2 Adoption of Rules and Regulations Pertaining to Services
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 3.n regard to
the construction, use, and operation of sanitary sewers to be
connected to, or connecting into, the mains of the Little Rock
Wastewater Utility system. Such rules and regulations so made
and adopted at a regular meeting of the Sewer Committee shall
become effective as follows:
(a) A. public notice of intent to enact and intention of
proposed rules and regulations shall be placed in a
daily newspaper in the City of Little Rock, Arkansas,
one (1) day for each of two (2) successive weeks with a
brief summary of the proposed rules and regulations..
(b) The proposed rules and regulations shall be available
for inspections and reproduction at the office of the
Manager of the Wastewater Utility for thirty (30) days
following the first publication of the public notice.
(c) A correct copy of those rules and regulations shall be
filed for permanent record with the City Clerk of the
City of Little Rock together with any written
objections to -the proposed rules and regulations at the
end of the thirty (30) day public review period.
(d) Said rules and regulations shall become effective on
the filing of said copy for permanent record with the
City Clerk.
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.SECTION 8 - ADMINISTRATIVE ENFORCEMENT REMEDIES
8.1 Enforcement Procedure
Whenever the Manager finds that any person has violated or
is violating any provision. of this Ordinance, or any prohibition;
limitation, or requirement contained 'herein, he shall serve upon
such person a written notice via certified mail or personal
service stating the nature of the violation and providing a
reasonable time, not to exceed thirty (30) days, for the
satisfactory correction thereof.
8.2 Show Cause Hearing
A. If the violation is not corrected by timely compliance, the
Manager shall order any person who violates any provision of
this Ordinance or causes or allows an unauthorized discharge
to show cause before the Manager why service should not be
terminated. A notice shall be served on the offending
party, specifying the time and place of a hearing to be held
by the Manager regarding the violation, and directing the
termination of service. The notice of the hearing shall be
served personally or by registered or certified mail (return
receipt requested) at least ten (10) days before the
hearing. Service may be made on any agent or officer of a
corporation.
B. The Manager shall conduct the hearing, take the evidence,
and the Manager is further authorized to do any and all of
the following:
1. Issue notices of hearings requesting the attendance and
testimony of witnesses and the production of evidence
relevant to any matter involved in any such hearings
and conduct such hearing for the purpose of making a
determination of the existence of violations and
recommendation to the Sewer. Committee for appropriate
action.
2. Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with
the recommendations acid /or findings of the Manager to
the Sewer Committee for final action by the Sewer
Committee subject to any further information which the
Sewer Committee may request or any party to the action
may desire to submit for further consideration.
3. At any public hearing, testimony taken before the
Manager must be under oath and recorded by cassette
tape or stenographically. The transcript, so recorded,
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will be made a %Tailabie to any member of the public or
any party to the hearing upon payment of the cost of
production.
C. After the Sewer Committee has reviewed the evidence, and the
Manager's recommendation it may issue an order to the party
responsible for the discharge or ,.Tiolation directing treat,
following a specified time period, the sewer service be
discontinued unless adequate treatment facilities, devices,
or other related appurtenances shall have been installed or
existing treatment facilities, devices, or other related
appurtenances are properly operated or the violation is
corrected, and such further orders and directives as are
necessary and appropriate. Such order shall be subject to
review by appeal to the Circuit Court of Pulaski County,
Arkansas, in accordance with the law of Arkansas.
D. A discharge in violation of the provisions of this Ordinance
shall. be considered a public nuisance. In addition to the
procedures outlined in ,sections 6 and 7, nothing herein
shall be ;teemed to prevent the Sewer Committee and /or the
Utility from seeking appropriate legal and /or equitable
relief in the Courts of Arkansas in the event of a violation .
or discharge in violation of the provisions of this
Ordinance.
8.3 Emergency Suspension of Service
The Sewer Committee may for good cause shown, after notice,
suspend the receipt of wastewater discharge to the POTW, subject
to a hearing within five (5) days, and, thereafter, revoke the
Wastewater Discharge Permit of a discharger when it appears 'to
the Sewer_ Committee that an actual or threatened discharge
presents or threatens an imminent and substantial danger to the
health or welfare of persons, substantial danger to the
environment, interferes with the operation of the POTW, or
violates any of the provisions of this Ordinance. Any Discharger
notified of the suspension of service and /or discharge permit,
shall within a reasonable period of time, as determined by the
Sewer Committee or its representative, cease all discharges. In
the event of failure of the discharger to comply voluntarily with
the suspension order within the time specified, the Sewer.
Committee shall take all lawful_ actions necessary to immediately
suspend the access of the User to the POTW. The Sewer Committee
shall reinstate the service and /o. Discharge Permit upon proof by
the Discharger of the elimination of the non- complying discharges
or conditions creating the threat of imminent or substantial
danger as set forth above. The Discharger shall be charged with
reimbursing the LRWU all costs incurred 7_n the suspension of
service before the service will be .reinstated.
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SECTION 9 - JMICIAL ENFORCEMENT REMEDIES
9.1 Injunctive Relief
Whenever a User has violated any provision of this Ordinance
or continues to violate any provision of this Ordinance,
wastewater discharge permits or orders issued hereunder, the
Sewer Committee may commence action for appropriate legal and /o.-r_
equitable relief in any court of competent jurisdicr.ion for tho
issuance of a temporary or permanent injunction, as appropriate,
which restrains or compels compliance, performance of a Sewer
Committee order, or other requirement imposed by this Ordinance
on activities of the User. A petition for injunctive relief need
not be filed as a prerequisite to taking any other action against
a User.
9.2 Civil Penalties
A. Any parson or other entity found to be vi.olatin<l any
provision of this Ordinance or regulations promulgated by
the Sewer Committee shall be subject to a fine in an amount
of not less than one hundred dollars ($1011.00).nor_ more than
five hundred dollars ($500.00) for any one (1) specified
offense or violation of such ordinance, and not less than
one hundred dollars ($100.00) nL:r more than one thousand
dollars ($1,000.00) for each repetition of such offense or
violation. If a thing prohibited or rendered unlawful is,
in its nature, continuous iri respect to time, the fine or
penalty for allowing the continuance thereof shall not
exceed two hundred and fifty dollars ($250.00) per day for
each continuing offense or violation.
B. Any person or other entity who knowingly makes any false
statements, representations or certification of any record,
report, plan, or other document filed or required to be
maintained pursuant to this Ordinance, regulations, or laws
referred to herein, or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method
required under this Ordinance, regulations or laws .referred
to herein, shall be subject to a fine in an amount not less
than one hundred dollars ($100.00) nor more than five
hundred dollars ($500.00) for any one (1) specifi:n -d offense
or violation of such ordinance, and not Less than one
hundred dollars ($100.00) nor more than one thousand dollars
($1,000.00) for each r_epetitinn of such offense or
violation. If a thing proh:i b.ited or .rendered unlawful is,
in its nature, continuous in respect to time, the fine or
penalty for allowing the continuance thereof, in violation
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of such ordinance, shall not exceed, two hundred and fifty
dollars ($250.00) per day for each ofie.nse or vi_olatiort.
C. Any person or other entity violating any of the provisions
Of this Ordinance shall_ become liable to the Utility for any
expense, loss, or damage occasioned the Utility by reason of
such violation.
D. In addition to the civil. penalties provided for herein, the
Sewer Committee may recover, on behalf of the Utility. from
a person or other entity(ies) determined to be in violation
of the provisions of this Ordinance any damages suffered,
costs, and other expenses of litigation in an action at law
or equity which. may be permitted by the laws of Arkansas.
E. The Sewer Committee shall petition a Court of competent
jurisdiction to impose, assess and recover all civil
penalties, legal fees, and costs together with damages if
appropriate. In determining the amount of the penalty, the
Sewer Committee in its recommendation for civil penalties,
the City Board of Directors and the Court 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 by the User in allowing the violation, the
timing and nature of any corrective actions taken by the
User, the compliance history of the User, and any other
facts as justice requires.
F. Filing a suit for civil penalties shall not be a
prerequisite for taking any other action against, a User.
9.3 Criminal Prosecution
A. The Sewer Committee may criminally prosecute in a court of
competent jurisdiction any User who knowingly or negligently
violates any provision of this Ordinance, its Wastewater
Discharge Permit or any orders issued hereunder. if so
prosecuted the User shall, upon conviction, be guilty of a
misdemeanor, and be punished by a fine not to exceed five
hundred dollars ($500.00) per violation or imprisonment for
such term as allowed by law.
B. The Sewer Committee may criminally prosecute in a court of
competent jurisdiction any User who knowingly or negli_cre-itly
makes any false statement., representation or certification
in any application, record, report.., plan or other document
filed or .required to be maintained pursuant to this
Ordinance or its Wastewater Discharge Permit, 01: who
falsifies, tampers with, or knowingly or negligently renders
Page 16 of 19
inaccurate any
monitoring or sampling
device, wastewater
sample or other
methods required
by this
Ordinance. If so
prosecuted, the
User sha .1, upon
conviction, be guilty of a
misdemeanor, and
be punished by a
fine of
not more than fi_-,re
hundred dollars
($500.00) per violation
or by iimprisonmen.t
for such term as
allowed by law.
C. Each day on which a violation shall occur or continue shalJ_
be a separate and distinct offense. In the case of montl-ily
or other long -term average discharge limits, penalties shall
accrue for each business or operational day during the
period of violation.
9.4 Remedies Nonexclusive
The provisions in Sections 7 through 9 are not exclusive
remedies. The Utility reserves the right to take any, all, or
any combination of these actions against a noncompliant User.
The Utility shall be authorized to take other actic)n against any
User when the circumstances warrant. Further, the Utility is
empowered to take more than one (1) enforcement ar;ti.on against:
any noncompliant User. These actions may be taken ccncur_ren +:.iy.
9.5 Initiation of Criminal or Civil Action
Any criminal or civil action for violaticn of ,,his Ordinan"Cle
may be initiated only after a majority vots Of the Sewer
Committee resolves to pursue such action.
A. 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 efter
such time that a resolution authorizing the suit is duly
adopted by the Sewer Committee, as the governing body.
B. 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.
SECTION 10 - SUPPLEMENTAL ENFORCEMENT ACTION
10.1 Performance Bonds
The Manager may decline to issue a wastewater discharge
permit to any User who has failed to comply with the provisions
Page 17 of 19
141
of this Ord. �:,.dllce 31:'J OrCZ ?i" r p i ,rA -142
e s,, or a previous ;�a5',:e;�ater C��iscilarge
perrni..t issued hereunder, unless Bach 013 e r f':.rSt files a
satisfactory bond, payable t:o the I i , le Rock Sanitary Sewer
('oTmm f-t h
e- - }
' 1-1-L t e �TL11 ] '_
-y, in a sum -not tJ exceed a iTal -ue
determined by the Manage: to be neces=ax'y Lo achieve CC'mpl4ani:�',
10.2 Liability Insurance
The Manager may decline to issue: a wastewater- discharq,
permit to any User who has failed to comply wi tfi the prcv;.s i_ons
of this Ordinance, or violated any order, or a previous
wastewater discharge permit issued hereunder; unless that User
first submits proof that it has obtained financial assurances
sufficient to restore or repair damage to the POTW caused :-y its
discharge.
10.3 Public Nuisances
Any violation of this Ordinance, wastewater discharge
permit, or orders issued hereunder, is declared a pu.bl.ic r.ui_>af.:.CC
and shall be corrected or abated as d:srected lby tJne. MIa.t3.:1ge..': or
his designee. Any person(s) creating a l-- ,.blic n1- )J _sa�,ce s ?,311 ':,z
subject to the provisions of the City Code § 20 - -�2 gOlT rn. in.q
nuisances, including reimbursing the Utility for any costs
incurred in removing, abating; or remedying said nuisance. Any
discharger which makes, causes, or allows a prohibited discharge
which causes additi.anal expense or costs t0 ha_rdle and. treat Cnch
discharge or to correct damages caused by such ai.3c arge :il?�l 'C,-
required to reimburse the UILi-li-ty for such cost c--c- expense
SECTION 11 - SEVERABILITY
The provisions of this Ordinance are severable, and if a.nv
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.
11.1 Repeal of Prior Ordinances
All Ordinances and parts of Ordi.nancps inconsistent or
conflicting with. any part of this Ordinance are _sere )y repealed
to the extent of such inconsistancy or conflict, includi_1gr :, ,,r.
not limited to Articles I, II, III, IV, V, X, XT, and XI_{. of
Ordinance No. 15,344 passed on September 1, 1987.
Page 1.8 of 19
143
SECTION 12 AUTHORITY OF LITTLE ROCK SANITARY SEWER COMMITTEE
ZE- FECTIVE DATE, AND DECLARING AN EMERGENCY
The Cite 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 u1e 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 immediaZe
preservation of the public peace, health. and safety, shall be in
full force and effect immediately after its passage and approval.
PASSED: March 16, 1999
APPROVED:
:l-lu ( 1 0
MAYOR JIM DAI
ATTEST:
CITY CLERK ROBBIE HANCOCK
APPROVED:
TOM CARPENTER, CITY ATTO N
PREPARED BY:
Don F. Hamilton, General Counsel.
Little Rock Wastewater (3tility
221 E. Capitol
Little Rock, AR 72202
Ark. Sup. Ct. #63022
(501) 688 -1403
Page 19 of 19
ORDINANCE NO. 17,963
AN ORDINANCE TO AMEND CHAPTER 36 OF
THE LITTLE ROCK, ARKANSAS CODE OF
ORDINANCES TO MODIFY LANGUAGE WITHIN
SECTION 36 -67 FOR THE PURPOSE OF
REVISING THE MEMBERSHIP OF THE BOARD
OF ZONING ADJUSTMENT.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS.
SECTION 1. Chapter 36, Section 36 -67(a) of the Little
Rock Code of Ordinances is hereby amended to read as follows:
Sec. 36 -67. Members.
(a) The board of zoning adjustment shall
consist of five (5) members who are appointed by
the city board of directors. One (1) member of
the board shall be an architect /planner, one (1)
member of the board shall be a civil engineer,
one (1) member of the board shall be a member of
the Little Rock Real Estate Board, and two (2)
members of the board shall be from the citizenry
at large. The term of office for the members of
the board shall be for three (3) years.
SECTION 2. This Ordinance shall take effect from and
after its passage.
PASSED: March 16, 1999
ATTEST:
el
City Clerk Robbie Hancock
APPROVED:
r r
Ma o Jim Dailey
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