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2022-10-11 - Agendas - FinalCITY OF FAYETTEVILLE %PF ARKANSAS MEETING AGENDA Water, Sewer, and Solid Waste Committee 11 October 2022 5:30 P.M. (Or immediately following City Council Agenda Session) This is a Virtual Meeting Committee: Council Member Teresa Turk, Council Member Sloan Scroggin, Council Member D'Andre Jones, Council Member Mike Wiederkehr Copy to: Mayor Lioneld Jordan, Paul Becker, Susan Norton, Kara Paxton, Kit Williams, Chris Brown, Alan Pugh, Terry Gulley, Peter Nierengarten, Brian Pugh, Andrea Foren, Mark Rogers, Corey Granderson, Aaron Watkins, Greg Weeks, Jan Guy From: Tim Nyander, Utilities Director CALL TO ORDER ROLL CALL UPDATES OLD BUSINESS: 1. Sanitary Sewer Evaluation Study and Smoke Testing Discussion on notification procedures on smoke testing sewer mains. NEW BUSINESS: 2. Water & Sewer Service Lines Discussion of city/customer responsibilities water and sewer service lines. 3. Jacobs Annual Report Presentation of the 2021 Annual Report involving Wastewater Treatment activities. 4. Overview of WWTP Monthly Report August's Monthly WWTP Report PRESENTATIONS 2021 Jacobs Annual Report — Jan Guy, Project Manager 1 ATTACHMENTS ADJOURN Next Water, Sewer, Solid Waste Committee meets on Tuesday, November 8th, 2022, at 5:30 p.m. OP-02 Page 1 of 6 CITY OF FAYETTEVILLE, ARKANSAS POLICY AND PROCEDURE Subject: WATER SERVICE LINE AND CONNECTION POLICY Policy Number: OP-02 Original Policy Date: June 23, 1988 Effective Date of New/ Policy: August 1, 2005 Revision Dates: July 21, 2005 Custodian: (Division) WATER AND WASTEWATER Mayor's Signature and Date OP-2.0 PURPOSE: To establish a uniform policy concerning water service lines and water service connections. OP-2.1 POLICY General. There have been numerous pipe configurations installed underground since the City of Fayetteville's water system was first designed and installed in 1889. This policy is correct and appropriate for over 99% of the situations found. It does not eliminate using sound judgment for the remaining 1% of the cases. Judgment calls shall be the responsibility of the Mayor or his designated representative, who is currently the Water/Sewer Maintenance Superintendent. Grandfather clauses do not apply in cases where public health and safety is compromised, and thus do not apply for water system issues. 1. Tapping Procedures. A. Making Taps. The City will make or supervise all taps on existing water mains, either by City crews making the tap or by contract supervised by the City Engineering inspectors. B. When the tap is purchased, the City will provide a wooden stake that is marked "water" and with the size of the connection to be made. Please drive this stake in the ground on the City side of your property line where the center of the meter box is to OP-02 Page 2 of 6 be located. If this is not done, the connection will not be made. Failure to place the stake promptly could delay your construction process. C. Double water service connections should be placed at the common property line for the two addresses being served, when applicable. D. The meter box will be installed at the existing grade unless otherwise specified. If special instructions are necessary, please make an appointment with a Water and Sewer Division service representative and give instructions at that time. Making a special note and attaching it to the tap paperwork when the tap is purchased will reduce potential delays for special requirements. The owner is responsible for knowing the final grade, as required by the owner's work or ordinances which govern the grade for sidewalks and trails, and areas parallel to streets, drainage ways, etc. E. Meter boxes are generally located on the City side of the property line (edge of easement and/or right of way). If you have a special situation, consult with a Water/Sewer Department service representative. Deviations are only approved on a case - by -case basis, and may not be approved. If the Water/Sewer Department feels the meter box needs to be located at a different location other than where staked, a field representative will contact the individual who purchased the tap. F. When locating your meter box, please avoid the following: driveways, sidewalks, parking lots, enclosed areas, drainage ditches, flower beds, and low areas where water stands. Meters shall not be installed in or allowed to remain in driveways or areas where meter readers cannot easily get to the meter box to read the meter. They will not be installed in locations where the meter box will regularly be filled with ground water, nor in places where it is difficult for a meter reader to get to the meter to read it. When driveways are constructed or created with either gravel, asphalt, concrete, or any other similar material, existing water meters shall be moved out of the driveway area at the owner's expense. G. The connection to the customer's side of the meter is done by the customer's plumber after the meter loop and box is in place. The plumber will tie the yard line to the service pipe that is stubbed out of the meter box, City crews will not make this connection. Pressure regulators shall be installed no closer than 5 feet from the water meter box. H. Connections are made on a first come first served basis, and could take three to six weeks or more to be installed, depending on workload. In cases of connections in or adjacent to Arkansas State Highways or railroads, a permit must first be obtained which often takes up to an additional six weeks. This will greatly lengthen the tap process. I. City water connections shall be made at least ten (10) feet away from sewer connections. The City portion of the water service shall have ten (10) feet of separation from the sewer service, measured from the outside of the respective pipes. OP-02 Page 3 of 6 J. Connections shall not be made in circumstances where they will degrade the operating pressure or flow available to existing domestic or building water meters. In these cases, the owners requiring the connection shall be responsible for increasing the capacity on the City's water distribution system such that the required capacity is available. 2. Water Meter Adjustments. If City crews have to return to the site to make any adjustments on the meter box which are necessitated because of the property owner's change of plans, such as landscaping, driveway location, grade, etc., all labor, materials and equipment costs shall be charged to the owner. This also applies to meters which are installed by a developer when a development is first constructed and to preexisting meters. 3. Service Line Depth. A water service line must have at least 24" of ground cover to prevent freezing. If the grade is changed such that the service line does not have sufficient cover, the service line must be lowered so that it does have sufficient cover. The labor, materials and equipment costs will be charged to the owner. 4. Access to and Visibility of Water Meters. A. Brush, landscaping or other items which cause the meter box to be difficult to see from the right-of-way or easement, or which causes difficulty for meter readers to get to the box, shall be removed at the owner's expense. This includes plants, decorative landscaping, retaining walls, private side walks, stairs, decks, large decorative rocks, concrete statues, and other similar items. These shall not be placed over the City's portion of the service line or within two feet of the box on the customer's side of the box, three feet of the box parallel to the edge of the right of way or easement, or at all on the City's side of the right of way or easement. B. Meters shall be accessible without going through fences or gates except in special circumstances. C. Meters shall he placed on the City side of any private retaining walls of any type, including those constructed immediately beside the sidewalk. The City portion of the service line shall not go under any type of private wall or other structure. 5. Owner Responsibility. The owner is responsible for the service line from the outside edge of the meter box to the home. This includes the point where the plumber hooks up to the tail piece which comes out of the meter loop, and any pressure regulator or other hardware installed on the owner's side of the meter box. 6. Irrigation Taps. The City reserves the right to refuse to make irrigation taps, if said tap has the potential to degrade the operating pressure or flow available to domestic or building water meters. In general, irrigation taps shall not be made on mains which are 3" or smaller. Irrigation meters and irrigation systems shall not be installed on double OP-02 Page 4 of 6 meters servicing another residence, as this can degrade the other residence's water pressure. The City must maintain positive control over the amount of flow on marginal irrigation installations, The City shall not rely on verbal or written commitments from the owner, as owners change and companies and individuals operating and maintaining irrigation systems can not be reasonably expected to pass information regarding agreed upon flow restrictions through the life of the irrigation system. Flow tests shall not be used to change this policy, as the water line flow will gradually degrade with time and with peak usage, and the flow test represents only the best case situation. 7. Two Inch Taps. Two inch taps shall not be made on any mains 3" or smaller. If a customer requires a two inch (2") tap and if said tap has the potential to degrade the operating pressure or flow available to other domestic or business meters, then the customer, at his expense, shall be responsible to reinforce the water distribution system such that the point demand from the two inch meter shall not degrade the operating pressure or flow available to other domestic or business meters. 8. Sewer Service Required. Water services can not be installed until after the lot has legal, approved and installed access to public sewer or an a septic system approved by the Arkansas Department of Health. 9. Relocating Existing Meters. Meters are typically located on the City side of the easement or right of way. In the past, some meter boxes were placed further in the property than the easement or right of way. These meters shall be moved to the property line at such time as the City side of the meter loop needs work or needs to be replaced. The existing yard line will remain in service as long as it meets the current plumbing codes and has had no documented problems. The new meter location will conform to this policy. Meters shall be placed on the City side of any private retaining walls of any type, including those constructed immediately beside the sidewalk. The City portion of the service line shall not go under any type of private wall, sign, or other structure. Meters shall not be allowed to remain in a driveway. 10. Site Restoration. In the event maintenance work is required on a service line, meter, or meter box, the site restoration will match that done for main line repairs. The utility shall repair only the following in an easement area or within two feet of the meter box: grass, asphalt, normal (standard) concrete, irrigation systems which are damaged, mail boxes which are damaged, and/or private wiring (such as for on -premises lighting, etc.) which is damaged. The City shall not pay for relocation, repair, or damage caused to any landscaping, unusual concrete, plants, planters, playground equipment, decorative rock, rip rap, and other items placed on the easement or within two feet of the meter box. The latter items can be removed by the City, at the owner's expense, if their movement is required to make a repair. OP-02 Page 5 of 6 11. Water Service Line Location. A. Crossing Public Easements or Rights of Way. The customer's portion of a water service line shall not be installed in a public easement or right of way, except for the last two feet required to access the meter box. B. Service Line Crossing Adjacent Lots. Water service lines must run directly from the lot which they serve to the main without crossing another lot. The service may cross street right of way and/or the easement to access the main. It may not run parallel to the main, but can run at an angle between 450 to and perpendicular to the main. Ownership is not the deciding factor; lot lines and separate property parcels are the deciding factor. Thus, if one owner owns two adjacent lots, and builds on one lot, the service for this structure and lot cannot cross the other lot. 12. Water Mains Accessing Every Lot. Water distribution mains shall be installed so as to adjoin each lot such that all service lines meet the above requirements. Installing and paying for water main extensions is the responsibility of the owner of the lot receiving the service. 13. More Than One Water Main Available. In cases where more than one water main is available to a given lot, the City reserves the right to decide which main may be used to provide service to that lot. This is required in cases where some mains are on different pressure planes, where some lines have a longer life expectancy than others, etc. 14. Water Easements for Private Lines. Water line easements for private lines to cross adjacent lots are prohibited except in very rare cases. In general, these are when a given for private residence tandem lot containing only one structure which requires water service, wherein the lot is "landlocked" from a water main, all adjacent lots have legal access to a main, and the water line easement is collocated with an above ground access easement. Private easements shall not be used in cases where water main extensions are in the public best interest, such as where a water line shall be made accessible to other lots, where a future main may be required, where a water main loop is desirable to provide better public service, or where fire protection is required. 15. Use of old building water service lines with new or renovated buildings. Old building water service lines may be used in connection with new buildings only when they are found on examination and test by the approving authority to meet all current plumbing requirements. Complete remodeling is included in the definition of "new building" if the remainder of the plumbing system is being replaced and must meet current plumbing codes, or if the value of the renovation is equal or grater than 50% of the value of the structure. The cost of this examination and test is borne by the Owner. In these cases, a new tap should be purchased, with a note that the Owner would like to use the existing service line. If the latter is determined to be acceptable, then the Owner will be reimbursed the OP-02 Page 6 of 6 tapping fee less the actual cost of the inspection and testing. It is the owner's responsibility to identify the location of the service line. 16. Taps Prohibited on Transmission Mains and on Water Tank or Pump Station Sites. Individual user water taps shall not be made on transmission mains, defined as any water main 16" and larger. Main line extensions off of transmission mains shall only be approved on a case by case basis, and may be rejected. Individual user water taps shall not be made on water tank or pump station sites. Taps for lots adjacent to these sites shall only be made on the distribution (as opposed to transmission) mains outside these sites. 17. Water Pressure Provided. A. The City shall provide normal operating water pressure of at least 25 pounds per square inch (psi) at the City's side of the meter loop. The City does not guarantee this water pressure at all times, as the pressure will occasionally be lowered or the mains may have to be turned off for scheduled and unscheduled maintenance. It is possible that some customers at some locations shall need a pump on their side of the meter to provide the pressure desire for their water use. These pump systems cannot have such capacity that they reduce pressure on the City's main such that degrade the operating pressure or flow available to existing customers. B. Taps shall not be made for locations where there is not a reasonable expectation of the City being able to provide 25 psi operating pressure at the City's side of the meter under summer high flow operating conditions. C. The water pressure at the City's side of the meter may exceed that for which domestic plumbing is designed. If the pressure at the City's side of the meter exceeds 70 psi, the owner is required to install a pressure regulator on his system on his side of the meter. The pressure regulator is the owner's property and responsibility. 18. Access to Easements, The City of Fayetteville is required by federal law to properly operate and maintain its utilities. Doing this requires periodic work on said utility system to include but not limited to clearing easements, checking valve boxes, raising, exercising and operating valves, installing and inspecting marking signs, locating lines and more. In order to do this work, City employees and contractors working for the City are required by law to access the pipe. This often requires crossing private property to get to our easement. By having an easement on a lot, these workers are granted the legal right to cross said lot to get to the utility easement. Lots containing an easement shall have a gate installed to allow vehicular access to the main. OP-01 Page 1 of 10 CITY OF FAYETTEVILLE, ARKANSAS POLICY AND PROCEDURE Subject: SEWER SERVICE LINE AND CONNECTION POLICY Policy Number: OP-01 Original Policy Date: June 23, 1988 Effective Date of New/Revised Policy: August 1, 2005 Revision Dates: July 21, 2005 Custodian: (Division) WATER AND WASTEWATER Mayor's Signature and Date OP-1.0 PURPOSE: To establish a uniform policy concerning sewer service connections and sewer service lines. 1011us 06111[WF General. There have been numerous pipe configurations installed underground since the City of Fayetteville's sewer system was first designed and installed in 1889. This policy is correct and appropriate for over 99% of the situations found. It does not eliminate using sound judgment for the remaining 1% of the cases. Judgment calls shall be the responsibility of the Mayor or his designated representative, who is currently the Water/Sewer Maintenance Superintendent. Grandfather clauses do not apply in cases where public health and safety is compromised, and thus do not apply for sewer issues. Ordinance references are based on the City of Fayetteville Code of Ordinances as in effect on 1 April, 2003. 1. Connection permit required. [Section 51.035, City of Fayetteville Code of Ordinances]. "No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb, any public sewer or appurtenance thereof without first obtaining a written permit from the approving authority. No permit shall be issued to allow any person to tie his property to the sewer system until the connection fee prescribed by Section 51.114 as presently amended or as may be amended in the future is paid. " OP-01 Page 2 of 10 2. Separate building sewer provided for every building;, exceptions. [Section 51.039, City of Fayetteville Code of Ordinances]. "A separate building sewer shall be provided for every building except as follows: (A) Where multiple buildings are constructed in an apartment complex or condominium on a single lot or tract of land which cannot be subsequently subdivided and sold in parcels, the individual buildings may be connected to a collector building sewer, provided that only one person is responsible for maintenance of the building sewer. (B) Temporary buildings, mobile homes, or similar portable structures may be connected to a building sewer installed to serve a previously constructed permanent building, provided that both the permanent and temporary buildings are located on the same lot. " The temporary status is null and void if the structure is in place for more than 365 days. At that time, a separate building sewer must be provided. Two buildings, or two parts of one building which may have different owners (i.e., townhouses) may not be attached to one 4" or 6" private service line. This has never been legally allowed. If two buildings, or two parts of one building which may have different owners, are attached to a single private service line, this situation must be corrected by the owners and each structure must have a dedicated tap onto the main. The only exceptions are listed above. Multiple structures hooked to one sewer service line are not covered by any grandfather clause, and the situation must be corrected. Condominiums and other structures which can have separate ownership must each have their own dedicated sewer service line which remains on the same lot/property as the building or portion of the building which it serves. 3. Service Line Crossing Adjacent Lots. Sewer service lines must run directly from the lot which they serve to the main without crossing another lot. The service may cross street right of way and/or the easement to access the main. It may not run parallel to the main, but can run at an angle between 450to and perpendicular to the main if the main is already installed prior to the development of said land and said service line will be no more than 60' in length within the combined easement/right of way area. Ownership is not the deciding factor; lot lines or parcel lines are the issue. Thus, if one Owner owns two adjacent lots, and builds on one lot, the service for this structure and lot cannot cross the other lot. If the service line would have to be more that 60' in length within the combined easement/right of way area, then the main must be extended so the service line can connect at a 90 ° angle to the main. 4. Sewer Mains Accessing Every Lot. Sewer mains shall be installed so as to adjoin each lot such that all service lines meet the above requirements. Sewer main extensions are the responsibility of the owner of the lot receiving the service. 5. Sewer Easements for Private Lines. Sewer line easements for private lines to cross adjacent lots are prohibited except in very rare cases. In general, these are when a given OP-01 Page 3 of 10 private residence tandem lot, containing only one structure which requires sewer service, is "landlocked" from a sewer main, all adjacent lots have legal access to a main, and the sewer line easement is collocated with an above ground access easement. Private easements shall not be used in cases where sewer main extensions are in the public best interest, such as where a sewer main shall be made accessible to other lots or where a future main may be required. 6. City and Owner Service Line Maintenance and Repair Responsibilities. There are two general situations which cover sewer service line configurations in the City of Fayetteville. The following two paragraphs explain City and Customer responsibilities for each of these situations. A. Situation 1, No City Cleanout is Present. If no City cleanout is present, the Customer owns the service lateral all the way to the main. They are responsible for any and all repairs, clearing any blockages, etc., with the following caveat. If there is a blockage under the paved or concreted portion of the street (from a vertical line drawn at the back of curb to the back of curb, or from the actual edge of the asphalt if no curb is present) which cannot be cleared via rodding or washing, then the City will repair the pipe under the street. If the blockage is determined to be caused by anything which should not be placed in a sewer line (grease, paper towels, toys, croquet balls, cleanout caps, sticks, gravel, kitty litter, or any other materials which are not allowed per the sewer use ordinance) then the Customer will be billed for the work. The burden of proof of the location of the blockage rests on the Customer. The City will meet the Customer or their representative (plumber, rooter, etc.) and try to help them determine the location of the blockage. The City will not place a City owned rod, camera, tape, or other item into the Customer's cleanout or sewer system to determine the location of a blockage- anything placed inside the pipe at this time must belong to or be working for the Customer. If the combined forces determine beyond a reasonable doubt that the blockage is under the street, then we will investigate as necessary to determine what type of repair is necessary. This is the only time we will place City tools inside the Customer's piping system. If there used to be a City cleanout and the cleanout has been removed or damaged, then the situation is the same as when there is no City cleanout present. If the blockage is outside the area of the paved or concreted portion of the street (from a vertical line drawn at the back of curb to the back of curb, or from the actual edge of the asphalt if no curb is present), then the City grants the property owner who owns the service line the right to perform maintenance on said service line within the easement and/or right of way. This includes work performed on both sides of the road or right of way, to include work performed under a sidewalk. OP-01 Page 4 of 10 B. Situation 2, City Cleanout is Present. A City cleanout is defined as a 4" cleanout located behind the curb or at the easement line (for back yard lines). These cleanouts are typically within 10' of the edge of the roadway or within 10' of the main, respectively. Cleanouts smaller than 4" are never City cleanouts, and are always the responsibility of the property owner. When a City cleanout is present, the City assumes ownership and responsibility for any blockages between the City cleanout and the main, and which can be cleared by rodding from the City cleanout. If the blockage is determined to be caused by anything which should not be placed in a sewer line (paper towels, toys, croquet balls, cleanout caps, sticks, gravel, kitty litter, or any other materials which are not allowed per the sewer use ordinance) then the owner will be billed for the work. Any blockages prior to the City cleanout shall be the Customer's responsibility. This includes any work to attach to the Customer's side of the tee or wye where the cleanout riser ties to the service lateral. 7. Billing. If a bill is required, the bill will be processed through the accounts receivable process, rather than by being added to the Customer's utility bill. If the bill is not paid or payment terms negotiated within 60 days of first issuance, then the bill will be transferred to the utility bill. Job costs will be based on an actual time and materials basis. Personnel rates will include the full hourly salary costs. 8. Use of old building sewers with new buildings. [Section 51.040, City of Fayetteville Code of Ordinances'. "Old building sewers, or portions thereof, may be used in connection with new buildings only when they are found on examination and test by the approving authority to meet all requirements of this subchapter. " Complete remodeling is included in the definition of "new building" if the remainder of the plumbing system is being replaced and must meet current plumbing codes, or if the value of the renovation is equal or grater than 50% of the value of the structure. The cost of this examination and test is borne by the Owner. Current Environmental Protection Agency regulatory requirements and plumbing codes require that the lines be completely water tight and capable of passing a test with pressurized air. In these cases, a new tap shall be purchased, with the note that the Owner would like to use the existing service lateral. If the latter is determined to be acceptable, then the Owner will be reimbursed the tapping fee less the actual cost of the inspection and testing. It is the owner's responsibility to identify the location of the service lateral. 9. Separation Between Water and Sewer Services. City sewer connections shall be made at least ten feet away from water connections. The sewer service shall have ten (10) feet of separation from the City portion of the water service, measured from the outside of the respective pipes. OP-01 Page 5 of 10 10. Service Line Unusual Installation Requirements. A. Exposed Ditch or Creek Crossings. To protect such service lines from the hazards of water flow, debris damage, freezing, leakage, drainage system maintenance, vandalism, and other factors, sewer service lines which are exposed or which have less than 12 inches of cover where they pass through or under a drainage ditch, creek, swale, intermittent stream, or any other feature whereby they have insufficient cover and/or are exposed shall have special protection in these areas. Sewer service lines in these circumstances shall be installed in a continuous smooth steel encasement across the entire exposed or shallow area. Water tight boots shall be installed on both ends of the steel encasement. Where the line is exposed, the encasement shall be anchored by concrete no less than two feet long along the length of the pipe and surrounding the pipe by six inches in all directions inside the bank. The concrete shall be placed against undisturbed soil in the same fashion as blocking on water lines. B. Pump Systems. Pump systems are sometimes required in the City of Fayetteville to provide sewer service to facilities which are physically lower than the sewer main which provides them service or in other special cases. Pumps for these type systems shall be grinder or solids handling type pumps specifically designed to handle sanitary sewage, the flow volume, and to pump against the head for the specific circumstance in which the pump is installed. Pumps designed for use with septic systems and for ground water sumps shall not be used for sanitary sewer uses. If physically possible, the service lines that come from these pumps shall flow to a gravity section of service lateral prior to entering the sewer main so as to enter the main with a standard four inch gravity flow service lateral connection. 11. Tapping Procedures. A. Making Taps. The City will make all taps on existing sewer mains, either by contract supervised by the City or by City crews. B. The City will provide a wooden stake that is marked "sewer". Please drive this stake in the ground at your property line where you need the service connection. If this is not done, the connection will not be made. Failure to place the stake promptly could delay your construction process. C. Write the desired depth of the service connection on the stake in feet and inches. (Note: Due to the depth of the sewer main, conflicts with other existing utilities, and other underground circumstances, it may not be possible at all times to achieve the desired depth, in which case the Owner and/or plumber will be notified by the City personnel). It is the owner's responsibility to determine if the depth is adequate for the service line. The City will not determine grades on either the service or the mains for purposes of determining whether a structure can tie onto a main using a gravity line. D. It is safer to wait for the service connection to be installed by the City so that the yard line's grade can be adjusted accordingly. This will assure that unnecessary OP-01 Page 6 of 10 bends will not be needed at the point of connection. Also, the plumber will have the exact depth to work with. The builder and/or plumber are responsible for determining grades and building elevations for service. The grade on the City installed portion of the service line can be affected by a number of factors which cannot be identified prior to installation, to include location and depth of other utilities, etc. E. The City service connection will terminate at the property line. However, the customer will be responsible for maintenance of that service line from the building to the City main. F. If the service connection exceeds sixty (60) feet in length (as in a street right- of-way crossing) the property owner will be charged for the excess footage. Prior arrangements must be made for long service connections. All other sewer service connections will consist of one joint of pipe or approximately ten (10) feet. In no case will the line stub out beyond the easement or right-of-way line. G. If the excavation for the tap exceeds eight (8) feet in depth, the property owner may be charged for excess time required to make the connection. Prior arrangements must be made for deep service connections. H. Permanently marking the location of the sewer service connection for future reference shall be the responsibility of the property owner. Unless the customer's plumber is on site, the City will backfill their entire excavation, to include the end of the stubbed out pipe, immediately. I. The stubbed out piece of service pipe (coming from the new tap on the main) will be left plugged when installed. The customer's plumber is required to connect the customer's yard line to this piece of pipe. City crews will not connect the stub out from the tap to the customer's service line. J. If the City crews have to return to the site to make any adjustments which are necessitated because of the property owner's change of plans, the labor, materials, and equipment will be charged to the owner. K. A new sewer connection could take as long as four to six weeks or more. All connections are made on a first -come first -served basis, and the demand can fluctuate greatly. Jobs adjacent to or on Arkansas State Highway rights of way require a permit from the Arkansas Highway and Transportation Department, which generally add an additional four weeks. Please allow enough time in your construction plans. 12. Taps Installed When Areas Are Developed. Sewer lines are generally installed when land is developed. Taps, with a section of private service line attached, are generally made for each lot at this time. The City and the lot owner rely on accurate information from the developer, his Engineer, and his contractor as to the location and grade of these taps and service lines. OP-01 Page 7 of 10 A. If a tap for a lot is installed when the sewer main is installed, the building on that lot is required to use the tap installed for that lot. B. If the service line coming off the main cannot be found by the owner or his representatives, then the owner is responsible to buy a tap from the City using the process described in this document. The Water/Sewer Superintendent will then determine if it is optimal to make a new tap or to televise to find the tap that is supposed to be present. If televising is performed and the cost of the televising is less than that of the purchased tap, then the difference between the two costs shall be reimbursed to the owner. If a tap is found by televising, the City will mark the location of the tap (at the main) for the owner. If no tap is found, the cost of the televising will not be added to the tapping fee. C. If a tap is not in the most desirable location due to slope, building design, etc., then all expenses related to making a different connection shall be paid by the owner. This includes installation of the new tap and proper abandonment of the tap which is not used. The latter involves excavating at the point of connection to the main and removing the connection to the main. The owner shall purchase a new tap paying the normal tap fee, and will pay the actual costs of abandoning the unused connection. D. Owners are responsible for hooking to the correct tap for that lot, as shown on the developer's as -built plans. If there is a discrepancy between the as -built drawings and the actual installation on the ground, that discrepancy must be resolved between the lot owner and the developer. If an owner inadvertently connects to a tap which is designated for an adjacent lot, then all costs of remediation for all involved lots shall be borne by the owner of the lot which connected to the incorrect tap. No additional taps shall be made until the lot which does not have a connection purchases a tap through the city Engineer's office, using the process described in this document. 13. Taps Prohibited on Transmission Mains Force Mains, and on Sewer Pump Station or Detention Basin Sites. For public health and building safety reasons, individual user or structure sewer taps shall not be made on transmission mains, defined as any sewer main 15" and larger, or any pressurized force mains. Dead end main line extensions off of transmission mains shall only be approved on a case by case basis, and may be rejected. Individual user sewer taps shall not be made on sewer pump station or detention basin sites. Taps for lots adjacent to these sites shall only be made on the collection (as opposed to transmission) mains outside these sites. 14. Control of Extraneous/Illegal Flows. It violates federal, state and local regulations to have any extraneous flows in the sewer system. These flows include but are not limited to rain water, ground water, sump pump water, water from area drains exposed to outside weather (including external stairwell drains, loading docks, etc.), defective pipe joints, defective cleanouts, cellar drains, catch basins, foundation drains, yard drains, and roof down spouts. These flows must be routed to the storm water system, and cannot be routed to the sewer system. Owners are responsible for maintaining their portion of the sewer system in such a way that these flows are prevented from entering the sewer system. OP-01 Page 8 of 10 A. Cleanout caps must be properly installed and must meet current plumbing codes. Caps shall not be removed to allow extraneous flows (ponded yard water, etc.) into the sanitary sewer system. B. If caps are removed such that they allow extraneous flows to enter the sewer system, the City shall replace the cap at the owner's expense. C. If the cap is removed after the first time the City replaces the cap, then a riser will be installed in the cleanout so that extraneous flows cannot enter the sewer system through the cleanout. All associated work will be billed to the owner. 15. Grease Control. Grease is a significant problem in our sewer system. Many people assume that running grease down the drain is okay, as long as they use plenty of hot water. Unfortunately, the hot water cools in the pipes, and the grease coagulates further down the line. Sometimes people assume that putting grease in the line through the garbage disposal or with cleansers is acceptable. These do not prevent the grease from coagulating in the pipes. No amounts of grease, cooking oil, animal fat grease or byproducts, cooking fats or solid animal fat or meat products can be put down any part of the sewer system. These materials should be disposed of in the trash. Grease covered pans or dishes should be wiped down first with a paper towel or rag, which should then be disposed of in the trash. 16. Items Which Are Allowed To Go Down the Sewer. A. Water from showers, bath tubs, dishwashers, laundry facilities, sinks and non - basement floor drains. B. Body wastes from toilets. C. Toilet paper. D. Household chemicals that are specifically designated for use in sinks, showers, and toilets. 17. Items Which Are Not Allowed To Go Down the Sewer. The following cannot be placed in a sewer system under any circumstances. Repair costs incurred due to a blockage caused by any of these items being placed in a sewer line, either intentionally or unintentionally, will be billed to the customer who owns or resides in the building to which the sewer line provides service. A. Grease of any type, to include cooking oil, cooking grease, cooked animal fats, etc. Grease should be handled as specified above. B. Meat, meat by products, animal fats. C. Paper towels. D. Feminine Hygiene Products, including those that claim to be "flushable." E. Any items greater than %2" in any measured dimension except body wastes and toilet tissue. F. Chewing gum. OP-01 Page 9 of 10 G. Household chemicals other than those specifically designated for use in sinks, showers, and toilets. H. Baby wipes and other similar wipes, including those that claim to be "flushable." I. Kitty litter. J. Animal wastes. K. Diapers. L. Foreign materials such as toys, sticks, cleanout caps, gravel, etc. M. Air conditioner condensate. N. Uncontaminated cooling water from cooling towers. If said water is too hot to be discharged into the storm drain, the owner is responsible to hold the water until it cools enough to be discharged into the storm drain. Cooling tower water which is treated, and is thus contaminated, shall be discharged to the sanitary sewer. O. Clean or uncontaminated natural water to include but are not limited to rain water, ground water, sump pump water, water from area drains exposed to outside weather (including external stairwell drains, loading docks, etc.), defective pipe joints, defective cleanouts, cellar drains, catch basins, foundation drains, yard drains, and roof down spouts. These flows must be routed to the storm water system, and cannot be routed to the sewer system. Owners are responsible for maintaining their portion of the sewer system in such a way that these flows are prevented from entering the sewer system. P. Automobile or engine mechanical lubricant liquids, semi -liquid materials or solids. Q. Wastewater having a pH less than 5.0 or more thean 12.5, or otherwise causing corrosive structural damage to the wastewater collection system, the wastewater plant or equipment. R. Wastewater having a temperature greater than 150 degrees Fahrenheit (65' Q. S. Pollutants which create a fire or explosive hazard, to include but not limited to liquids with a closed -cup flashpoint of less than 140 degrees Fahrenheit (60' Q. T. Pollutants which result in the presence of toxic gasses, vapors, or fumes within the collection system or wastewater treatment plant which may cause the potential for acute worker health and safety problems. U. Wastewater which imparts color which cannot be removed by the treatment process, to include but not limited to dye, wastes and vegetable tanning solutions which consequently impart color to the treatment plant's effluent. V. Any radioactive wastes or isotopes except in compliance with applicable federal or state regulations and approved by the City. W. Medical wastes. 18. Access to Easements. The City of Fayetteville is required by federal law to properly operate and maintain its utilities. Doing this requires periodic work on said utility system to include but not limited to clearing easements, adjusting manholes to grade, inspecting manholes and cleanouts, installing and inspecting marking signs, locating lines, testing lines with dye and smoke, televising lines, washing lines, and more. In order to do this work, City employees and contractors working for the City are required by law to access the pipe. This often requires crossing private property to get to our easement. By having OP-01 Page 10 of 10 an easement on a lot, these workers are granted the legal right to cross said lot to get to the utility easement. Lots containing an easement shall have a double wide gate installed to allow vehicular access to the main. TITLE V PUBLIC WORKS CHAPTER 51: WATER AND SEWERS ARTICLE I WATER USAGE REGULATIONS 51.001 WATER SHORTAGES.................................................................................................................... 5 51.002 WATER METERS............................................................................................................................5 51.003 UNAUTHORIZED OPENING OR CLOSING OF FIRE HYDRANTS..............................................6 51.004 INTERFERENCE WITH WATER SYSTEM PROPERTY................................................................6 51.005-51.034 RESERVED..........................................................................................................................6 ARTICLE II BUILDING SEWER AND CONNECTIONS 51.035 CONNECTION PERMIT REQUIRED..............................................................................................6 51.036 BUILDING SEWER PERMITS; TERM; RENEWAL.......................................................................6 51.037 SERVICE TO PROPOSED AND EXISTING ESTABLISHMENTS.................................................6 51.038 COSTS AND EXPENSES OF PERMITS AND CONNECTION OF BUILDING SEWER; INDEMNIFICATION.........................................................................................................................7 51.039 SEPARATE BUILDING SEWER PROVIDED FOR EVERY BUILDING; EXCEPTIONS...............7 51.040 USE OF OLD BUILDING SEWERS WITH NEW BUILDINGS.......................................................7 51.041 STANDARDS FOR CONNECTION OF BUILDING SEWER TO PUBLIC SEWER.......................7 51.042 SIZE, SLOPE, AND ALIGNMENT...................................................................................................7 51.043 ELEVATION OF DRAINPIPE; ARTIFICIAL LIFTERS...................................................................7 51.044 SOURCES OF SURFACE RUNOFF OR GROUNDWATER..........................................................8 51.045 EXCAVATIONS; BARRICADES AND LIGHTS..............................................................................8 51.046 INSPECTION OF CONNECTION TO PUBLIC SEWER.................................................................8 51.047 CONTROLS FOR INDUSTRIAL WASTE DISCHARGES THROUGH BUILDING SEWERS ........ 8 51.048■51.069 RESERVED..........................................................................................................................8 ARTICLE III DISCHARGE AND PRETREATMENT REGULATIONS 51.070 PURPOSE........................................................................................................................................8 51.071 APPLICABILITY..............................................................................................................................9 CD51:1 51.072 ADMINISTRATION..........................................................................................................................9 51.073 ABBREVIATIONS...........................................................................................................................9 51.074 DEFINITIONS..................................................................................................................................9 51.075 GENERAL SEWER USE REQUIREMENTS.................................................................................12 51.076 PRETREATMENT OF WASTEWATER........................................................................................15 51.077 WASTEWATER DISCHARGE PERMIT APPLICATION..............................................................16 51.078 WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS.................................................17 51.079 REPORTING REQUIREMENTS....................................................................................................20 51.080 COMPLIANCE MONITORING......................................................................................................23 51.081 CONFIDENTIAL INFORMATION..................................................................................................24 51.082 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.............................................24 51.083 ADMINISTRATIVE ENFORCEMENT REMEDIES........................................................................25 51.084 JUDICIAL ENFORCEMENT REMEDIES......................................................................................26 51.085 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.......................................................27 51.086 MISCELLANEOUS PROVISIONS................................................................................................29 51.087 SURCHARGE................................................................................................................................29 51.088.51.109 RESERVED........................................................................................................................30 51.110 CONNECTION REQUIRED...........................................................................................................30 51.111 ASSESSMENT PROCEDURE FOR IMPROVEMENT OR CONSTRUCTION OF WATER OR SEWERLINES..............................................................................................................................31 51.112 WATER SERVICE AND EXTENSION POLICY............................................................................31 51.113 SEWER SERVICE AND EXTENSION POLICY............................................................................33 51.114 WATER, SEWER TAP CONNECTION FEES...............................................................................33 51.115 RESERVED...................................................................................................................................34 51.116-51.134 RESERVED.......................................................................................................................34 51.135 SERVICE DEPOSITS....................................................................................................................34 51.136 MONTHLY WATER RATES..........................................................................................................35 CD51:2 51.137 MONTHLY SEWER RATES..........................................................................................................38 51.138 DEFINITIONS PERTAINING TO WATER AND SEWER RATES................................................41 51.139 REVIEWS OF WATER AND SEWER RATES, NOTIFICATION TO USER.................................43 51.140 WATER BILLING PROCEDURE..................................................................................................43 51.141 SEWER BILLING PROCEDURE..................................................................................................44 51.142 REDUCTION OF RATES...............................................................................................................44 51.143 TURNING -ON OF WATER; FEES................................................................................................45 51.144 FILLING WATER TANKS ON COMMERCIAL TRUCKS; RATES...............................................45 51.145 ADDRESS NUMBER REQUIREMENTS.......................................................................................45 51.146 BACKFLOW PREVENTION..........................................................................................................47 51.147-51.998 RESERVED........................................................................................................................49 51.999 PENALTY......................................................................................................................................49 CD51:3 CD51:4 CHAPTER 51: WATER AND SEWERS ARTICLE I WATER USAGE REGULATIONS 51.001 Water Shortages (A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. Person. Any person, firm, partnership, association, corporation, company, or organization of any kind. Water. Water from the city water supply system. (B) The provisions of this section shall apply to all persons using water both in and outside the city. (C) The mayor, or his/her duly authorized representative, is hereby authorized to prohibit the use and withdrawal of water by any person when there is an impending shortage of water for any one or more of the following purposes: (1) Watering yards. The sprinkling, watering, or irrigation of lawns, grass, or ground cover. (2) Watering other vegetation. The sprinkling, watering, or irrigation of shrubbery, trees, plants, vines, gardens, vegetables, flowers, or any other vegetation. (3) Washing mobile equipment. The washing of automobiles, trucks, trailers, trailer -houses, railroad cars, or other types of mobile equipment. (4) Cleaning outdoor surfaces. The washing of sidewalks, driveways, filling station aprons, porches, and other outdoor surfaces. (5) Cleaning buildings. The washing of the outside of dwellings; the washing of the inside and outside of office buildings. (6) Ornamental fountains. The operation of any ornamental fountain or other structure making a similar use of water. (7) Swimming pools. Swimming and wading pools not employing a filter and recirculating system. (D) Notice of prohibitions shall be published once in a newspaper of general circulation in the city. (E) The county sanitarian shall have the authority to CD51:5 permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards. (F) The water and wastewater director shall have available and furnish all records necessary to determine the usages of water restricted under the terms of this section. (G) Every police officer of the city shall, in connection with his duties imposed by law, diligently enforce the provisions of this section. (H) The mayor or his/her duly authorized representative shall have the authority to enforce the provisions of this section by the discontinuance of water service in event of violation hereof. (Code 1965, »21-1.1--21-1.8; Ord. No. 1757, 8-17-70; Code 1991,§51.001) Cross reference(s)--Penalty, .51.999. State law reference(s).Cities of the first class - Operation by city in governmental capacity, A.C.A..14-234- 107; Powers of municipalities, A.C.A. .14-42-307; Public utilities and carriers. A.C.A..14-43-609. 51.002 Water Meters (A) Installation. Meters shall be installed at each connection with the city's water works system. The city shall operate and maintain all meters, whether owned by it or privately owned. (B) Tampering with meters. (1) It shall be unlawful for any person to tamper with any water meter furnished by the city, by breaking the seal of same with the intention of changing or altering the mechanism of such meter, or by changing or altering in any manner the mechanism of such meter. Nothing in this section shall be so construed as to prevent any employee of the city, when acting under the authority of the superintendent of the water and sewer division, from changing, altering, or otherwise working with any meter furnished by the city. (2) In the event a water customer damages the meter set, meter or locking device, the city water and wastewater director, or a Water and Sewer Division employee designated by said superintendent, shall determine the cost of repairing said damage; or of replacing said equipment, if necessary; and said cost shall be billed to the due and payable in provisions of .51.140. FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS customer and shall be No unauthorized person shall uncover, make any accordance with the connection with or opening into use alter or disturb (3) If, after the city terminates water service for any reason, the customer tampers with the water meter and breaks the coupling or lock, water service shall not be reconnected until the customer pays a damage charge in the amount of $40.00 and the reconnection charge prescribed by .51.140 (13)(2), plus a charge of $5.00 per trip made by a water and sewer division employee to the damaged meter to repair or replace the broken coupling or lock. (Code 1965, .21-5, 21-12; Ord. No. 323, 11-7-13; Ord. No. 1165, 4-18-58; Ord. No. 2675, 11-4-80; Ord. No. 4223, 2-15- 00; Code 1991, §51.002) 51.003 Unauthorized Opening Or Closing Of Fire Hydrants It shall be unlawful for any person to open, close, tamper with, or molest any fire hydrant of the city. This section shall not apply to any authorized employee of the city or to any member of the fire department while in discharge of his duties. No person shall open or close any fire hydrant with a monkey wrench, chain wrench, pipe wrench, or any other device other than those provided for such use and kept by the superintendent of the Water and Sewer Division or the Fire Department. (Code 1965, .9-5; Ord. No. 274, 2-24-10; Code 1991, §51.003) Cross reference(s)--Penalty, .51.999. 51.004 Interference With Water System Property It shall be unlawful for any person to make connection with the water distributing system of the city or to open or close any valve, cutoff, cock, or other opening in any part of such distributing system. This section shall not apply to that part of the distributing system carrying water after it has passed through meters installed by the city. (Code 1965, .21-9; Ord. No. 805, 2-7-38; Code 1991 §51.004) Cross reference(s)--Penalty, .51.999. 51.005-51.034 Reserved ARTICLE II BUILDING SEWER AND CONNECTIONS 51.035 Connection Permit Required CD51:6 any public sewer or appurtenance thereof without first obtaining a written permit from the approving authority. No permit shall be issued to allow any person to tie his property to the sewer system until the connection fee prescribed by .51.114 as presently amended or as may be amended in the future is paid. (Code 1965, .21-56; Ord. No. 2677, 11-4-80; Code 1991, §51.035) Cross reference(s)--Penalty, .51.999. 51.036 Building Sewer Permits; Term; Renewal (A) Classes of permits. (1) There shall be two classes of building sewer permits: (a) for residential; and (b) for service to establishments producing industrial wastes. (2) In either case, the owner or agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the approving authority. (B) Permits for operation of building sewers through which industrial wastes are discharged into the city sewage works shall be valid for five years from the date of issuance, and may be renewed upon submission and acceptance of an application for renewal. (Code 1965, .21-57, 21-60; Ord. No. 2677, 11-4-80; Code 1991,§51.036) Cross reference(s)--Penalty, .51.999. 51.037 Service To Proposed And Existing Establishments (A) For permits for service to proposed establishments producing industrial wastes, the owner or agent shall, as a supplement to the permit application, furnish to the approving authority evidence that a permit for such construction, installation, modification, and/or operation has been obtained from the state pollution control commission as required by state I aw. FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS (B) Owners or agents of existing establishments discharging industrial wastes into the city sewage works shall apply for a permit for continued existing operation within 30 days after receipt of notification in writing by the approving authority that such a permit is required for continued operation. Permits for continued existing operation by establishments discharging industrial wastes into the city sewage works may be issued by the approving authority within 90 days of receipt of an acceptable application. (Code 1965, » 21-58, 21-59; Ord. No. 2677, 11-4-80; Code 1991,§51.037) 51.038 Costs And Expenses Of Permits And Connection Of Building Sewer; Indemnification All costs and expenses incident to the evaluation of a permit application and the issuance of a permit, 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. (Code 1965, .21-61; Ord. No. 2677, 11-4-80; Code 1991 §51.038) 51.039 Separate Building Sewer Provided For Every Building; Exceptions A separate and independent building sewer shall be provided for every building except as follows: (A) Where multiple buildings are constructed in an apartment complex or condominium on a single lot or tract of land which cannot be subsequently subdivided and sold in parcels, the individual buildings may be connected to a collector building sewer, provided that only one person is responsible for maintenance of the building sewer. (B) Temporary buildings, mobile homes, or similar portable structures may be connected to a building sewer installed to serve a previously constructed permanent building, provided that both the permanent and temporary buildings are located on the same lot. (Code 1965, .21-62; Ord. No. 2677, 11-4-80; Code 1991, §51.039) Cross reference(s)--Penalty, .51.999. 51.040 Use Of Old Building Sewers With New Buildings Old building sewers, or portions thereof, may be used in connection with new buildings only when they are CD51:7 found on examination and test by the approving authority to meet all requirements of this article. (Code 1965, .21-63; Ord. No. 2677, 11-4-80; Code 1991, §51.040) Cross reference(s)--Penalty, .51.999. 51.041 Standards For Connection Of Building Sewer To Public Sewer The connection of the building sewer into the public sewer shall conform to the building and plumbing codes or, if not covered by applicable rules and regulations of the city, the procedures set forth in appropriate specifications of the American Society for Testing Materials and the Water Pollution Control Federation "Manual of Practice No. 9. All such connections shall be made gastight and watertight. (Code 1965, .21-67; Ord. No. 2677, 11-4-80; Code 1991, §51.041) Cross reference(s)--Penalty, .51.999. 51.042 Size, Slope, And Alignment The size, slope, alignment, materials, or construction of a building sewer, and the methods to be used in excavating, placing of the pipe jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city and the state. In the absence of code provisions, the materials and procedures set forth in appropriate specifications of the American Society for Testing Materials and the Water Pollution Control Federation, Manual of Practice, shall apply. (Code 1965, .21-64; Ord. No. 2677, 11-4-80; Code 1991, §51.042) Cross reference(s)--Penalty, .51.999. 51.043 Elevation Of Drainpipe; Artificial Lifters Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. The depth shall be sufficient to afford protection from frost. 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 pumping system approved by the approving authority and discharged to the building sewer. (Code 1965, .21-65; Ord. No. 2677, 11-4-80; Code 1991, §51.043) Cross reference(s)--Penalty, .51.999. FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS 51.044 Sources Of Surface Runoff Or Groundwater (Code 1965, .21-70; Ord. No. 2677, 11-4-80; Code 1991, No person shall make connection of roof downspouts; §51.047) exterior foundation drains, areaway drains, or other Cross reference(s)--Penalty, .51.999. sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected 51.048■51.069 Reserved directly or indirectly to a public sanitary sewer. (Code 1965, .21-66; Ord. No. 2677, 11-4-80; Code 1991, §51.044) Cross reference(s)--Penalty, .51.999. 51.045 Excavations; Barricades And Lights All excavations for building sewer installation shall be adequately guarded with barricades and light so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the approving authority. (Code 1965, .21-69; Ord. No. 2677, 11-4-80; Code 1991 §51.045) Cross reference(s)--Penalty, .51.999. 51.046 Inspection Of Connection To Public Sewer The applicant for the building sewer permit shall notify the approving authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be accomplished only by the water and sewer division of the city. (Code 1965, .21-68; Ord. No. 2677, 11-4-80; Code 1991, §51.046) Cross reference(s)--Penalty, .51.999. 51.047 Controls For Industrial Waste Discharges Through Building Sewers (A) Any person responsible for discharges through a building sewer carrying industrial wastes shall, when directed to do so by the approving authority, at his own expense: (1) Install an accessible and safely located control manhole; (2) Install meters and other appurtenances to facilitate observation, sampling and measurement of the waste; and (3) Maintain the equipment and facilities. (B) Such control manhole, meters and other monitoring appurtenances shall be lockable, and accessible only by the approving authority. CD51:8 ARTICLE III DISCHARGE AND PRETREATMENT REGULATIONS 51.070 Purpose This article sets forth standards and requirements for users of the publicly owned treatment works (POTW) for the City of Fayetteville and enables the city to comply with all applicable federal and state laws, including Clean Water Act (33 U.S.C..1251 et seq.) and the General Pretreatment Regulations (40 C.F.R. pt. 403). The objectives of this article are: (A) To prevent the introduction of pollutants into the POTW that will interfere with its operation or contaminate its resulting sludge; (B) To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW; (C) To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public; (D) To improve opportunities for reuse and recycling of wastewater and sludge from the POTW; (E) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW; (F) To enable the city to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject; and (G) To provide for penalties for violations of the regulations established herein. (H) To encourage pollution prevention through waste minimization, source reduction and reuse practices. This article authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS fees for the equitable distribution of costs resulting from the program established herein. (Ord. No. 3965, 5-7-96; Ord. No. 4088, .1, 4-7-98; Code 1991, §51.070) 51.071 Applicability This article shall apply to all users of the POTW. (Ord. No. 3965, .2, 3 (Exh. A), 5-7-96; Ord. No. 4088, 4-7-98; Code 1991, §51.071) 51.072 Administration Except as otherwise provided herein, the control authority, as defined in this article, shall administer, implement, and enforce the provisions of this article. Any powers granted to or duties imposed upon the control authority may be delegated by the control authority to his/her authorized representative. (Code 1991, §51.072) 51.073 Abbreviations The following abbreviations shall have the designated meanings: See table. onoru G Arkansas Department of Doll„tion GaRtrel gy BOD BioChemical oxygen demand C.F.R. Code of Federal Regulations EPA U.S. Environmental Protection Agency gpd gallons per day mg/I milligrams per liter NPDES National Pollutant Discharge Elimination System POTW Publicly owned treatment works RCRA Resource Conservation and Recovery Act TSS Total suspended solids U.S.C. United States Code (Ord. No. 3965, —2, 3 (Exh. A), 5-7-96; Code 1991, §51.073) 51.074 Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated. CD51:9 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. Approval Authority. Arkansas Department of Pollution Control and Ecology. Authorized signatory 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 operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 (in second-quarter 1980 dollars), if 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) a general partner; or (b) proprietor, respectively; (3) If the user is a federal, state or local governmental facility: (a) a director or highest official appointed or designated to oversee the operation; and performance of the activities of the government facility; or (b) his/her 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 control authority. Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the biochemical FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS oxidation of organic matter under standard laboratory Medical waste. Isolation wastes, infectious procedures for five days at 20Y centigrade, usually agents, human blood and blood products, expressed as a concentration of milligrams per liter pathological wastes, sharps, body parts, (mg/1). contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. Categorical pretreatment standard or categorical standard. Any regulation containing pollutant National Pollutant Discharge Elimination System discharge limits promulgated by EPA in accordance (NPDES) permit. A permit issued to a POTW or other with «307(b) and (c) of the Act (33 U.S.C. .1317) discharger pursuant to .402 of the Act. which apply to a specific category of users and which appear in 40 C.F.R. Chapter 1, Article N, pts. 405-471. New source. City. The City of Fayetteville, the Fayetteville City Council or its authorized representative. Composite sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time, as specified by the control authority. Control authority. The mayor or his/her authorized representative. Environmental Protection Agency (EPA). The U.S. Environmental Protection Agency or it's authorized representative. 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 .307 of the Act. Grab sample. An individual sample collected over a period of time not to exceed 15 minutes. Indirect discharge or discharge. The introduction of pollutants into the POTW from any nondomestic source regulated under.307(b), (c), or (d) of the Act. Industrial user. A discharger into the POTW of nondomestic wastewater. 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 sludge processes, use or disposal. Instantaneous maximum allowable discharge limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. May. Discretionary or permissive. CD51:10 (1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under .307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) the building, structure, facility, or installation is constructed at a site at which no other source is located; or (b) the building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) the production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (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 .(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 FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS continuous onsite 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. Noncontact cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Pass through. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, along or in conjunction with a discharge or discharges from other sources, is a cause of or has the potential to cause a violation of any requirement of the city's NPDES permit (including an increase in the magnitude or duration of a violation). 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, or local governmental entities. pH. A measure of the acidity or alkalinity of a substance, expressed in standard units. Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (e.g., pH, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, or odor). CD51:11 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. Pretreatment requirements. Any substantive or procedural requirement, other than a pretreatment standard, related to pretreatment and imposed on a user. Pretreatment standards or standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. Prohibited discharge standards or prohibited discharges. Prohibitions against the discharge of certain substances; these prohibitions appear in .51.075(B) of this article. Publicly owned treatment works (POTW). A "treatment works," as defined by .212 of the Act (33 U.S.C. .1292) which is owned by the city. 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. Qualified professional. A person who is proven to be competent or suited for a specific position or task. Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.). Shall. Mandatory. Significant industrial user. (1) A user subject to categorical pretreatment standards; or (2) A user that: (a) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontract FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS cooling, and boiler blowdown EPA under.307 (33 U.S.C..1317) of the Act. wastewater); or (b) Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (c) Is designated as such by the control authority on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from a user (and in accordance with procedures in 40 C.F.R. pt. 403.8(f)(6)) determine that such user should not be considered a significant industrial user. Slug load or slug. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in this article or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge. Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. State. State of Arkansas. Storm water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. Surcharge. A service charge in addition to the normal monthly rate which shall be assessed to the significant industrial users who discharge into the city system wastewater having an average BOD concentration in excess of 300 milligrams per liter or an average TSS concentration in excess of 300 milligrams per liter. Total suspended solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by CD51:12 Treatment plant's effluent. The discharge from the POTW into the receiving stream. User. Any person who contributes or permits the contribution of wastewater into the POTW. Wastewater. Liquid and water -carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions. Wastewater treatment plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. (Ord. No. 3965, .2, 3 (Exh. A), 5-7-96; Ord. No. 4088, .2, 4- 7-98; Code 1991, §51.074) 51.075 General Sewer Use Requirements (A) Wastewater generated by development located in 100-year floodplain not to be transported or treated by facilities constructed under EPA Project No. C-050366-01 for 50 years. (1) For the purpose of this section area of existing development shall mean an area which, at the EPA issued a finding of no significant impact for EPA Project No. C- 050366-01 was: (a) Occupied by existing structures or facilities; (b) Substantially surrounded by existing structures or facilities and which serves no significant independent natural floodplain function; or (c) Characterized by substantial investment in public infrastructure but which is only partially occupied by structures or facilities. (2) No wastewater generated by development located in the 100-year floodplain shall be transported or treated by facilities constructed under EPA Project No. C- 050366-01 for a period of 50 years from January 1, 1987, except that service may be provided to: (a) Areas of existing development in a floodplain; (b) Commercial or public facilities which by nature must be located in a floodplain; FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS case solids greater than one-half inch in (c) Areas of projected growth if the any dimension; environmental information document for EPA Project No. C-050366-01 (d) Pollutants, including oxygen -demanding demonstrates that proposed development pollutants (BOD, etc.), released in a will be consistent with the floodplain discharge at a flow rate and/or pollutant management criteria for flood -prone concentration which, either singly or by areas (44 C.F.R. pt. 60.3) of the Federal interaction with other pollutants, will Emergency Management Agency cause interference with the POTW; (FEMA) and will have no significant impacts on natural functions and values (e) Wastewater having a temperature of the floodplain; or greater than 150v Fahrenheit (650 C), or which will inhibit biological activity in the (d) An area of projected growth if an treatment plant resulting in interference, environmental impact statement but in no case wastewater which causes demonstrates that there is no practicable the temperature at the introduction into alternative to such growth, that such the treatment plant to exceed 104Y growth will be consistent with the Fahrenheit (400 C); floodplain management criteria for flood - prone areas (44 C.F.R. pt. 60.3) of (f) Petroleum oil, nonbiodegrable cutting FEMA, and that the benefits of such oil, or products of mineral oil origin, in growth outweigh its environmental costs. amounts that will cause interference or pass through; (B) Prohibited discharge standards. (g) Pollutants which result in the presence (1) General prohibitions. No person shall of toxic gases, vapors, or fumes within introduce or cause to be introduced into the the POTW in a quantity that may cause POTW any pollutant or wastewater which acute worker health and safety causes pass through or interference. These problems; general prohibitions apply to all users of the POTW whether or not they are subject to (h) Trucked or hauled pollutants, except at categorical pretreatment standards or any discharge points designated by the other federal, state, or local pretreatment control authority in accordance with standards or requirements. .51.076(D) of this article; (2) Specific Prohibitions. No person shall (i) Any liquids, gases, solids, or other introduce or cause to be introduced into the wastewater which, either singly or by POTW the following pollutants, substances, or interaction with other wastes, are wastewater: sufficient to create a public nuisance or a hazard to life, or to prevent entry into (a) Pollutants which create a fire or explosive the sewers for maintenance or repair; hazard in the POTW, including, but not limited to, wastestreams with a closed- (j) Wastewater which imparts color which cup flashpoint of less than 140v cannot be removed by the treatment Fahrenheit (600 C) using the test process, such as, but not limited to, dye, methods specified in 40 C.F.R. pt. wastes and vegetable tanning solutions, 261.21; which consequently imparts color to the treatment plant's effluent, thereby (b) Wastewater having a pH less than 5.0 or violating the city's NPDES permit; more than 12.5, or otherwise causing corrosive structural damage to the POTW (k) Wastewater containing any radioactive or equipment; wastes or isotopes except in compliance with applicable federal or state (c) Solid or viscous substances including, regulations and approved by the control but not limited to, fats, oil or grease of authority; animal or vegetable in amounts which will cause obstruction of the flow in the (1) Storm water, surface water, ground POTW resulting in interference but in no water, artesianisaR well water, roof CD51:13 FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS runoff, subsurface drainage, condensate, deionized water, noncontact cooling (3) water, and unpolluted wastewater, unless specifically authorized by the control authority; (m) Sludges, screenings, or other residues from the pretreatment of industrial wastes; (n) Medical wastes, except as specifically authorized by the control authority; (o) Wastewater causing, alone or in conjunction with other sources, the POTW to violate its NPDES permit or the treatment plant's effluent to fail a toxicity test; (p) Any substance which may cause the POTW's effluent or other product of the POTW such as residues, sludges or scums, to be unsuitable for normal landfill/land application, reclamation or reuse, or to interfere with the reclamation process; (q) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW; (r) Any material into a manhole through its top unless specifically authorized by the control authority. 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. (C) Categorical pretreatment standards. The categorical pretreatment standards found at 40 C.F.R. Chapter I, Article N, pts. 405-471 are hereby incorporated. (1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the control authority may impose equivalent concentration or mass limits in accordance with 40 C.F.R. pt. 403.6(c). (2) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the control authority shall impose an alternate limit using the combined wastestream formula in 40 C.F.R. pt. 403.6(e). CD51:14 A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 C.F.R. pt. 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. (4) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 C.F.R. pt. 403.15. (D) Local limits. The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits except by permit from the control authority: 0.68 mg/I arsenic 0.02 mg/I cadmium 0.48 mg/I chromium 0.23 mg/I copper 0.01 mg/I cyanide 0.15 mg/I lead 0.0002 mg/I mercury 0.20 mg/I nickel 1.23 mg/I silver 1.52 mg/I zinc The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. The control authority may impose mass limitations in addition to, or in place of, the concentration -based limitations above. The city may revise or modify the local limits as required, or if deemed necessary to comply with the objectives presented in .51.070 of this article or the general and specific prohibitions in .51.075(B) of this article, or to insure compliance with federal, state, or local law. (E) Right of revision. The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. (F) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The control authority may impose FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. No. 3965, .2, 3, Exh. A, 5-7-96; Ord. No. 4088, .3, 4-7- 98; Code 1991, §51.075) 51.076 Pretreatment Of Wastewater (A) Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all pretreatment standards, local limits, and the prohibitions set out in .51.075(B) of this article within the time limitations specified by EPA, the state, or the control authority, 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 control authority for review, and shall be acceptable by the control authority before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the control authority under the provisions of this article. (B) Additional pretreatment measures (1) Whenever deemed necessary, the control authority may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocated 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 article. (2) The control authority 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. (3) Grease, oil, and sand interceptors shall be provided when, in the opinion of the control authority, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for CD51:15 residential users. All interception units shall be of type and capacity approved by the control authority 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 the user's expense. (4) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (C) Accidental discharge/slug control plans. At least once every two years the control authority shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The control authority may require any user to develop, submit for approval, and implement such a plan. An accidental discharge/slug control plan shall address, at a minimum, the following: (1) Description of discharge practices, including nonroutine batch discharges; (2) Description of stored chemicals; (3) Procedures for immediately notifying the control authority of any accidental or slug discharge, as required by .51.079(F) of this article. Such notification must also be given for any discharge which would violate any of the prohibited discharges in .51.075(B) of this article; and (4) 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. (D) Hauled wastewater. (1) Septic tank waste haulers are required to submit an application to discharge liquid wastes. This application must be accompanied by a fee of $100.00. Septic tank waste may be introduced into the POTW only at locations approved by the control authority and at such times as are FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS established by the control authority. Such wastes shall not violateiGrR .51.075 of this article or any other requirements established by the control authority. A fee of $50.00 for each septic waste load must be paid-n advance. The control authority may require the septic tank waste haulers to obtain wastewater discharge permits. (2) (2) The control authority shall require haulers of industrial waste to obtain wastewater discharge permits. The control authority may require generators of hauled industrial waste to obtain wastewater discharge permits. The control authority also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this article. (3) Septic tank waste haulers and industrial waste haulers may only discharge loads at locations designated by the control authority. No load may be discharged without prior consent of the control authority. The control authority may collect samples of each hauled load to ensure compliance with applicable standards. The control authority may require the hauler to provide a waste analysis of any load prior to discharge. (4) Septic tank waste and industrial waste haulers must provide a waste -tracking form for every load. This form shall include, 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. For industrial waste, the form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. (Ord. No. 3965,.2, 3 (Exh. A), 5-7-96; Code 1991, §51.076) 51.077 Wastewater Discharge Permit Application obtaining a wastewater discharge permit from the control authority, except a significant industrial user that has filed a timely application pursuant to .51.077(C) of this article may continue to discharge for the time period specified therein. The control authority may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article. (3) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in .51.082 through .51.084 of this article. 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. (C) Wastewater discharge permitting; existing connections. Any non -permitted user required to obtain a wastewater discharge permit, who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the control authority for a wastewater discharge permit in accordance with .51.077(E) of this article, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this article except in accordance with a wastewater discharge permit issued by the control authority. M (A) Wastewater analysis. When requested by the control authority, a user must submit information on the nature and characteristics of the user's wastewater. The control authority is authorized to (E) prepare a form for this purpose and may periodically require users to submit or update the information. (B) Wastewater discharge permit requirement. (1) No significant industrial user shall discharge wastewater into the POTW without first CD51:16 Wastewater discharge permitting: new connections. Any user required to obtain a wastewater discharge permit that proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommending of such discharge. An application for this wastewater discharge permit, in accordance with .51.077(E) of this article, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence. Wastewater discharge permit application contents. All users required to obtain a wastewater discharge permit must submit a permit application accompanied by a fee of $500.00. The control authority may require a user to submit as part of an application the following information: (1) The information required by .51.079(A)(2) of FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS this article; Within 90 days of receipt of a complete wastewater discharge permit application, the (2) Description of activities, facilities, and plant control authority will determine whether or not to processes on the premises, including a list of issue a wastewater discharge permit. The all raw materials and chemicals used or control authority may deny any application for a stored at the facility which are, or could wastewater discharge permit. accidentally or intentionally be, discharged to the POTW; (Ord. No. 3965,.2, 3 (Exh. A), 5-7-96; Code 1991, §51.077) (3) Number of employees, hours of operation, and proposed or actual hours of operation; (4) Each product produced by type, amount, process or processes, and rate of production; (5) Type and amount of raw materials processed (average and maximum per day); (6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, chemical storage areas, and appurtenances by size, location, and elevation, and all points of discharge; (7) Time and duration of discharges; and (8) Any other information as may be deemed necessary by the control authority to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (F) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized signatory 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 there are significant penalties for submitted false information, including the possibility of fine and imprisonment for knowing violations." (G) Wastewater discharge permit decisions. The control authority will evaluate the data furnished by the user and may require additional information. CD51:17 51.078 Wastewater Discharge Permit Issuance Process (A) Wastewater discharge permit duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the control authority. Each wastewater discharge permit will indicate a specific date upon which it will expire. (B) Wastewater discharge permit contents. Wastewater discharge permits shall include such conditions as are deemed reasonably necessary by the control authority to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, protect the public, facilitate sludge management and disposal, and protect against damage to the POTW. (1) Wastewater discharge permits must contain: (a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years; (b) A statement that the wastewater discharge permit is nontransferable except in accordance with §51.078 (E). (c) Effluent limits based on applicable pretreatment standards; (d) Self -monitoring, sampling, reporting, notification, and record -keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and (e) A statement of applicable civil and criminal penalties for violation of pretreatment standards and FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS requirements, and any applicable compliance schedule. Such schedule (1) Failure to submit a timely petition for review may not extend the time for compliance shall be deemed to be a waiver of the beyond that required by applicable administrative appeal. federal, state, or local law. (2) In its petition, the appealing party must (2) Wastewater discharge permits may contain, indicate the wastewater discharge permit but need not be limited to, the following provisions objected to, the reasons for this conditions: objection, and the alterative condition, if any, it seeks to place in the wastewater discharge (a) Limits on the average and/or maximum permit. rate of discharge, time of discharge, and/or requirements for flow regulation (3) The effectiveness of the wastewater and equalization; discharge permit shall not be stayed pending the appeal. (b) Requirements for the installation and maintenance of pretreatment technology, (4) If the control authority fails to act within 30 pollution control, or construction of days of receipt of the request, the request for appropriate containment devices, reconsideration shall be deemed to be designed to reduce, eliminate, or prevent denied. Decisions not to reconsider a the introduction of pollutants into the wastewater discharge permit, not to issue a treatment works; wastewater discharge permit, or not to modify a wastewater discharge permit, shall (c) Requirements for the development and be considered final administrative actions for implementation of accidental purposes of judicial review. discharge/slug control plans or other special conditions including management (D) Wastewater discharge permit modification. The practices necessary to adequately control authority may modify the wastewater prevent accidental, unanticipated, or discharge permit for good cause including, but nonroutine discharges; not limited to, the following reasons: (d) Development and implementation of (1) To incorporate any new or revised federal, waste minimization plans to reduce the state, or local pretreatment standards or amount of pollutants discharged to the requirements; POTW; (2) To address significant alterations or (e) Requirements for installation and additions to the user's operation, processes, maintenance of inspection and sampling or wastewater volume or character since the facilities and equipment; time of wastewater discharge permit issuance; (f) A statement that compliance with the wastewater discharge permit does not (3) A change in the POTW that requires either a relieve the permittee of responsibility for temporary or permanent reduction or compliance with all applicable federal and elimination of the authorized discharge; state pretreatment standards, including those which become effective during the (4) Information indicating the permitted term of the wastewater discharge permit; discharge poses a threat to the POTW, and POTW personnel, or the receiving waters; (g) Other conditions as deemed appropriate (5) Violation of any terms or conditions of the by the control authority to ensure wastewater discharge permit; compliance with this article, and federal and state laws, rules, and regulations. (6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge (C) Wastewater discharge permit appeals. A permit application or in any required permittee may petition the control authority to reporting; reconsider the terms of a wastewater discharge permit within 30 days of notice of issuance of the (7) Revision of or a grant of variance from discharge permit. categorical pretreatment standards pursuant CD51:18 FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS to 40 C.F.R. pt. 403.13; (8) To correct typographical or other errors in the wastewater discharge permit. (E) Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator if the permittee gives at least seven days' advance notice to the control authority and the control authority approves the wastewater discharge permit transfer. The notice to the control authority must include a written certification by the new owner or operator which: (1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes; (2) Identifies the specific date on which the transfer is to occur; and (3) Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. (F) Wastewater discharge permit revocation. The control authority may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (1) Failure to notify the control authority of significant changes to the wastewater prior to the changed discharge; (2) Failure to provide prior notification to the control authority of changed conditions pursuant to .51.079(E) of this article; (3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; (4) Falsifying self -monitoring or other reports; (5) Tampering with monitoring equipment; (6) Refusing to allow the control authority timely access to the facility premises and records; (7) Failure to meet effluent limitations; (8) Failure to pay fines; CD51:19 (9) Failure to pay sewer charges; (10) Failure to meet compliance schedules; (11) Failure to complete a wastewater survey or the wastewater discharge permit application; or (12) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article. Wastewater discharge permits shall be voidable upon cessation of operations. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. (G) Wastewater discharge permit re -Issuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit re -issuance by submitting a complete permit application, in accordance with .51.077(E) of this article, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. (H) Regulation of waste received from other jurisdictions. (1) If another jurisdiction, or user located within another jurisdiction, contributes wastewater to the POTW, the control authority shall enter into an interjurisdictional agreement with the contributing jurisdiction; enter into an agreement with, or permit, users located in another jurisdiction; or both. Certain hauled wastewater may be exempted from the requirements of this paragraph with specific authorization by the control authority. (2) An interjurisdictional agreement, as required by paragraph (1), above, shall contain the following conditions: (a) A requirement for the contributing jurisdiction to adopt a sewer use ordinance which is at least as stringent as this article and local limits which are at least as stringent as those set out in .51.075(D) of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city's ordinance and/or local limits; FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS (b) A requirement for the contributing source also shall give estimates of its jurisdiction to submit a revised user anticipated flow and quantity of pollutants to inventory on at least an annual basis; be discharged. (c) A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing jurisdiction; which of these activities will be conducted by the control authority; and which of these activities will be conducted jointly by the contributing jurisdiction and the control authority; (d) A requirement for the contributing jurisdiction to provide the control authority with access to all information the contributing jurisdiction obtains as part of its pretreatment activities; (e) A provision insuring the control authority access to the facilities of users located within the contributing jurisdiction's boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the control authority; and (f) A provision specifying remedies available for breach of the terms of the interjurisdictional agreement. (Ord. No. 3965, .2, 3 (Exh. A), 5-7-96; Ord. No. 4088, 994, 5, 4-7-98; Code 1991, §51.078) 51.079 Reporting Requirements (A) Baseline monitoring reports. (1) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. pt. 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the control authority a report which contains the information listed in paragraph (B), below. At least 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 be required to submit to the control authority a report which contains the information listed in paragraph (2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new CD51:20 (2) Users described above shall submit the information set forth below. (a) Identifying information. The name and address of the facility, including the name of the operator and owner. (b) Environmental permits. A list of any environmental control permits held by or for the facility. (c) 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. (d) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 C.F.R. pt. 403.6(e). (e) Measurement of pollutants. (i) The categorical pretreatment standards applicable to each regulated process. (ii) The results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the control authority) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in .51.079(J) of this article. (iii) Sampling must be performed in accordance with procedures set out in .51.079(K) of this article. FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS (f) Certification. A statement, reviewed by the user's authorized signatory and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment, is required to meet the pretreatment standards and requirements. (g) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in .51.079(B) of this article. (h) Signature and certification. All baseline monitoring reports must be signed and certified in accordance with .51.077(F) of this article. (B) Compliance schedule progress report. The following conditions shall apply to the compliance schedule required by .51.079(A)(2)(g) of this article: (1) 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, beginning and conducting routine operation); (2) No increment referred to above shall exceed nine months; (3) The user shall submit a progress report to the control authority not later than 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 CD51:21 taken by the user to return to the established schedule; and (4) In no event shall more than nine months elapse between such progress reports to the control authority. (C) Report on compliance with categorical pretreatment standard deadline. Within 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 control authority a report containing the information described in .51.079(A)(2)(d) through (f) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 C.F.R. pt. 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 .51.077(F) of this article. (D) Periodic compliance reports (1) All significant industrial users shall, at a frequency determined by the control authority but in no case less than every six months, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with .51.077(F) of this article. (2) 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. (3) If a user subject to the reporting requirement in this section monitors any pollutant more FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS frequently than required by the control authority, using the procedures prescribed in .51.079(J) and .51.079(K) of this article, the results of this monitoring shall be included in (3) the report. (E) Report of changed conditions. Each user must notify the control authority 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 30 days before the change. (G) (1) The control authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater (H) discharge permit application under .51.077(E) of this article. (2) The control authority may issue a wastewater discharge permit under .51.077(G) of this article or modify an existing wastewater discharge permit under .51.078(D) of this article in response to changed conditions or anticipated changed conditions. (3) For purposes of this requirement, significant changes include, but are not limited to, flow changes of 20% or greater, and the discharge of any previously unreported pollutants. (F) Reports of potential problems. penalties, or other liability which may be imposed pursuant to this article. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph (A), above. Employers shall ensure that all employees are advised of the emergency notification procedure. Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports as may be required by the control authority. Notification of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the control authority as soon as possible but no later than 24 hours after becoming aware of the violation. The user shall also immediately repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within the time period specified by the control authority but at no time later than 30 days after becoming aware of the violation. The user may not be required to resample if the control authority samples between the user's initial sampling and when the user receives the results of this sampling. (1) Notification of the discharge of hazardous waste. (1) In the case of any discharge, including, but not limited to, accidental discharges, (1) Any person who commences the discharge discharges of a nonroutine, episodic nature, a of hazardous waste shall notify the control noncustomary batch discharge, or a slug load, authority, the EPA Regional Waste that may cause potential problems for the Management Division Director, and state POTW (including a violation of the prohibited hazardous waste authorities (in writing) any discharge standards in .51.075(B) of this discharge into the POTW of a substance article), the user shall immediately telephone which, if otherwise disposed of, would be a and notify the control authority of the incident. hazardous waste under 40 C.F.R. pt. 261. This notification shall include the location of Such notification must include the name of the discharge, type of waste, concentration the hazardous waste as set forth in 40 and volume, if known, and corrective actions C.F.R. pt. 261, the EPA hazardous waste taken by the user. number, and the type of discharge (continuous, batch, or other). If the user (2) Within five business days following such discharges more than 100 kilograms of such discharge, the user shall, unless waived by waste per calendar month to the POTW, the the control authority, subject a detailed written notification shall also contain the following report describing the cause(s) of the information to the extent such information is discharge and the measures to be taken by known and readily available to the user: An the user to prevent similar future occurrences. identification of the hazardous constituents Such notification shall not relieve the user of contained in the wastes, an estimation of the any expense, loss, damage, or other liability mass and concentration of such constituents which may be incurred as a result of damage in the wastestream discharged during that to the POTW, natural resources, or any other calendar month, and an estimation of the damage to person or property; nor shall such mass of constituents in the wastestream notification relieve the user of any fines, civil expected to be discharged during the CD51:22 FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS following 12 months. All notifications to the control authority must be made prior to the commencement of the discharge. (2) In the case of any new regulations under .3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the control authority, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations. (3) 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. (4) This reporting provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or state law. (J) 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 C.F.R. pt. 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. pt. 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 the EPA. (K) Sample collection. (1) Except as indicated in subsection (2), below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the control authority may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. (2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic chemicals must be obtained using CD51:23 grab collection techniques. (L) Timing. Written reports will be deemed to have been submitted on the date post -marked. 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. (M) Record keeping. Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the control authority, or where the user has been specifically notified of a longer retention period by the U.S. EPA, state, or control authority. (Code 1991, §51.079; Ord. No. 3965, .2, 3 (Exh. A), 5-7-96; Ord. No. 4088, .6, 4-7-98) 51.080 Compliance Monitoring (A) Right of entry; inspection and sampling. The control authority shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Users shall allow the control authority 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. (1) 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 control authority will be permitted to enter without delay for the purposes of performing specific responsibilities. (2) The control authority shall have the right to FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS set up on the user's property, or require demonstrated by the user furnishing a report that installation of, such devices as are necessary such information should be held confidential, the to conduct sampling and/or metering of the portions of a report which might disclose trade secrets user's operations. or secret processes shall not be made available for inspection by the public, but shall be made available (3) The control authority may require the user to immediately upon request to governmental agencies install monitoring equipment as necessary. for uses related to the NPDES program or The facility's sampling and monitoring pretreatment program, and in enforcement equipment shall be maintained at all times in proceedings involving the person furnishing the a safe and proper operating condition by the report. Wastewater constituents and characteristics user at its own expense. All devices used to and other "effluent data" as defined by 40 C.F.R. pt. measure wastewater flow and quality shall be 2.302 will not be recognized as confidential calibrated at least annually by a certified information and will be available to the public without technician to ensure their accuracy. restriction. Calibration records shall be made available to the control authority upon request. (Code 1991, §51.081) (4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the control authority and shall not be replaced. The costs of clearing such access shall be borne by the user. (5) Unreasonable delays in allowing the control authority access to the user's premises shall be a violation of this article. (B) Search warrants. If the control authority has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the control authority designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the control authority may seek issuance of a search warrant from the city district court. (Code 1991, §51.080) 51.081 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 control authority's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the control authority, 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 CD51:24 51.082 Publication Of Users In Significant Noncompliance The control authority shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean: (A) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six- month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; (B) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria: 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH; (C) Any other violation of a pretreatment effluent limit (daily maximum or longer -term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through including endangering the health of city or 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 control authority's exercise of its emergency authority to halt or prevent such a discharge; (E) Failure to meet within 90 days of the scheduled FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS 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 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self -monitoring reports, and reports on compliance with compliance schedules; (G) Failure to accurately report noncompliance; or (H) Any other violation(s) which the control authority determines will adversely affect the operation or implementation of the local pretreatment program. (Code 1991, §51.082; Ord. No. 3965, .2, 3 (Exh. A), 5-7-96; Ord. No. 4088, .8, 4-7-98) 51.083 Administrative Enforcement Remedies (A) Notice of violation. When the control authority finds that a user has violated (or continues to violate) any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the control authority shall serve upon such user either an informal warning or a written notice of violation. Within five business days of the receipt of the notice of violation, 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 control authority. 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 control authority to take any action, including emergency actions or any other enforcement action, without first issuing an informal warning or a notice of violation. (B) Consent orders. The control authority may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to .51.083(D) and .51.083(E) of this article and shall be judicially enforceable. CD51:25 (C) Show cause hearing. The control authority may order a user which has violated or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the control authority and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least five business days prior to the hearing. Such notice shall be served on a representative of the user who meets the criteria of an authorized signatory. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (D) Compliance orders. When the control authority finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the control authority may issue an order 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 unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance ordinances may also contain other requirements to address the noncompliance, 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 national 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. (E) Cease and desist orders. When the control authority finds that a user has violated (or continues to violate) any provision of this article, 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 control authority may issue an order to the user directing it to cease and desist all such violations and directing the user to: FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS demonstrated to the satisfaction of the (1) Immediately comply with all requirements; control authority that the period of and endangerment has passed, unless the termination proceedings in .51.083(H) of this (2) Take such appropriate remedial or preventive article are initiated against the user. action as may be needed to properly address a continuing or threatened violation, including (2) If necessary, severance of the sewer halting operations and/or terminating the connection or water service may occur discharge. without notice. (3) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (F) Administrative fines. (1) When the control authority finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the control authority may fine such user in an amount not to exceed $1,000.00. Such fines shall be assessed on a per violation, per day basis. The control authority may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. (2) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (G) Emergency suspensions. The control authority may immediately suspend a user's discharge, after informal notice to the user, 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 control authority 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. (1) 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 control authority shall take such steps as deemed necessary, including immediate severance of the sewer connection or water service, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The control authority may allow the user to recommence its discharge when the user has CD51:26 (3) A user that 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 control authority within five business days. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (H) Termination of discharge. Any user that violates the conditions in .51.078(F) of this article is subject to discharge termination. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under .51.083(C) of this article why the proposed action should not be taken. Exercise of this option by the control authority shall not be a bar to, or a prerequisite for, taking any other action against the user. (Code 1991, §51.083; Ord. No. 3965, .2, 3 (Exh. A), 5-7-96) 51.084 Judicial Enforcement Remedies (A) Injunctive relief. When the control authority finds that a user has violated (or continues to violate) any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the control authority may petition the appropriate court through the control authority's attorney 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 article on activities of the user. The control authority 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 petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (B) Civil penalties FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS (1) A user which has violated or continues to violate any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the control authority for a maximum civil penalty of $1,000.00 per violation, per day. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each day during the period of violation. (2) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, 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. (3) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (C) Cost recovery. The control authority may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages or fines incurred by the control authority. (D) Remedies nonexclusive. The remedies provided for in this article are not exclusive. The control authority may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the control authority's enforcement response plan. However, the control authority may taken other action against any user, including but not limiting to, misdemeanor and felony fines and imprisonment when the circumstances warrant. (Code 1991, §51.084; Ord. No. 3965, .2, 3 (Exh. A), 5-7-96) 51.085 Affirmative Defenses To Discharge Violations (A) Upset. (1) For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by CD51:27 operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (3) are met. (3) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) an upset occurred and the user can identify the cause(s) of the upset; (b) 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 (c) The user has submitted the following information to the control authority as soon as possible but no later than 24 hours after becoming aware of the upset. If this information is provided orally, a written submission must be provided within five business days: (i) a description of the indirect discharge and cause of noncompliance; (ii) the period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; (iii) steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance; and (iv) in any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. (4) Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS standards. requirements to be violated, but only if it also is for essential maintenance to assure (5) Users shall control production of all efficient operation. These bypasses are not discharges to the extent necessary to subject to the provision of paragraphs (C) maintain compliance with categorical and (D) of this section. pretreatment standards upon reduction, loss, or failure of its treatment facility until the (3) Notice. facility is restored or an alternative method of treatment is provided. This requirement (a) If a user knows in advance of the need applies in the situation where, among other for a bypass, it shall submit prior notice things, the primary source of power of the to the control authority, at least ten treatment facility is reduced, lost, or fails. business days before the date of the bypass, if possible. (B) Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action (b) A user shall submit oral notice to the brought against it for noncompliance with the control authority of an unanticipated prohibitions in .51.075(B)(1) of this article or the bypass that exceeds applicable specific prohibitions in .51.075(B)(2)(c) through (r), pretreatment standards as soon as except for .51.075(B)(2)(h), if it can prove that it possible but no later than 24 hours from did not know, or have reason to know, that its the time it becomes aware of the discharge, alone or in conjunction with discharges bypass. A written submission shall also from other sources, would cause pass through or be provided within five business days of interference and that either: the time the user becomes aware of the bypass. The written submission shall (1) A local limit exists for each pollutant contain a description of the bypass and discharged and the user was in compliance its cause; the duration of the bypass, with each limit directly prior to, and during, the including exact dates and times, and, if pass through or interference; or the bypass has not been corrected, the anticipated time it is expected to (2) No local limit exists, but the discharge did not continue; and steps taken or planned to change substantially in nature or constituents reduce, eliminate, and prevent from the user's prior discharge when the reoccurrence of the bypass. The control control authority was regularly in compliance authority may waive the written report with its NPDES permit, and in the case of on a case -by -case basis if the oral interference, was in compliance with report has been received within 24 applicable sludge use or disposal hours. requirements. (4) Bypass Prohibited; Exceptions (C) Bypass. (a) Bypass is prohibited, and the control (1) For the purposes of this section: authority may take an enforcement action against a user for a bypass, (a) "Bypass" means the intentional diversion unless: of wastestreams from any portion of a user's treatment facility. (i) Bypass was unavoidable to prevent loss of life, personal injury, or (b) "Severe property damage" means severe property damage; substantial physical damage to property, damage to the treatment facilities which (ii) There were no feasible alternatives causes them to become inoperable, or to the bypass, such as the use of substantial and permanent loss of natural auxiliary treatment facilities, resources which can reasonably be retention of untreated wastes, or expected to occur in the absence of a maintenance during normal periods bypass. Severe property damage does of equipment downtime. This not mean economic loss caused by condition is not satisfied if adequate delays in production. back-up equipment should have been installed in the exercise of (2) A user may allow any bypass to occur which reasonable engineering judgment to does not cause pretreatment standards or prevent a bypass which occurred CD51:28 FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS during normal periods of equipment downtime or preventive maintenance; and (iii) The user submitted notices as required under paragraph (3) of this section. (b) The control authority may approve an anticipated bypass, after considering its adverse effects, if the control authority determines that it will meet the three conditions listed in paragraph (4)(a) of this section. (Code 1991, §51.085; Ord. No. 3965, «2, 3 (Exh. A), 5-7-96; Ord. No. 4088, .7, 4-7-98) 51.086 Miscellaneous Provisions (A) Pretreatment charges and fees. The control authority may adopt reasonable fees for reimbursement of the costs of development and administration of the control authority's pretreatment program which may include: (1) Fees for wastewater discharge permit applications including the cost of processing such applications; (2) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users; (3) Fees for reviewing and responding to accidental discharge procedures and construction; (4) Fees for filing appeals; and (5) Other fees as the control authority may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees, fines, and penalties, chargeable by the control authority. (B) Severability. If any provision of this article is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. (C) Conflicts. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this article, are hereby repealed to the extent of the inconsistency or conflict. CD51:29 (Code 1991, §51.086; Ord. No. 3965, .2, 3 (Exh. A), 5-7-96) 51.087 Surcharge (A) Any significant industrial user generating discharge which exhibits none of the characteristics of wastes prohibited in .51.075 but which has an average concentration of total suspended solids (TSS) or biochemical oxygen demand (BOD) in excess of 300 mg/I during a 24-hour period, may be required to obtain a discharge permit. Such discharge may, however, be accepted by the POTW for treatment if: (1) The user agrees to payment of a surcharge over and above published sewer rates, as provided herein; and (2) The discharge is amendable to treatment such that when it leaves the sewage treatment plant to be discharged, the discharge does not exceed or cause the total discharge to exceed the standards set by federal and state agencies having jurisdiction. (B) Prior to imposition of a surcharge, the user shall be notified in writing that the discharge exceeds the maximum limits as established in this article. (C) If, after 60 days have elapsed from the date of notice, the quality of the waste has not been brought within the maximum allowable limits, the user must enter into a surcharge agreement with the city. (D) The surcharge will be adjusted on billings for the month following submission of new data but not less frequently than quarterly. (E) Biochemical oxygen demand (BOD) and total suspended solids (TSS) values will be determined for standard values established by the control authority for various industries having normal pretreatment facilities for that industry. The control authority shall sample the discharge from a user to determine accurate values of BOD and TSS being discharged for the purpose of determining a surcharge. Analysis performed by a user shall be under the direction of the control authority and performed by an approved qualified laboratory. Reports submitted to the control authority shall contain a statement that the samples collected and values determined are based on a 24-hour composite representative of the user's flow. FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS (F) All sampling and analyses of the waste characteristics shall be performed in accordance with 40 C.F.R. pt. 136 approved methods. (G) The volume of flow used in computing surcharge shall be based upon metered water consumption as shown in the records of meter readings maintained by the city's business office. In the event that a person discharging waste into the city sanitary sewer system produces evidence to the control authority demonstrating that a portion of the total amount of water used for all purposes is not discharged into the POTW, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon his request, to measure only that portion of the total flow being discharged into the city sewer system. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing. (H) Any person discharging industrial waste into the sanitary sewers of the city who procures any part or all of the user's water supply from sources other than the city, all or part of which is discharged into the sanitary sewer, shall install and maintain at the user's expense water meters of the type approved by the city for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meter will be read monthly and tested for accuracy when deemed necessary by the city. Where it can be shown that a portion of the water measured by the aforesaid meter or meters does not enter the sanitary sewer system of the city, then the user may install additional approved meters at user's expense in such a manner as to measure the quantity of water actually entering the sanitary sewer system from the premises of such user, and the quantity of water used to determine the sewer service charge and surcharge shall be the quantity of water actually entering the sewage system as so determined. (1) Computation of surcharge shall be based on the following: S = V-8.34-[X(BOD -300)+Y(TSS —300)] Where: S = Surcharge in dollars for the billing period; V = Water consumption in millions of gallons during the billing period; 8.34 = Weight of water in pounds per gallon; CD51:30 X = Unit charge in dollars per pound for BOD in effect at the time of the billing; Y = Unit charge in dollars per pound for TSS in effect at the time of the billing; BOD = Concentration of biochemical oxygen demand in milligrams per liter; TSS = Concentration of total suspended solids in milligrams per liter; 300 = Normal BOD and TSS in milligrams per liter (J) The control authority reserves the right to review and approve any waters or industrial waste entering the city's sewer system or proposed to be discharged into the system having an average daily flow greater than 10% of the design flow capacity of the plant which will treat the waste. In the event the city's measurement discloses such flow in excess of such capacity, the city shall be under no obligation to receive such flow in excess of 10% of designed capacity and the city's published rate shall not apply to such excess. An owner affected hereby shall be promptly notified of such determination by the control authority. A special contract, at the city's option, may be made with the user to accommodate such excess flow. (Code 1991, §51.087) 51.088.51.109 Reserved ARTICLE IV WATER AND SEWER SERVICE CONNECTIONS AND EXTENSIONS 51.110 Connection Required (A) When connection required. Within 12 months from the date on which city sewer service becomes available in those areas where service is not presently available, all owners of property on which structures are located having points of water usage within 200 feet of a city sewer line shall construct upon their properties sanitary sewers leading from said points of water usage to the sanitary sewer of the city, for the purpose of conducting sewage and liquid wastes into the city's sewerage system. FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS (B) Failure to make connection. If a property owner shall fail, neglect, or refuse to connect to a city sewer line within the time prescribed by subsection (A) hereof, unless further time be granted by the mayor for such connection, it shall be the duty of the city water and wastewater director to order a discontinuance of water service by the city to the property where the owner fails, neglects, or refuses to make the sewer connections. (C) Approval of superintendent required. Any property owner making the sewer connection required hereby shall first obtain the approval of the city water and wastewater director for the nature and character of the materials to be used in the construction of said sewer connection, the place of tapping the sewer line of the city, and the manner of doing the same. (Code 1965, .21-5.1; Ord. No. 1742, 6-1-70; Ord. No. 2095, 4- 1-75; Code 1991, §51.110) Cross reference(s)--Penalty, .51.999. 51.111 Assessment Procedure For Improvement Or Construction Of Water Or Sewer Lines From and after the proper passage of this section, the policies of the city concerning and regarding the maintenance and construction of water and sewer lines shall be as follows: (A) In the event a substantial portion of the property owners in any part of the city express a desire that the water and/or sewer line in any district of said city be improved, and that the costs of said improvements be assessed against property owners in said district, or in the event the City Council finds that the improvement of water and/or sewer line is necessary for the public welfare, safety, and convenience, the City Council shall, by resolution, declare the improvements needed and direct that a study be made to determine the costs of said improvement, which resolution shall be published once in the newspaper of general circulation in the city. (B) Upon receipt of the study report and a finding that proceedings with the proposed improvement is financially feasible, the City Council shall set a date for a public hearing on the proposed improvement and notify all property owners, within said district, by mail, of the proposed improvement, and the estimated cost of such improvement, and the date of the public hearing on the proposed improvement, and cause notice CD51:31 of such public hearing to be published once in a newspaper of general circulation in the city, not less than five days prior to the date fixed for the hearing. (C) Following the public hearing the City Council shall make a finding and ruling as to whether the improvement should be accomplished. If the City Council finds and rules that the improvement shall be accomplished, said City Council shall pass an appropriate ordinance authorizing the improvement to be made, stating the method of making the assessments and stating the amount of the assessments. The assessment is to be based on the cost of the improvement and shall be borne by the property owners in proportion to the value of each lot or parcel of land as assessed for taxation under the general laws of the state. A copy of the assessment shall be filed with the city clerk. Notice that such assessments have been filed with the city clerk shall be published once in a newspaper of general circulation in the city, and such assessments shall be final and conclusive unless questioned by action filed in the county chancery court within 30 days after the publication of notice of the filing of the assessments. (D) All such assessments are payable to the city in the manner and within the time prescribed in the resolution. This may include the option to pay the assessment in one lump sum or in installments within the time and at the rate of interest specified. (E) The assessment against each lot or parcel of property shall constitute a lien on such property in favor of the city. (F) When an annual assessment against any lot or parcel of property has not been paid for two years from the date due, such delinquent assessment, plus a 10% penalty shall be certified by the city to the county clerk and the county clerk shall place the assessment and penalty on the tax books as a delinquent tax to be collected and paid over to the city by the collector. (Code 1965, .21-15; Ord. No. 1736, 4-20-70; Code 1991, §51.111) State law reference(s).Applicability of 1949 provisions, A.C.A..14-90-102; Authority generally, A.C.A..14-91-501; Sewer improvement districts, A.C.A..14-89-1303; Authority of street or water improvement districts, A.C.A..14-89-1202. 51.112 Water Service And Extension Policy From and after the date set herein, the policies of the FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS city concerning and regarding the development and accordance with the following rules: maintenance of the water system of the city shall be as follows: (1) No service connections will be made to raw water transmission lines, except when a prior (A) (1) It shall be the policy of the city to easement from the owner to the city provides maintain and operate a municipal water for such. system capable of delivering potable water under pressure to the city's water customers. (2) Service connections to treated water mains To sustain and expand the municipal water may be made by the city to residences, system the city shall assume the expense of businesses, and industries which are acquiring and treating water, together with the adjacent to any existing treated water main. operation and maintenance of transmission In order to be considered adjacent, the lines and appurtenances. following criteria must be met: (2) Major transmission lines shall be constructed (a) The length of the service pipe from the in accordance with water system main to the meter box shall not be improvement and expansion programs and greater than 60 feet, except when plans adopted by the City Council to better railroad and highway rights -of -way are serve existing customers and to make the traversed, then said distance shall not water system available to new customers and be greater than 150 feet. land development. Priorities for such improvement and expansion shall be (b) The distance from the meter to the point established by the City Council on the basis of or building where water will be used need and the city's financial ability. shall not be more than 1,300 feet. For industries located on a larger tract, this (3) Major transmission lines are defined as those distance may be greater. having a diameter exceeding six inches. (3) The superintendent of the water and sewer (B) Extensions to and within subdivisions. The cost of division is hereby authorized to make water extending water lines from existing water mains to connections outside the corporate limits of subdivisions and other land developments and the the city. Such water connections shall meet cost of constructing water facilities within the same specifications of construction as subdivision as prescribed in subdivision used within the corporate limits of the city, at regulations and according to specifications and the time the water connection is made. The location prescribed by the water and wastewater plumbing to which a water connection is director shall be the financial responsibility of the made under this section shall meet all developer; however, the city shall pay the excess applicable plumbing regulations and material cost of facilities of a size larger than requirements of the city in effect at the time required to service subdivisions when such excess the connection is made. size is specified and required by the water and wastewater director for the general benefit of the (4) Before any water connection is made water system. All water facilities financed by the pursuant to this section, the owner of the developer shall become the property of the city property concerned shall sign a written after inspection and acceptance by the water and agreement with the city, wherein and wastewater director. whereby such owner shall agree to abide by any and all ordinances, rules, and (C) Water extensions outside the city. Water regulations of the city then in effect or which extensions within suburban water districts and may thereafter be adopted. The agreement cities which have contracted for water from the city shall also set forth the water service shall be made at the expense of and in charges, provisions for discontinuance of accordance with the policies of such districts and service, and authorization for city employees cities. Construction of extensions are to be made to enter upon premises of the owner for the only upon approval by the city water and purpose of making inspection, repairs, wastewater director. Except for facilities needed maintenance, and disconnections. to serve property within the city's limits, such as major transmission lines, pump stations, and water (5) Before any connection is made pursuant to storage tanks, water extensions outside such this section, the owner of the property districts and cities shall not be made except on the concerned shall pay a water extension fee of express approval of the City Council, and in $200.00 per living unit or other water service CD51:32 FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS point; provided the water extension fee for connections made subsequent to October 1, 1976 shall be $300.00 per living unit or other water service point. In addition, the owner of the property concerned shall pay a tap fee of $70.00 per living unit for other water service point. (6) In the event a property owner requests that water service not be provided after a water connection is made and the extension fee and tap fee prescribed by subsection (E)(5) above are paid, said property owner shall pay a dry - tap charge of $6.00 per month for each month after October 1, 1976 until such time as water service is activated. (7) A house number must be permanently displayed in a manner clearly visible from a street before service calls will be made by the city. In the event a service call is made and the house number is not displayed in the above manner, the property owner shall be assessed a fee of $5.00. (Code 1965, .21-16; Ord. No. 1761, 9-9-70; Ord. No. 1964, 12-4-73; Ord. No. 2233, 6-1-76; Ord. No. 2896, 2-15-83; Code 1991, §51.112) 51.113 Sewer Service And Extension Policy The policies of the city concerning and regarding the sewer system, shall be as follows: (A) (1) It shall be the policy of the city to maintain and operate a municipal sewer system capable of collecting waste water from the city's sewer customers and treating such water for disposal into natural water courses. (2) To sustain and expand the municipal sewer system the city shall assume the expense of treating the waste water together with the operation and maintenance of the collection lines and appurtenances. (3) Construction of major collection lines shall be made in accordance with sewer system improvement and expansion programs and plans adopted by the City Council to better serve existing customers and to make the sewer system available to new customers and land development. Priorities for such improvement and extension shall be established by the City Council on the basis of need and the city's financial ability. (B) Extensions to and within subdivisions. The cost of CD51:33 extending sewer lines from existing mains to subdivisions and other land developments and the cost of constructing sewerage facilities within subdivisions as prescribed in subdivision regulations and according to specifications and location prescribed by the water and wastewater director shall be the financial responsibility of the developer; however, the city shall pay the excess material cost of facilities of a size larger than required to serve subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the sewerage system. All sewer facilities financed by the developer shall become the property of the city after inspection and acceptance by the water and wastewater director. (C) Sewer extensions outside the city. Except for facilities needed to serve property within the city's limits, such as major transmission lines and pump stations to deliver sewage to disposal sites, and except through contractual arrangements with other municipal corporations, the city's sewerage system shall not be extended outside the city's corporate limits except on the express approval of the City Council. (Code 1965, .21-17; Ord. No. 1762, 9-9-70; Ord. No. 2896, 2-15-83; Code 1991, §51.113) 51.114 Water, Sewer Tap Connection Fees (A) All service connections made on city owned water and sewer mains shall be made by the Water and Sewer Division. Such connections shall be made upon payment to the city of the following fees: Fee Description INSIDE CITY OUTSIDE CITY 5/8" Water $ 425.00 $ 475.00 5/8" Double Water 475.00 525.00 1" Water 525.00 575.00 2" Water 1200.00 1250.00 4" Sewer 425.00 -------- - 6" Sewer 625.00 ---------- City Street Cut 575.00 575.00 City Street Bore 225.00 225.00 FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS State Hwy 125.00 125.00 the customer fails to promptly pay a monthly Permit billing, the Business Office Supervisor may require payment of a new security deposit in an State Hwy Bore 425.00 425.00 amount equal to or double the amount of the normal security deposit depending on the amount State Hwy Cut 1225.00 1225.00 owed, lateness of payment and any reasons for late payment. (B) Fees for connections where unusual field conditions exist shall be determined by the city (C) Service Deposits For Addresses To Which Water engineer. Unusual field conditions would include Was Shut-off By The City For Delinquent Bills. but not be limited to the presence of rock, any state or U.S. Highway crossing, extra thick (1) If a current customer has had water shut concrete or asphalt paving, or conflicts with other off for failure to pay city bills, the utilities. The city engineer may also modify the customer must pay a $35.00 reconnect stated fees if there are a number of taps to be fee plus the full amount of the back bill made in the same location, or if a plumber or other to receive water service. The Business contractor is allowed to do the excavation. Officer Supervisor may also require double the normal deposit if this is a (Code 1965, .21-2; Ord. No. 2676, 11-4-80; Ord. No. 2746, 8- recurring problem. 4-81; Ord. No. 2895, 2-15-83; Ord. No. 3088, 5-7-85; Ord. No. 4066, el, 11-4-97; Code 1991, §51.114) (2) If a new customer seeks to have water 51.115 Reserved turned on at an address or residence which was shut-off for non-payment within the preceding sixty (60) days, the (Code 1965, .21-2.1; Ord. No. 3214, 10-7-86; Ord. No. 3379, new customer must pay the back water 9-20-88; Code 1991, §51.115, Code 2004) bill before the water may be turned on. 51.11601.134 Reserved A new security deposit may also be required. ARTICLE V (3) The Business Office Supervisor or RATES AND CHARGES designee may waive the reconnect fee after taking into consideration the 51.135 Service Deposits consumer's property ownership, credit A service deposit shall be made with each application experience with the consumer, payment for water service, construction water service and record of the consumer, and status of construction solid waste service if such precedes current service deposit(s) the consumer construction water service. This service deposit shall presently has active with the city on be retained in trust, without interest, by the city's other utility accounts. finance department. When service to the depositor is discontinued permanently, said service deposit shall be (4) The Mayor may, in cases of extreme applied to the final billing and the remainder, if any, hardship (unknown water leak in returned to the depositor. customer's line, excusable neglect, etc.), authorize continued or beginning (A) Refund of Service Deposits. If the depositor water service with extended payment achieves twelve consecutive months of on -time terms for past due bills, reduction of payments in full of all water, sewer, and/or amounts due, or other compromises. sanitation fees due the City, the service deposit No compromise or settlement may shall be refunded to the depositor. If a new violate the terms of any bonds for which customer can provide adequate proof of his or her water or sewer revenue is pledged. twelve consecutive month history of prompt and full utility payments to the Business Office (D) Government Consumers. Federal, state, county, Supervisor, the Business Officer Supervisor shall and other local government consumers shall not waive the requirement of a security deposit for this be required to make a service deposit. new customer. (E) Private Residential Consumers. A private (B) Reinstitution of Service Deposit. If a customer has residential consumer shall be required to make a received a refund of the service deposit or had the minimum service deposit of $50.00 unless service deposit waived for proof of twelve waived pursuant to subsection B. For the consecutive month prompt payment history and purpose of this division, a private residential CD51:34 FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS consumer is defined as any single-family unit without regard to property ownership or a single apartment occupied by no more than four unrelated persons for which an individual meter is required. (F) Other Residential Consumers. All other residential consumers, whether apartment houses, boardinghouses, fraternity houses, sorority houses, or other multiple -family dwellings where master meters are used shall be required to make a service deposit of $200.00. (G) Impact Fee Requirements. All customers obtaining a new water service including building contractors obtaining water for construction purposes shall be required to comply with §159.02 of the Unified Development Code of Fayetteville Regulating Collection and Disbursement of Water and Wastewater Impact Fees. Individual deposits for each new water and sewer service are required. (H) Commercial Customers. Commercial customers such as owners of hotels, motels, cafeterias, restaurants, service stations, car washing establishments, supermarkets, laundries, and industrial consumers shall be required to make a minimum service deposit of $100.00, or that equal to the highest one -month bill, whichever is greater. (1) Rental Cleanup Deposits. Rental property owners obtaining water for rental cleanup purposes must sign the Property Owner's Agreement which lists all properties to be covered under this section and states Rental Property Owners will be billed for all of the services provided (water, wastewater and solid waste). At such time as an individual dwelling is occupied, the deposit required by subsection (b) of this section shall be made for that unit. Failure of property owners to pay billings as presented will result in cancellation of the property Owner's Agreement and all future service orders shall require a deposit equal in amount as set forth in subsection (E). The signed agreement, between the City and Property Owners must be executed prior to turn on service being provided and must contain a listing of individuals authorized to initiate service under the provision of this subsection. (J) Water For Irrigation Purposes. All customers requesting water service for irrigation purposes shall be required to make a minimum service deposit of $50.00 for service whereas the water meter is sized one inch or less, $100.00 whereas the water meter is sized over one inch, or that equal to the highest one -month bill, whichever is CD51:35 greater. (K) Delinquent Payment History. For all customer types, the service deposit amount required may be increased up to two and one-half times the estimated maximum bill, as determined by the Business Office Supervisor or designee, if the customer has a history of delinquent payment or nonpayment of his bill. Increased service deposits may be required of all consumers whether residential, commercial, industrial, or irrigation services. (L) Time Of Payment. The Business Office Supervisor or designee shall determine with each application for water service whether the service deposit shall be paid at the time of application, or if said deposit may be billed to the consumer, in part or in whole, on the first month's billing or spread over several month's billings. (1) In determining the required method of payment for the service deposit, the Business Office Supervisor or designee shall take in consideration property ownership, credit experience with the consumer, payment record of the consumer, and status of current service deposit(s) the consumer presently has active with the city on other utility accounts. (M) Inactive Meter Use. In the event of water consumption on an inactive meter when no service deposit has been made, the water meter shall not be reconnected until the customer pays the required service deposit and pays a $35.00 reconnection charge plus the back bill. (Code 1965, .21-24; Ord. No. 1731, 2-2-70; Ord. No. 2675, 11-4-80; Ord. No. 3739,.4, 11-6-93; Code 1991, §51.135 Ord.4493 06-03-03) 51.136 Monthly Water Rates Effective as of the first billing statements issued after April 30, 2008, the following monthly rates shall be fixed as rates to be charged for water furnished by the waterworks system of the city, which rates the City Council finds and declares to be reasonable and necessary minimum rates to be charged. All non - emergency water uses shall be billed to the user, to include but not limited to water used for: use within structures; business; manufacturing; irrigation; retail by another water utility; City uses; educational purposes; medical purposes; water system routine non -emergency uses; wastewater system routine non -emergency uses; non-profit uses; fire department non -emergency uses to include training and FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS equipment calibration; construction of new water mains; street cleaning; and wet down of construction sites and materials. Emergency water use that does not pass through a water system meter shall not be billed, including fire fighting, water leaks, water leak repair, and emergency water line flushing. The volumes used for these emergency purposes should be estimated and submitted monthly to the Business Office Manager and the Water/Sewer Operations Manager. (A) Monthly water rates. (1) The water usage of each customer shall be determined each month by meter measurement and the amount per 1,000 gallons to be paid for water usage by each customer shall be computed on the basis of the following schedule of rates. The minimum billing shall be 1,000 gallons per month. Table A-1 Monthly Water Rates After April 30, 2008 Cost per 1,000gallons Class Usage Rate Inside Outside (In Gallons) City City First 2,000 $2.11 $2.43 Residenti Next 13,000 2.81 3.23 al Over 15,000 3.98 4.58 Non- Residenti First 300,000 2.55 2.93 al Over 300,000 1.95 2.24 Major All Usage 1.77 2.04 Industrial Irrigation First 300,000 2.81 3.23 Over 300,000 1.84 2.11 Reduced Peak 1.84 1.84 Wholesale Demand Peak Demand 2.04 2.04 Table A-2 Monthly Water Rates After December 31, 2008 Cost per 1,000 gallons Class Usage Rate Inside Outside (In Gallons) City City First 2,000 $2.25 $2.59 Next 13,000 2.99 3.44 Residential Over 15,000 4.24 4.88 Non- First 300,000 2.61 3.00 Residential Over 300,000 2.11 2.43 Major All Usage 1.89 2.17 Industrial Irrigation First 300,000 3.09 3.55 Over 300,000 2.16 2.48 Wholesale Reduced Peak Demand 1.95 1.95 Peak Demand 2.16 2.16 Table A-3 Monthly Water Rates After December 31, 2009 Cost per 1,000 gallons Class Usage Rate Inside Outside (In Gallons) City City First 2,000 $2.39 $2.75 Next 13,000 3.17 3.64 Residential Over 15,000 4.49 5.16 Non- First 300,000 2.68 3.08 Residential Over 300,000 2.28 2.62 Major All Usage 2.01 2.31 Industrial Irrigation First 300,000 3.37 3.88 Over 300,000 2.70 3.11 Reduced Peak 2.01 2.01 Wholesale Demand Peak Demand 2.23 2.23 Table A-4 Monthly Water Rates After December 31, 2010 Cost per 1,000 gallons Class Usage Rate Inside Outside (In Gallons) City City First 2,000 $2.53 $2.91 Next 13,000 3.36 3.86 Residential Over 15,000 4.75 5.46 Non- First 300,000 2.75 3.16 Residential Over 300,000 2.45 2.82 Major All Usage 2.14 2.46 Industrial Irrigation First 300,000 3.64 4.19 Over 300,000 3.28 3.77 Reduced Peak 2.07 2.07 Wholesale Demand Peak Demand 2.30 2.30 CD51:36 (2) Beginning January 1, 2012, all monthly water rates shall be increased by 3% per year. (3) All bills under such schedules shall be computed by adding the applicable meter service charge prescribed by subsection (B) to the amount determined to be due for water usage under this schedule. Applicable FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS sales tax and franchise fees shall be added to the bill so computed. (4) When a common facility/building is served by multiple water meters and the water usage is for the same purpose, customers may petition the Water & Wastewater Director and/or the Finance & Internal Services Director to have the water consumption aggregated and have the tiered rates apply to the aggregated quantity. (5) Water used for flushing and sampling of newly constructed water lines, fire department training and equipment calibration, and other similar uses requiring a large volume and/or high velocity of water movement shall employ a fire hydrant meter of the appropriate size for the use. If a fire hydrant meter cannot be used due to high flow or volume requirements, then the volume of water used shall be measured by using a pitot gauge to determine the gallons per minute and by timing the flow of water to be able to calculate total volume. In the cases of fire department training and equipment calibration, sewer line washing, street sweeping, and other uses where the equipment employed has a built-in water meter, these built in water meters may be used. All such meters other than those on fire trucks must be evaluated by the Meter Superintendent. These water uses shall be billed at the same rates as non-residential customers. (6) Monthly wholesale treated water rates outside city limits are based on Cost of Service Methodology. (B) Monthly wafer service charge. (1) In addition to the above, each customer shall pay a monthly water service charge in accordance with the following schedule: Table B-1 Monthly Water Service Charge After April 30, 2008 Meter Size Inside City Outside City Wholesale 5/8 x 3/4" $4.00 $4.60 $5.00 1 inch 5.55 6.38 7.00 1 '/2 inch 9.70 11.16 12.15 2 inch 14.10 16.22 17.70 3 inch 32.90 37.84 41.30 4 inch 54.45 62.62 68.30 6 inch 108.85 125.18 136.70 8 inch 163.30 187.80 205.00 Table B-2 Monthly Water Service Charge After December 31, 2008 Meter Size Inside City Outside City Wholesale 5/8" x 3/4" $4.25 $4.89 $5.30 1 inch 5.90 6.79 7.40 1 '/2 inch 10.30 11.85 12.85 2 inch 15.00 17.25 18.75 3 inch 34.95 40.19 43.80 4 inch 57.85 66.53 72.25 6 inch 115.65 133.00 144.90 8 inch 173.50 199.53 216.90 Table B-3 Monthly Water Service Charge After December 31, 2009 Meter Size Inside City Outside City Wholesale 5/8" x %" $4.50 $5.18 $5.60 1 inch 6.25 7.19 7.80 1 '/2 inch 10.90 12.54 13.55 2 inch 15.90 18.29 19.75 3 inch 37.00 42.55 45.10 4 inch 61.25 70.44 76.10 6 inch 122.45 140.82 149.20 8 inch 183.70 211.26 228.40 Table B-4 Monthly Water Service Charge After December 31, 2010 Meter Size Inside City Outside City Wholesale 5/8" x 3/4" $4.75 $5.46 $6.00 1 inch 6.60 7.59 8.30 1 '/2 inch 11.50 13.23 14.45 2 inch 16.75 19.26 21.00 3 inch 39.05 44.91 46.50 4 inch 64.65 74.35 81.10 6 inch 129.30 148.70 153.70 8 inch 193.90 222.99 240.50 CD51:37 (2) FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS Beginning January 1, 2012, all monthly water service charges shall be increased by 3% per year. (3) The monthly treated water rates and the monthly meter service charge rates prescribed by subsections (A) and (B) of this section shall commence as of the first billing statements issued after April 30, 2008. (4) Customers served through the White River Rural Water System will pay the outside city rate plus an additional $5.94 per month for all bills issued prior to January 1, 2012. This additional amount will not be charged on any bills issued after December 31, 2011. (5) The State of Arkansas mandated Safe Drinking Water Act fee shall be added to the monthly water utility bill. (C) Monthly standby fire protection service charge. (1) Charges for unmetered service connections for standby fire protection and fire hydrants shall be: Table C-1 Monthly Standby Fire Protection Service Charge After April 30, 2008 Line Size Inside City Outside City 2 inch $ 6.84 $ 7.86 3 inch 20.51 23.59 4 inch 41.03 47.18 6 inch 113.96 131.05 8 inch 239.32 275.21 10 inch 410.26 471.79 Table C-2 Monthly Standby Fire Protection Service Charge After December 31, 2008 Line Size Inside City Outside City 2 inch $ 7.23 $ 8.32 3 inch 21.70 24.96 4 inch 43.41 49.92 6 inch 120.57 138.66 8 inch 253.20 291.18 10 inch 434.05 499.16 Table C-3 Monthly Standby Fire Protection Service Charge After December 31, 2009 Line Size Inside City Outside City 2 inch $ 7.62 $ 8.76 3 inch 22.85 26.28 4 inch 45.71 52.56 6 inch 126.96 146.00 8 inch 266.62 306.61 10 inch 457.06 525.61 Table C-4 Monthly Standby Fire Protection Service Charge After December 31, 2010 Line Size Inside City Outside City 2 inch $ 8.02 $ 9.22 3 inch 24.06 27.67 4 inch 48.13 55.35 6 inch 133.69 153.74 8 inch 280.75 322.86 10 inch 481.28 553.47 (2) Monthly Standby Fire Protection Service Charge After December 31, 2011. Starting the day after December 31, 2011, the monthly standby fire protection service charge shall be increased by 3% per year. (3) Fire protection lines shall not be connected to the water system downstream from a meter. (Code 1965, .21-25; Ord. No. 1165, 4-18-58; Ord. No. 2144, 9-2-75; Ord. No. 2594, 2-5-80; Ord. No. 3197, 7-1-86; Ord. No. 3409, 2-21-89; Ord. No. 3431, 6-6-89; Ord. No. 3491, 7- 17-90; Ord. No. 3513, 9-18-90; Ord. No. 3519, 11-20-90; Ord. No. 4059, .1, 10-7-97; Ord. No. 4223, 2-15-00; Code 1991, §51.136; Ord. No. 4530 12-02-02; Ord. No. 4540, 02- 03-04; Ord. 5123, 4-1-08) 51.137 Monthly Sewer Rates (A) Monthly sewer rates. (1) All monthly sewer charges shall be calculated from the customer's monthly water usage. The following monthly rates are hereby fixed as rates to be charged for sewer services: Table D-1 Monthly Sewer Rates Per 1,000 Gallons Before January 1, 2009 Class Usage Rate Cost per In Gallons 1,000 gallons Residential First 2,000 gallons $ 3.10 Greater than 3.10 2,000 gallons CD51:38 FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS Non -Residential All Usage 2.42 Major Industrial All Usage 2.42 Farmington All Usage 4.66 Outside city All Usage 4.66 85% of metered 2.81 Elkins water usage Usage above 85% of 1.98 metered water usage Table D-2 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2008 Class Usage Rate Cost per In Gallons 1,000 gallons Residential First 2,000allons $3.00 Greater than 4.00 2,000 gallons Non -Residential All Usage 3.02 Major Industrial All Usage 3.03 Farmington All Usage 5.13 Outside city All Usage 5.57 85% of metered 3.53 Elkins water usage Usage above 85% of 1.85 metered water usage Table D-3 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2009 Class Usage Rate Cost per In Gallons 1,000 gallons Residential First 2,000 gallons $ 3.07 Greater than 4.10 2,000 gallons Non -Residential All Usage 3.10 Major Industrial All Usage 3.21 Farmington All Usage 5.28 Outside city All Usage 5.74 85% of metered 3.64 Elkins water usage Usage above 85% of metered 1.91 water usage Table D-4 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2010 Class Usage Rate Cost per In Gallons 1,000 gallons Residential First 2,000allons $3.14 Greater than 4.18 2,000 gallons Non -Residential All Usage 3.18 Major Industrial All Usage 3.40 Farmington All Usage 5.44 Outside city All Usage 5.91 85% of metered 3.75 Elkins water usage Usage above 85% of metered 1.96 water usa e (2) Beginning January 1, 2012, all monthly sewer quantity charge- usage rates per 1,000 gallons shall be increased by 3% per year. (3) Sewer related fees levied by the Cities of Farmington or Greenland shall be added to the wastewater utility bill at the request of Farmington or Greenland. These fees may be calculated on a per -thousand volumetric usage or a per month basis. (B) Monthly sewer service charge. (1) In addition to the above, each customer shall pay a monthly sewer service charge in accordance with the following schedule: Table E-1 Monthly Sewer Service Charge Prior to January 1, 2009 Meter Size Inside City Outside Cityt Farmingtont 5/8" x 3/4 " $ 10.36 $ 10.35 $ 10.35 1 inch 13.47 19.35 19.35 1'/2 inch 21.99 34.33 34.33 2 inch 31.44 49.32 49.32 3 inch 73.01 104.40 104.40 4 inch 120.26 171.97 171.97 6 inch 238.37 340.87 340.87 8 inch j 356.48 j 509.76 j 509.76 CD51:39 FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS Table E-2 Monthly Sewer Service Charge After December 31, 2008 Meter Size Inside City Outside Cityt Farmingtont 5/8" x 3/4" $ 12.45 $ 12.40 $ 11.40 1 inch 16.20 23.10 21.30 1'/2 inch 26.45 41.10 37.80 2 inch 37.80 54.30 50.00 3 inch 87.75 125.50 115.30 4 inch 144.50 206.60 189.85 6 inch 286.45 409.60 376.40 8 inch 428.40 612.60 563.00 Table E-3 Monthly Sewer Service Charge After December 31, 2009 Meter Size Inside City Outside Cityt Farmingtont 5/8" x 3/4 " $ 12.80 $ 12.80 $ 11.70 1 inch 16.65 23.80 21.90 1'/2 inch 27.15 42.30 38.90 2 inch 38.85 55.90 51.50 3 inch 90.20 129.25 118.75 4 inch 148.60 212.80 195.55 6 inch 294.50 421.88 387.70 8 inch 440.45 631.00 579.90 Table E-4 Monthly Sewer Service Charge After December 31, 2010 Meter Size Inside City Outside Cityt Farmingtont 5/8" x 3/4" $ 13.20 $ 13.20 $ 12.10 1 inch 17.15 24.50 22.60 1'/2 inch 28.00 43.60 40.10 2 inch 40.05 57.60 53.05 3 inch 93.00 133.10 122.30 4 inch 153.25 219.20 201.50 6 inch 303.70 434.50 400.00 8 inch 454.20 650.00 597.30 tCost of Service Methodology required by contract. (2) Beginning January 1, 2012, all monthly sewer service charges shall be increased by 3% per year. (C) Determination of sewer quantity charge for residential customers. CD51:40 (1) In the case of residential customers residing in a single family home, duplex, triplex, and/or fourplex, the average monthly water consumption for the preceding months of December, January, and February shall be computed separately for each customer, and a uniform monthly charge for each customer shall be determined by applying the schedule of rates set out in subsection (A) of this section to such average monthly water consumption. In the case of a residential user for whom a uniform monthly charge has been established and who moves to a new location the same uniform monthly charge shall apply at the new location. In the case of new residential customers, sewer averages shall be established based on the number of individuals residing within the dwelling unit, at a rate of 2,100 gallons per customer per month. This methodology of sewer averaging shall not apply to multi- family structures containing five (5) or more units in a contiguous building. (2) In the case of sewer customers who do not have a water meter provided by a public water utility, the sewer usage volume billed shall be the average volume of all users in the sewer system in like dwellings from the most recent system -wide sewer average calculation. (D) Determination of charge for non-residential and major industrial customers. In the case of non- residential and/or major industrial customers, the monthly sewer charge shall be determined by applying the schedule of rates prescribed in subsection (A) of this section to the monthly water usage of such customers. In the event that a non-residential or major industrial customer discharging waste into the city's sanitary sewer system produces evidence to the Water and Wastewater Director demonstrating that a substantial portion of the total amount of water from all sources used for all purposes does not reach the sanitary sewer which is in excess of the factors used in establishing the rates in subsection (A) of this section, an estimated percentage of total water consumption to be used in computing charges may be established by the Water and Wastewater Director. The factors used in establishing said rates are on file in the office of the Water and Wastewater Director and are incorporated herein by reference thereto. Any rate so adjusted by the Water and Wastewater Director shall be effective for a 12-month period beginning with the billing for the month when rates adjudged hereby go into effect. FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS (E) Extra Strength Surcharge. (1) For all commercial and industrial customers whose wastewater discharge is greater than 300 mg/I of BOD5 and/or TSS, the City shall levy an Extra Strength Surcharge for each parameter in accordance with the following unit charges: Table F3 Extra Strength Surcharges After 12/1/2011 Extra Strength BOD5 $0.3145 per pound Extra Strength TSS $0.2209 per pound (2) Extra Strength Surcharges shall be billed monthly and shall be computed on the basis of water meter reading (wastewater discharge volume). (3) Starting after December 31, 2011, Extra Strength Surcharges shall be increased by 3% per year. (4) Computation of extra strength surcharges shall be based on the following formula: (a) Extra strength surcharge: S = V x 8.34 x [BOD Unit Charge (BOD - 300) + SS Unit Charge (SS - 300)] (b) Where: S = Surcharge in dollars V = Sewer volume in million gallons 8.34 = Pounds per gallon of water BOD Unit = Unit charge for BOD in charge dollars per pound BOD = BOD strength index in parts per million 300 = Allowed BOD strength in parts per million SS unit = Unit charge for suspended charge solids in dollars per pound SS = Suspended solids strength index in parts per million by weight CD51:41 300 = Allowed SS Strength in parts per million by weight (F) Elkins sewer charges. (1) Elkins' payment for wastewater treatment shall be based on 85% of the metered water purchased. The volume of wastewater received by Fayetteville at the "Point of Connection" shall be measured by the installed wastewater meter. Volumes of wastewater below or above the agreed upon percentage (85%) of metered water, as measured by the wastewater meter, shall be recorded on a monthly basis, with a reconciliation of the net difference to occur semiannually in June and December. If the reconciliation volume is over the agreed upon percentage, this amount shall be billed to Elkins in June and December at the actual computed cost of wastewater collection to and treatment at the Noland Wastewater Treatment Plant, not including the calculated rate of return and not including depreciation charges, but including any capacity surcharge, based on the most recent rate as determined in paragraph B of this Contract. If the reconciliation volume is below the agreed upon percentage, the actual amount billed for the difference shall be refunded to Elkins in June and December (2) Elkins impact fee charges. The City of Elkins shall pay an additional $0.25 per 1,000 gallons of wastewater, for all wastewater volume charges including both the 85% of metered water volume and for wastewater in excess of the 85% of the metered water purchased billed volume. (Code 1965, .21-26; Ord. No. 1165, 4-18-58; Ord. No. 3197, 7-1-86; Ord. No. 3285, 8-4-87; Ord. No. 3398, 1-3-89; Ord. No. 3491, 7-17-90; Ord. No. 3637, .1, 2, 8-18-92; Ord. No. 4059, .2, 10-7-97; Code 1991, §51.137; Ord. No. 4530, 12- 02-03; Ord. No. 4803, 12-20-05; Ord. 4998, 4-3-07; Ord. 5129, 4-15-08; Ord. 5438, 9-20-11) 51.138 Definitions Pertaining to Water and Sewer Rates For the purpose of the sections pertaining to water and sewer rates, the following definitions shall apply unless the context clearly indicates or requires a different meaning: (A) City of Farmington customer. Customer whose structure being served for water and/or wastewater is physically located within the incorporated limits of the City of Farmington, Arkansas, who is served by the City of FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS Fayetteville for water and/or sewer service. restaurants, office buildings, laundries, governmental, educational, social, charitable, (B) Inside City customer. Customer whose structure religious, medical, penal institutions, poultry being served for water and/or wastewater is houses, other private business and service physically located inside the incorporated limits of establishments. It also includes industrial users the City of Fayetteville, AR. using less than an average of 5,000,000 gallons per month in the previous calendar year. (C) Infiltration/inflow. The total quantity of water other than wastewater from both infiltration and inflow (H) Operation and maintenance. Those functions without distinguishing the source from defective that result in expenditures during the useful life of pipes, pipe joints, connections, manholes, roof the treatment works for materials, labor, utilities, down spouts, cellar drains, yard drains, area and other items which are necessary for drains, foundation drains, drains from springs and managing and for which such works were swampy areas, storm sewer cross connections, designed and constructed. The term "operation catch basins, cooling towers, storm waters, and maintenance" includes replacement. surface runoffs, street wash water, or drainage. Infiltration and Inflow are specifically prohibited (1) Replacement. Expenditures for obtaining and from being intentionally allowed into the sanitary installing components, equipment and sewer system. appurtenances which are necessary during the useful life of the treatment works to maintain the (D) Irrigation users. Irrigation users include meters capacity and performance for which such works installed which serve primarily landscape irrigation were designed and constructed. systems and include city -owned meters which directly connect to the city water system (water (J) Residential customer or user. Any contributor of only) or privately owned meters located wastewater to the city's treatment works whose downstream of a city -owned meter (exempt dwelling in a single family home, duplex, triplex, meters). Meters which serve park properties, golf fourplex and/or any individually metered dwelling courses, commercial nurseries and/or land unit that is used for domestic dwelling purposes agricultural uses shall be classified as irrigation only. except for meters at these locations which serve exclusively non -irrigation uses. Exempt meters (K) Treatment works. Any devices and systems for which serve uses other than landscape irrigation the storage, treatment, recycling, and reclamation systems shall also be considered irrigation and of municipal sewage, domestic sewage, or liquid shall not be considered commercial. industrial wastes. These include intercepting sewers, outfall sewers, sewage collection (E) Major industrial user. An industrial customer who systems, pumping, power, and other equipment uses an average of 5,000,000 gallons or more of and their appurtenances; extensions metered water per month in the previous calendar improvement; remodeling, additions, and year for non -irrigation use at a common alterations thereof; elements essential to provide facility/building. This does not apply to combined a reliable recycled supply such as standby or consolidated sets of bills for non -irrigation use treatment units and clear well facilities; and any at separate facilities/buildings. works, including site acquisition of the land that will be an integral part of the treatment process or (F) Municipality. A city, town, county, parish, district, is used for ultimate disposal of residues resulting association, or other public body (including an from such treatment (including land for inter -municipal agency of two or more of the composting sludge, temporary storage of such foregoing entities) created under state law having compost, and land used for the storage of treated jurisdiction over disposal of sewage, industrial wastewater in land treatment systems before waste or other waste. The definition includes land application); or any other method or system special districts such as water, sewer, sanitary, for preventing, abating, reducing, storing, utility, drainage, transport, or disposal of liquid treating, separating, or disposing of municipal waste of the general public in a particular waste or industrial waste, including waste in geographic area. combined storm water and sanitary sewer systems. (G) Non-residential customer or user. All customers that do not meet the specific definitions of (L) Useful life. The estimated period during which a residential customers, irrigation users, or major treatment works will be operated. industrial users. Non-residential customers include but are not limited to retail establishments, (M) User charge. That portion of the total wastewater CD51:42 FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS service charge which is levied in a proportional handicapped utility customers pursuant to a and adequate manner for the cost of operation, penalty waiver program approved by the City maintenance and replacement of the wastewater Council. treatment works. (B) Termination of service. The city shall disconnect (N) Water meter. A water volume measuring and utility service in accordance with the following recording device, furnished and installed by the policies: water department of the city. In some bulk water cases, primarily for construction uses where a (1) When it becomes necessary for the city to standard water meter cannot be used due to large discontinue utility service to a customer for volume or water velocity requirements, the water nonpayment of bills, service will be shall be measured using a pitot gauge and a timer. reinstated only after all bills for service then due have been paid and deposit required (Code 1965, .21-26.1; Ord. No. 1760, 9-9-70; Ord. No. 2913, has been made. It is the policy of the city to 4-19-83; Ord. No. 2972, 1-17-84; Ord. No. 3197, 7-1-86; Ord. terminate service to customers for reason of No. 3491, 7-17-90; Ord. No. 3637, .3, 8-18-92; Ord. No. 4059, nonpayment of bills only after they have .3, 10-7-97; Code 1991, §51.138; Ord. 5124, 4-1-08) been given notice and a meaningful 51.139 Reviews of Water and Sewer opportunity to be heard on disputed bills. The city's form for application for utility Rates, Notification to User service and all bills shall contain, in addition to the title, address, room number, and (A) Periodic review by city; revision of rates. The city telephone number of the official in charge of shall review the charges periodically and revise billing, clearly visible and easily readable the rates as necessary to ensure that adequate provisions to the effect: revenues are generated to pay the cost of operation, maintenance, and replacement, and (a) That all bills are due and payable on or that the system continues to provide for the before the date set forth on the bill; and proportional distribution of operation, maintenance, and replacement costs among users (b) That if any bill is not paid by or before and user classes. that date, notice will be mailed advising the customer that if the bill is not paid (B) Notification of user. The city shall notify each user within 28 days following the billing date at least annually, in conjunction with a regular bill, stated on the water bill service will be of the rates being charged for operation, disconnected, and the customer's maintenance and replacement of the wastewater deposit will be forfeited in an amount treatment works. sufficient to cover the gross amount of his due bill. The forfeiture of the deposit shall take place if the customer has not (Code 1965, .21-27; Ord. No. 1103, 2-20-56; Code 1991, paid the delinquent bill plus all §51.139; Ord. 5125, 4-1-08) applicable service charges within seven State law reference(s)--Cities of the first class - Sale or days after disconnection; and purchases of water to other municipalities, A.C.A..14-234- 108; Cities of the first class - Sale of water to certain persons; (c) That any customer disputing the A.C.A..14-234-109; Waterworks operated in governmental correctness of his bill shall have a right capacity - Services to nonresident consumers, A.C.A..14- to a hearing at which time he may be 234-110; Service to adjacent areas -Municipalities generally, represented in person and by counsel or A.C.A..14-234-111. any other person of his choosing and may present orally or in writing his 51.140 Water Billing Procedure complaint and contentions to the city official in charge of utility billing. This (A) Water service bills. All bills for water services official shall be authorized to order that shall be rendered in the net amount due. Water the customer's service not be bills are due and payable on or before the 20th discontinued and shall have the day following the billing date stated on the water authority to make a final determination bill. Water bills not paid on or before the due date of the customer's complaint. shall be considered delinquent and an additional charge of 10% of the total bill shall be paid; (2) Requests for delays or waiver of payment provided said penalty may be waived for elderly or will not be entertained; only questions of CD51:43 FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS proper and correct billing will be considered. (1) Where the consumer has not been negligent In the absence of payment of the bill rendered by his failure to repair known leaks or causes or resort to the hearing procedure provided of excess water consumption, an adjustment herein, service will be discontinued at the time may be made to the consumer's bill if in the specified. opinion of the water and wastewater director, or his official representative, an adjustment (3) Before service may be re-established is justified. following disconnection or forfeiture of a service deposit, the consumer must pay any (2) In no event shall a billing adjustment exceed bill due the city for water service not liquidated 50% of the difference between the average by the forfeited deposit. Said consumer must of the customer's prior billings and the also make a new service deposit in amount of the disputed billing. accordance with .51.135(I) and pay an additional service charge of $35.00. (3) In no event will a billing adjustment amounting to less than $1.00 be made. (4) Definition of 'customer' (4) If the problem with the bill is due to leakage (a) For purposes of this section a 'customer' or some problem other than a misread or a shall mean a person or the spouse of the malfunction of city equipment, the consumer person in whose name water service shall pay a service charge of $5.00. from the City of Fayetteville has been obtained. A 'customer' shall also mean (5) Permanent house numbers, visible from the the trustee or any beneficiary of a trust street, if possible shall be prominently which is the owner of any property which displayed before a meter check or service has received water service from the City call is made. of Fayetteville. Furthermore, a person who is a member of a Limited Liability (Code 1965, .21-28--21-28.2; Ord. No. 1165, 4-18-58; Ord. Company, partnership, or similar entity No. 1731, 2-2-70; Ord. No. 2144, 9-25-75; Ord. No. 2330, 5- which received water service in the 3-77; Ord. No. 2675, 11-4-80; Ord. No. 3193, 6-18-86; Ord. entity's name or a principal shareholder No. 3436, 7-5-89; Ord. No. 4223, 2-15-00; Code 1991, or director of a corporation which has §51.140;Ord. 5219, 2-3-09) received water service shall be 'customer'. 51.141 Sewer Billing Procedure considered a (b) Unless the mayor determines it would be (A) Bills for sewer service shall be rendered monthly. unfair and create an undue hardship on Sewer bills are due and payable on or before the any such customer or other person, the 20th day following the billing date stated on the failure of such customer to fully pay the sewer bills. Sewer bills not paid on or before the customer's city utility bill for any city utility due date shall be considered delinquent and an account shall justify the discontinuance of additional charge of 10% of the total bill shall be utility service to all of the customer's added, and if any bill not paid within 30 days after properties and accounts. The mayor may the bill shall be due, suit may be brought to exempt from discontinuance of service a collect the amount due, together with the particular customer's utility account to expenses of collection and a reasonable prevent unfairness and undue hardship. attorney's fee. (5) If the water meter has not been shut off, there (B) In the case of the sewer customers outside the shall be a service charge of $5.00 for city limits, if the monthly service charges are not collection of a water bill made in the field by a paid within the prescribed time, sewer service to service person. the customer will be discontinued in the same manner and subject to the same provisions as (C) Billing adjustments. All water consumers will be prescribed for discontinuance of service under required to pay the full amount of the bill .51.140(B). calculated by the city, except in those instances where the water meter concerned, or other water (Code 1991, §51.141) plant property, has been shown to be defective and has resulted in an excessive charge to the 51.142 Reduction Of Rates customer's account. The city hereby covenants and agrees that the rates established by this article shall never be reduced while any waterworks and sewer revenue bonds CD51:44 FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS issued pursuant to Ordinance No. 1166, passed and approved April 18, 1958, are outstanding, unless there is obtained from an independent certified public accountant a certificate that the net revenues of the system for each of the two preceding fiscal years (net revenues being defined as gross revenues less the reasonable expenses of operation and maintenance of the system, including all expense items properly attributable to operation and maintenance under generally accepted accounting practices applicable to municipal waterworks and sewer systems) were equal to the amount required to be set aside for a depreciation fund by Ordinance No. 1166, plus at least 150% of the maximum amount that will become due in any year for principal, interest, and service charges on all waterworks and sewer revenue bonds then outstanding, together with a written opinion from such independent certified public accountant that the proposed new rate will produce sufficient net revenue, as above defined, to make the required deposit into such depreciation fund and to leave a balance equal to at least 150% of the maximum amount that will become due in any year for principal, interest and service charges on all waterworks and sewer revenue bonds then outstanding. (Code 1965, .21-30; Ord. No. 1165, 4-18-58; Code 1991, §51.142) 51.143 Turning -On Of Water; Fees (A) All consumer requests for same day turn on service shall pay a $15.00 turn on fee in advance. (B) Before water service shall be turned on, permanent house numbers visible from the street, if possible, must be prominently displayed on the property. In the event water service cannot be turned on because the house numbers have not been prominently displayed or are inaccurate, the customer shall pay a $15.00 service charge for each trip to the property made by a service person for the purpose of turning on the water; provided there shall be no charge for the first two trips. For existing water services which do not have permanent house numbers prominently displayed on the property, the consumer shall be given written notice by certified mail that if his permanent house numbers are not prominently displayed within seven days from the date of the notice, water service shall be disconnected and shall not be reconnected until a $15.00 service charge is paid. (C) In the event water service cannot be left on because of water running on the customer's side of the meter, a notice shall be left on the property stating that the water was left off because of the running water. In the event the service person is required to make more than one additional trip to turn on the water, or if the trip is made after normal working hours as defined in .51.140(B)(2) there shall be an additional service charge of $10.00 per trip. (Code 1965, »21-31--21-33; Ord. No. 2144, 9-2-75; Ord. No. 2675, 11-4-80; Code 1991, §51.143) 51.144 Filling Water Tanks On Commercial Trucks; Rates (A) Water rates for consumers that purchase water for the purpose of filling water tanks on commercial trucks shall be as follows: Table I Water Rates for Commercial Water Trucks Volume Rate First 1,000 A minimum of $9.00 gallons ($5.00 labor plus $4.00 water/tax). Greater than $4.00 per 1,000 gallons 1,000 gallons CD51:45 (B) Rates are charged on a per -trip basis. The initial labor charge shall be paid upon each arrival at the fill site. (Ord. No. 3478, 4-3-90; Ord. No. 3491, 7-17-90; Ord. No. 4059, .4, 10-7-97; Code 1991, §51.144; Ord. 5126, 4-1-08) 51.145 Address Number Requirements (A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) Permanent numbers. Address numbers that are raised numbers, made of metal, wood, or plastic and are nailed or screwed into the building. These numbers are those assigned to the building by the city. (2) Stick -on numbers. Address numbers that have an adhesive backing that are designed, or were originally designed, to stick onto the building. (3) Temporary numbers. Address numbers that are raised numbers, made of metal, wood, or plastic and are nailed or screwed onto a board, and staked into the ground and rise from three to four feet above the ground. Temporary numbers may also be painted FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS onto a board and staked into the ground. (B) Permanent address numbers required. (1) Permanent numbers must be nailed or screwed into the building and must be clearly visible from the street. (2) All numbers shall be installed at the expense of the owner and shall be maintained at the owner's expense. (3) No "stick -on" numbers shall be accepted. (4) All numbers must be made of metal, plastic, or wood. (5) All numbers must be at least 31 inches in height. (6) All numbers must be contrasting in color to the building. (7) Numbers must be displayed on the front of the building, or on the side that faces the street and easily visible from the street. (8) Commercial establishments must have permanent numbers nailed or screwed into the building. Commercial establishments with glass fronts may have painted numbers on the glass, but only if there is nowhere possible to nail or screw permanent numbers into the building. (9) Commercial establishments that have individual suites must have permanent numbers on the building (building number) and also permanent numbers on each suite (suite number). (10) Mobile homes must have permanent address numbers nailed or screwed into the trailer. The numbers must be affixed to the side or end of the trailer that faces the street. (11) Mobile home parks must have the park address number displayed at the entrance to the park (may have permanent numbers or painted numbers affixed to park entrance sign), and must also have permanent, individual space numbers affixed to each mobile home. (12) Apartment buildings must have the building number permanently affixed to each building, and must also have individual apartment numbers permanently affixed to each apartment. CD51:46 (13) Buildings not visible from the street must have permanent numbers nailed or screwed into a board and posted at the entrance of the driveway (either on a post or on a tree); numbers must raise from three to four feet above the ground, and be clearly visible from the street. If two or more buildings are on the same drive, permanent numbers must also be nailed or screwed into each individual building, as well as both numbers posted at the entrance of the driveway. (14) Construction sites, where the building is not complete enough to affix permanent address numbers, must display temporary numbers at the construction site where they are clearly visible from the street. (15) Locations where there is a water meter for purposes of irrigating, watering stock, chicken houses, and the like where there is no building to affix numbers, must be permanently nailed or screwed onto a board and posted at the entrance of the driveway; numbers must rise from three to four feet above the ground, and be clearly visible from the street. If there is no driveway to the property, the board must be posted near the water meter box. Any variations from this policy must have the prior written consent of the water and sewer services superintendent. (C) Service requests. (1) Permanent numbers must be displayed before any service calls will be made by the city. (2) Permanent numbers must be displayed before a meter check or billing adjustment is made by the Water and Sewer Division. (3) Permanent numbers must be displayed before water service is turned on at the address. (4) In the event a service call is made and the address number is not displayed in the above manner, the property owner shall be assessed a fee of $15.00 for each trip to the property made by a service person provided there shall be no charge for the first two trips. There shall be a $25.00 fee assessed for any service calls made after normal working hours (weekdays between 4:00 p.m. and 8:00 a.m., on holidays, or on weekends). FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS (5) For existing water services which do not have permanent numbers prominently displayed, the consumer shall be given written notice by certified mail that if his permanent numbers are not prominently displayed within 21 days from the date of the notice, water service shall be disconnected and shall not be reconnected until permanent numbers have been properly displayed and a $15.00 service charge is paid. (Ord. No. 3569, 10-1-91; Code 1991, §51.145) 51.146 Backflow Prevention (A) Purpose. The purpose of this section is as follows: (1) To protect the public water supply of the city from the possibility of contamination or pollution from backflow into the public water system. (2) To promote the elimination or control of cross connections, actual or potential, between the customer's potable water system(s) and nonpotable water systems, plumbing fixtures, and industrial piping systems. (3) To contain at the service connection any actual or potential pollution or contamination within the customer's premises. (4) To provide a continuous, systematic, and effective program of cross -connection control. (B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) Backflow shall mean a hydraulic condition, caused by a difference in pressures, in which non -potable water or other fluids flow into a potable water system. (2) Backflow preventer shall mean a testable assembly to prevent backflow. (3) Cross connection means any actual or potential connection between the public water system and a source of contamination or pollution. (4) Double-check valve assembly (DC) means a complete assembly meeting AWWA Standard C510 and the requirements of the Arkansas State Plumbing Code consisting of two CD51:47 internally loaded, independently operating check valves between two tightly closing resilient -seated shutoff valves, with four properly placed resilient seated test cocks. (5) Reduced -pressure principle backflow prevention assembly (RP) means a complete assembly meeting AWWA Standard C511 and the requirements of the Arkansas State Plumbing Code consisting of a hydraulically operating, mechanically independent differential relief valve located between two independently operating, internally loaded check valves that are located between two tightly closing resilient seated shutoff valves with four properly placed resilient -seated test cocks. (6) Air gap (AG) means a physical separation between two piping systems. (C) Handbook of Policies and Procedures. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the City of Fayetteville Cross -Connection Control Program: Handbook of Policies and Procedures, as may from time to time hereafter be amended. (D) Applicability. (1) The requirements and standards set forth herein shall apply to industrial and commercial establishments. (2) Single-family, residential dwelling units, unless involved in commercial operations, are exempt from the requirements of this section except where they fall under the purview of the Arkansas State Plumbing Code and/or the City of Fayetteville's Cross - Connection Control Program: Handbook of Policies and Procedures. (3) These standards are supplemental to and do not supersede or modify the Arkansas State Plumbing Code (ASPC) and its latest revisions under which the city operates. (E) Administration. The Water and Sewer Division of the city shall be responsible for administration of this section and evaluating the hazards inherent in supplying a customer's water system. (F) Backflow prevention. (1) Evaluation of hazards. The Water and Sewer Division shall determine whether solid, liquid, or gaseous pollutants or FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS contaminants are, or may be, handled and/or used on the customer's premises in such a manner as to possibly contaminate the public water system. (2) Customer installation of BFP. When a hazard or potential hazard to the public water system is found on the customer's premises, the customer shall be required to install an approved backflow prevention assembly (BFP), or an air gap, at each public water service connection to the premises. (3) Type of BFP. (a) The type of BFP required shall depend on the degree of hazard involved. (b) Any backflow prevention assembly required herein shall be an approved type which is in compliance with requirements of the City of Fayetteville's Cross - Connection Control Program: Handbook of Policies and Procedures. (4) Degree of hazard. The degree of hazard shall be as determined as set forth in AWWA M-14 manual or as described below: (a) In the case of any premises where there is an auxiliary water supply connected to the plumbing system, the public water system shall be protected from the possibility of backflow by a reduced - pressure principle backflow prevention assembly (RP) at the service connection. (b) In the case of any premises where substances are handled and/or used that are objectionable, but not hazardous to human health, and the likelihood exists of it being introduced into the public water system by virtue of a backflow occurrence, the public water system shall be protected by an air gap or approved double check valve assembly (DC). (c) In the case of any premises where there is any material hazardous to human health, which is handled and/or used in such a fashion as to create an actual or potential threat to the public water system by virtue of a backflow occurrence, the public water system shall be protected by an air gap or an approved reduced - pressure principle backflow prevention assembly (RP). (d) In the case of any premises where there CD51:48 are unprotected cross -connections, either actual or potential, the public water system shall be protected by an approved reduced -pressure principle backflow prevention assembly (RP) or an air gap at the service connection. (e) In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross -connection survey, the public water system shall be protected by the installation of an approved reduced -pressure principle backflow prevention assembly (RP) or an air gap at the service connection. (G) Noncompliance%mergencies. (1) Violation/notice. Upon discovery of any protective device required by this section which has not been installed, or is defective, or has been removed, or altered, or relocated, or bypassed, (except emergency situations), written notice shall be given to the customer. Such notice shall set forth the violation, the remedy required, and the time frame in which the violation shall be remedied. (2) Water service discontinued. (a) If violations are not corrected by the date and time as stated on the notice, the water supply will be discontinued by the Water and Sewer Division. (b) Discontinued water service shall not be resumed until conditions at the customer's premises have been abated or corrected to the satisfaction of the Water and Sewer Division. (3) No water service connection. No water service connection shall be installed on the premises of any customer unless the public potable water system is protected as required by this section. (4) Emergency. In emergency situations when the public potable water supply is being contaminated or is in immediate danger of contamination, the water service shall be discontinued by the water and sewer division immediately without notice. (H) Right of entry. For the purpose of making any inspections or discharging the duties imposed by FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS this section, the Water and Sewer Division of the city, the state health department, and/or plumbing inspector shall have the right to enter upon the premises of any customer. Each customer, as a condition of the continued delivery to his premises of water from the public water supply, shall be considered as having stated his consent to the entry upon his premises by the Water and Sewer Division of the city, the state health department, and/or plumbing inspector for the purpose stated herein. (1) Ownership. Backflow prevention assemblies required by this section will be installed downstream of the water meter and are owned by, and are the responsibility of the customer of the water utility. (J) Installation and costs. Customers of the city water utility requiring backflow prevention assemblies shall pay all costs associated with installation of the appropriate size and type of backflow preventer under private contract. Backflow prevention assemblies shall be installed in accordance with the requirements of the city's Cross -Connection Control Program: Handbook of Policies and Procedures. The Water and Sewer Division shall review and approve all plans for placement of backflow preventers prior to installation. Backflow prevention assemblies not installed in accordance with the requirements of the city's Cross -Connection Control Program: Handbook of Policies and Procedures shall be corrected at the customer's expense. (K) Testing and maintenance. The customer or the contractor responsible for the installation of the backflow prevention assembly will notify the Water and Sewer Division immediately after installation of the assembly so that it can be tested and inspected. The Water and Sewer Division will inspect and test the backflow prevention assembly within ten days of the installation date and annually thereafter. In instances where the Water and Sewer Division, the City of Fayetteville, and/or the plumbing inspector deems the hazard to be great enough, testing may be required at more frequent intervals. All costs of testing shall be paid by the customer. Any repairs required as a result of inspections or testing shall be arranged for and paid by the customer through private contract with a certified assembly repair technician. Records of inspections, testing, and/or repairs to backflow preventers shall be kept by the Water and Sewer Division and/or the city and made available to the state health department upon request. (L) New construction. All new construction within the CD51:49 city be effected upon the passage of this section. All existing customer premises shall be in compliance with this section in accordance with the notification by the water utility. (M) Thermal expansion. It is the responsibility of the customer to eliminate possible hazards caused by thermal expansion if a closed system has been created by the installation of a backflow assembly. (Ord. No. 4140,.1, 2-2-99; Code 1991, §51.146) 51.147-51.998 Reserved 51.999 Penalty (A) The use or withdrawal of water by any person when prohibited under the terms of .51.001 is declared to be a misdemeanor punishable by a fine of not more than $25.00; however, if the violation of said sections is continuous in respect to time, the penalty for the continuation thereof shall not exceed $15.00 for each day that the same is continued. (B) It is hereby declared to be a misdemeanor for any person to fail, neglect, or refuse to connect to a city sewer line within the time prescribed by .51.110. Said misdemeanor shall be punishable by a fine in the amount of $25.00 for the first offense, and shall be punishable by a fine of $15.00 for each day that such violation continues. (C) Any user who is found to have violated an order of the City Council under this chapter (except as set forth in (A) or (B) above), or who violates or knowingly fails to comply with any provision of this chapter or the orders, rules, regulations, and/or permits issued hereunder, shall, upon conviction, be fined as set forth in .10.99 for such offense. Each day on which a violation shall occur or continue shall be deemed a separate or distinct offense. In addition to the penalties provided herein, the city may recover the expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder. (D) Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, or an industrial wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS by a fine as set forth in .10.99. (Code 1965, .21-1.9, 21-5.1(c), 21-144; Ord. No. 1742, 6-1- 70; Ord. No. 1757, 8-17-70; Ord. No. 2095, 4-1-75; Ord. No. 3250, 3-17-87; Code 1991, §51.999) State law reference(s).Powers of authority generally, A.C.A..14-143-109. CD51:50 Operations and Maintenance Services 2021 Annual Report Fayetteville, Arkansas 'I Challenging today. % taco S, Reinventing tomorrow. R • s '♦ 19 lip s 11� • ��, .► C , � •` ti jam. ' � I � � ice• • .;acobs To our clients, community, partners and friends Our experience together in 2021 ran the gamut from innovation and triumph to setback and recovery As a team, we addressed a financial shortfall with close analysis and status monitoring, turning a loss into a notable gain. We found a better way to complete a capital upgrade of the influent force main at the West Side Water Resource Recovery Facility (WRRF) that reduced worker hazards, saved costs and expedited installation of the main. We planned and executed refurbishment of Lift Station 16, achieving a "transformational" repair and replacement of pumping equipment, removing abandoned electrical boxes and conduits and repainting for better aesthetics. When temperatures plummeted in February, we applied what we've learned about energy management via onsite generation to keep high -demand equipment off the power grid and help Fayetteville avoid rolling blackouts. Working closely with the City, and applying Jacobs' broad technical resources, we've brought reliability - centered maintenance into its own onsite. By applying predictive software and technologies that track equipment condition closely and help assess failure potential, we can determine when to repair equipment and replace parts economically before we incur greater expense. In doing so, we realize benefits and cost savings for Fayetteville, its residents and the business community. I'm confident you'll share my enthusiasm for our unique partnership as you review this report. It's always a pleasure to serve an active and visionary partner like Fayetteville. Thanks for another year of firsts! All our best, � �, Monty Sedlak, Project Manager, and the Jacobs Fayetteville team Teamwork, monitoring keep costs in line despite challenges In 2021, we encountered numerous unplanned, unfunded expenses related to biosolids management, electrical load -shedding and capital upgrades. We determined we needed to address and manage costs as a collective team. We established an onsite cost -tracking process that enabled accurate understanding of cost status and financial condition. We also self -performed some repairs and upgrades such as those to Lift Station 16 described later in this report, and covered the costs of some critical and time -sensitive activities to assure successful operations and service. Every team and function pitched in to reduce costs for everything from materials and supplies to contractor fees. The result: Despite more than $300,000 in additional, unfunded expenses, we ended 2021 more than $10,000 under budget. Fayetteville 2021 Annual Report PPS0624211056DEN CA4L N/ _-T Serving Fayetteville since 1987 We've accomplished much in more than three decades of partnership. From starting and commissioning the Noland and West Side WRRFs to re-establishing native vegetation and wetlands and upgrading instrumentation and control systems. We are proud to be your partner for total wastewater quality management and we're excited to work together with the City to address many more challenges. Our longstanding partnership places the City in control and ownership of its utilities and equipment, and we work to keep systems operating in top condition. Exhibit 1 outlines recent achievements we've marked together. Exhibit 1 Recent milestones and accomplishments Activity Action Information systems Jacobs installed and configured operating software that upgrade and integration promotes more flexible data handling, extraction and analysis, and is more compatible with instrumentation and control systems in use at all facilities. Instrumentation and Replaced outdated supervisory control and data control enhancements acquisition (SCADA) interface software to assure consistent access and appropriate control by operators and systems analysts. Maintenance Excellence Moved predictive maintenance forward throughout Initiative the City's facilities, supported by a comprehensive maintenance database for tracking and trending performance. Applied analysis and monitoring technologies such as predictive modeling, ultrasound assessment, precision alignment and live data logging. Benefit More consistent operations data management and reporting Software enables creation of custom forms matching documents in use onsite Operations software is readily compatible with tablet computers operators use in the field Updated software is developer supported Upgrades compatible with network switches and related equipment installed as part of the ongoing SCADA system upgrade Minimizes equipment downtime Avoids service interruptions Reduces overall operations and maintenance (0&M) costs Our team Our staff supports effective wastewater management and public health. Operators, maintenance specialists and technicians hold appropriate certifications, and many have higher level credentials. Highly qualified, certified and trained staff keep treatment systems functioning and in proper repair, apply appropriate technology for efficient operating and reporting and drive advanced operations functions including reliability -centered maintenance and asset management. Exhibit 2 outlines the experience and roles of our leadership team, and Exhibit 3 shows operator certifications, licenses and related credentials for team members. BMS team — Ben Shondelmyer, Mike Reed, John Tenburge, Pete Burrow, David Dajani, Rick Witherspoon Laboratory team — Walter Chodor, Matt Benton, Donna McChristian, John Byrd O&M team members — Sarah Garrison, Brian Daniels, Jeff Hickle, Caleb Wheeler, Travis Patton O&M team members — Ethan Crane, Shawn Santellanes, Tom Meunier, Brittney Doyel, Anthony Ramsfield Fayetteville 2021 Annual Report PPS0624211056DEN Exhibit 2 Our experienced and knowledgeable leaders support and guide effective operations Team member Years of experience Areas of knowledge/specialization Monty Sedlak 31 Operations oversight, manager/staff support and guidance, financial It Project Manager planning and management, client service and response, quality assurance/ quality control (QA/QC). Leonides Moreno Miranda 2 General administration and financial management, data interpretation, Assistant Project Manager staffing, compliance reporting and recordkeeping. Tim Luther 23 Treatment system operations oversight, data gathering and interpretation, Operations Manager staffing and resource allocation, coordination of maintenance and repairs. Mayo Miller 10 Control systems installation, programming and maintenance, data SCADA Supervisor management and tracking, SCADA system planning and design. Josh Apeman 19 Equipment repair, condition assessment and predictive/preventive Maintenance Supervisor maintenance, maintenance data tracking and reporting, capital improvement. Austin Ramsfield 9 Treatment system equipment operation, monitoring and control, sample Operations Supervisor collection, data gathering, regulatory reporting, staff and resource allocation; data interpretation, staffing, compliance reporting and recordkeeping, treatment process monitoring and control. Genz 12 Biosolids Management Site operations and maintenance. Equipment Biosolids Coordinator operation and repair/maintenance, process control, records tracking, ImJerry regulatory reporting. Jeff Hickle 11 Land restoration and sustainability program management, environmental Environmental Scientist planning, community partnerships, public outreach and education. Thom Vinson 35 Treatment system operations and control, staff supervision and direction, Operations Supervisor data gathering and reporting, equipment troubleshooting and corrective action, supply management. Our team Exhibit 3 Fayetteville's professional operations staff has applicable Arkansas state licenses and certifications for successful operations. Team member License type License class Alleman, Josh Wastewater (WW) Treatment Operator Class II Benton, Matt WW Treatment Operator Class III Burrow, Peter WW Treatment Operator Class II Byrd, John WW Treatment Operator Class I Carter, Buddy WW Treatment Operator Class I Cooley, Pat WW Treatment Operator Class I Chodor, Walter WW Treatment Operator Class I Dajani, David WW Treatment Operator Class III Daniels, Brian WW Treatment Operator Certified Maintenance and Reliability Technician (CMRT) Certified Vibration Technician Class II Dollarhide, Rick WW Treatment Operator Class I Doyel, Brittney WW Treatment Operator Class I Goolsby, Paul WW Treatment Operator Class I Hickle, Jeff WW Treatment Operator Class III Johnson, Jeremy WW Treatment Operator Class I Luther, Tim WW Treatment Operator Class III Marr, Tim WW Treatment Operator CMRT Master Electrician Class III McChristian, Donna WW Treatment Operator Class III Meunier, Tom WW Treatment Operator Class II Miller, Mayo WW Treatment Operator Class III Moreno Miranda, Leonides Assistant Project Manager Class I Patton, Travis WW Treatment Operator Class III Ramsfield, Anthony WW Treatment Operator Class III Ramsfield, Austin WW Treatment Operator Class IV Santellanes, Shawn WW Treatment Operator Class III Sedlak, Monty WW Treatment Operator Class IV Shondelmyer, Ben WW Treatment Operator Class I Smothers, Chandler WW Treatment Operator Class I Spohn, Michael WW Treatment Operator Class I Sweeney, Justin WW Treatment Operator Class II Tenberge, John WW Treatment Operator Class III Vinson, Thom WW Treatment Operator Class IV 8 Fayetteville 2021 Annual Report PPS0624211056DEN Advanced certifications promote efficiency, effective pretreatment Some of our leaders and staff earned higher -level certifications during 2021 (Exhibit 4). By preparing and gaining knowledge for advancements, team members promote overall efficiency and optimization: ■ Project Manager Monty Sedlak obtained an Arkansas Class IV wastewater operator's license in 2021. ■ Industrial Pretreatment Coordinator John Byrd earned an Arkansas Advanced Industrial Wastewater Operator license. By gaining greater understanding of industrial wastewater treatment, John and our industrial pretreatment program (IPP) interact more effectively with local and regional industry participating in the program. ■ Operators -in -Training Brittney Doyel and Paul Goolsby earned Arkansas Class 1 Wastewater certifications. Training Training and continuous improvement are integral to Jacobs' approach to developing our people, so they can deliver the best service for Fayetteville. We train team members in leadership, health and safety, financial management, compliance, sustainability, technical best practices and innovation, communications, reporting and employee growth and development. Jacobs also conducts specialized and practical training with the goal of maintaining and advancing skills and competency. Well -trained and knowledgeable operators, technicians and specialists manage facilities more efficiently, sustain compliance and maximize equipment life. Our staff has focused on an array of training, specifically in the areas of safety, process control, industrial pretreatment and maintenance systems. Jacobs recognizes the importance of training our employees, because it increases their knowledge base, builds their skills — and with that —their confidence and involvement. At Jacobs, managers and supervisors are encouraged to continue their professional development. Leaders and high -potential staff participate in quality and leadership training each year. Exhibit 5 summarizes training topics for the whole team and for selected functional leaders throughout 2021. Support resources drive world class operations Jacobs team onsite at Fayetteville receives hands-on and advisory support from professional operators, operations specialists and technologists throughout Jacobs' South Central region, and many more experts in the Jacobs enterprise. Regional support resources also include financial and administrative staff who oversee business, supply chain and data management. Applying the resources from this network enables the onsite team to control costs while sustaining compliant and efficient operations. In 2021, operations specialists, maintenance leaders, safety professionals and related experts spent more than 5,000 hours training and advising 0&M staff, helping Fayetteville maximize operating and cost efficiency, assessing equipment condition and establishing or modifying maintenance protocols and practices. Exhibit 6 shows regional support hours by category. Compliance - Regulatory compliance specialists assess permits and help with renewals and compliance plans. Specialists also address compliance and regulatory challenges. Operations assessment and consulting - Process troubleshooting, repairs, performance testing, quality management and system improvement. Asset management and reliability -centered maintenance - Condition assessments using predictive modeling software; determining facility asset operating longevity, lifecycle cost and risk; and estimating repair and replacement costs and capital replacement costs. Optimization - Treatment process and operations optimization that lowers variable costs, benchmarking against a database of more than 100 similar facilities and providing a Web -enabled portal for data access and analysis. Software enhancement - Installation, programming, operator training and monitoring of operations software, control systems and maintenance databases. General administration and management - Support for business systems, agreements, financial planning and analysis, supply chain, staffing and client service. Exhibit 6 Jacobs regional support resources support service and quality without additional cost. 5,000 hours of additional ■ Compliance ■ Supply chain/procurement ■ General support including control systems, accounting/finance, technical services, maintenance support Non -routine services Safety 10 Fayetteville 2021 Annual Report PP50624211056DEN Operations and maintenance highlights Permit compliance remains consistent as flows and production increase As the designer and longtime operator of Fayetteville's facilities, we bring a unique understanding of their capabilities and their needs. In 2021, Fayetteville's two WRRFs treated and discharged 5.7 billion gallons of clean, safe treated water back to the environment. The total average daily flow coming into both plants in 2021 was 15.6 million gallons per day (mgd), which is 68.4 percent of the combined design plant capacity of 22.8 mgd and a 5.4 percent increase from 2020. The Fayetteville team maintained consistent compliance at all facilities under our care throughout 2021, with zero permit violations. Because the WRRFs return treated wastewater to two separate watersheds with sensitive ecosystems and species, it is imperative that the treatment systems remove pollutants efficiently to minimize environmental impact. The Jacobs Fayetteville team monitors treatment processes closely, and optimizes treatment such that we sustained a 100-percent permit compliance rate throughout 2021. Regulated pollutants include biochemical oxygen demand (BOD), total suspended solids (TSS), ammonia (NH3) and phosphates (PO4). Exhibit 7 shows removal performance for common pollutants at both facilities. Exhibit 7 Monthly pollutant removal performance at Noland and West Side WRRFs 102 NOLAND —e—BOD -o.-TSS tPO4 NH3 100 98 �► - 96 94 92 90 88 86 84 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 102 WEST SIDE tBOD -4o.-TSS tPO4 NH3 100 98 96 94 92 90 88 86 84 82 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Operator suggestion results in safer, more efficient piping upgrade The Fayetteville team is always seeking better, safer and more innovative ways to do theirjobs and serve the City. In summer 2021, operating staff worked with the City and with contractor JL Bryson to install a new 10-inch influent force main at the West Side plant. Rather than core -drilling the influent channel to accommodate the new force main, operators suggested using an existing 36-inch main, and installing a reducer. This measure enabled the crew to avoid core -drilling an opening for the new main, which also eliminated the need to bring in bypass pumps to keep water levels in the influent channel low enough so that drilling crews could work. Using the existing main proved safer, faster and less labor intensive than the core -drilling option. Jacobs staff assisted with the installation, and shut down the four other force mains coming into the plant so the work could be completed. 1fY influent from III IL �� I /�/ I I I Ruppla Roatl LS I I a! 1 //// I I I Ire,I=Nis isn't ideal positioning given the site pump B e I �pI ' I � I emtioalme � opfion t - core eml mm I I I J r- _� I I L � � influent box while water level is low I I I I w I� / I I ICI � � � / ' // Can operations be � I � ------------- I I I � I moeifietl to lower this water levelmellowacwe `/Sla+la� 1 f---------I I t MR? I I I uua rum l .� I I I ICI 1-SLC-1 / 3\ I I I yore anti mro wan ____ I 11}NiLL r while water level is = • Inl JIIL_ I I I mww low i Ir�� I I I i I IL 1IR--�/ III 71V'------ 1 1 9 1 1 I I I I Y�•aY-�P � a JIL_ I I I I I I I I I --- L----____J L_______------ ix.•. t4rJeg fi Using an existing main reducer for a new influent force main at West Side avoided the need to core drill the influent channel. The team eliminated the need for extra equipment, unnecessarily long shutdowns and potential safety hazards. BE Operations and maintenance highlights Lift Station 16 upgrades improve function and aesthetics Lift Station 16 needed attention to remove unused equipment and replace pumps. Aesthetics and appearance needed a boost also. Our maintenance team replaced the old floor -mounted pumps with dry -pit units, replaced wiring and control telemetry, removed plywood flooring and repainted the interior of the station. Before and after photos follow: The Fayetteville team completed a "transformational' rehabilitation of L516, replacing pumps, removing unused electrical equipment and conduit, replacing flooring and painting. 12 Fayetteville 2021 Annual Report PPS0624211056DEN Power Management Plan saves costs via onsite generation, off-peak consumption The WRRF staff continued to accumulate significant electrical savings in 2021 by utilizing the 2-megawatt generators at each site and implementing our Power Management Plan to maintain the 'off-peak' rate structure for the Noland WRRF, West Side WRRF, and Hamestring Lift Station. The Power Management Plan uses three 2-megawatt power generators to operate the facilities during peak demand periods to eliminate the use of grid -supplied energy during the peak -setting periods. Using the generators allowed the WRRFs to take advantage of off-peak rates. The end of September marked the end of a successful load management season. Load shedding was required 31 days in 2021 for a total of 151.6 hours of on -site power production at the Noland WRRF, West Side WRRF, and Hamestring Lift Station. The success of this four -month load management season allows the City of Fayetteville to take advantage of the off-peak rate structure and savings. ONSITE GENERATION HELPS FAYETTEVILLE AVOID ROLLING BLACKOUTS DURING FEBRUARY COLD While 2021 was highly successful for energy management, challenges including record -breaking cold temperatures in mid -February tested our abilities and preparation. More than a week of cold and below -zero temperatures strained power generation and transmission systems. So to avoid overtaxing the grid, the Noland, West Side, and Hamestring facilities switched to their respective onsite generators. This measure averted the need for extended rolling blackouts in Northwest Arkansas. Technology takes maintenance to next level During the past two years, the Maintenance staff, along with regional support, have been implementing and refining Fayetteville's predictive analytics program. Throughout 2020, the team conducted ultrasound analyses of key equipment, and tracked condition and failure potential using the Ultra® and Augury® software tools to assess potential failures and plan maintenance. In 2021, we upgraded to Artesis®, for real-time condition monitoring. Artesis can be used on additional equipment, including submersible pumps, and can monitor their performance and condition while they are operating. Data gathered from real-time operation reinforces our repair/ replacement decisions, supports cost management and focuses multi -year capital improvement plans. Tim Marr and Josh Alleman, both certified maintenance technicians, have led data -gathering and interpretation for predictive maintenance. By gauging the health of machinery and equipment, the Maintenance team has saved costs during repair and replacement of aerator motors. Previous protocol was to operate motors to failure and rebuild them at up to $4,000 each. By tracking condition in Artesis, realigning motors to their gearboxes and replacing bearings, motors continue running for $700, a cost savings of more than 80 percent. ARTESIS AMTPRO EQUIPMENT STATUS REPORT 4 ARTESIS AMTPRO EQUIPMENT STATUS REPORT .E4.1P-, Artesis enables maintenance personnel to track machine condition and performance in real time. 13 Operations and maintenance highlights Laboratory operations highlights The Fayetteville laboratory staff manages sampling, analysis and data gathering for treatment process control and regulatory reporting. In 2021, our three -member team took on additional assignments to support pandemic tracking and evaluate a different method for ammonia analysis. COVID-19 Study —Jacobs participated in the University of Arkansas COVID Project with Dr. Wen Zhang and colleagues in an endeavor to determine the feasibility of tracking virus markers throughout various steps within the wastewater treatment process. Samples were collected twice per week from five locations at each facility for several weeks. This study follows a 2020 project in which we participated with Arizona State University Ammonia analysis — The laboratory completed a method comparison evaluation and began using the HACH TNTplus' analysis for ammonia nitrogen, TNTplus replaces the Ion Selective Electrode method (ISE). TNT yields a faster and more stable analytical result and a much -improved reportable detection limit from 0.10 milligrams per liter (mg/L) to a much lower 0.02 mg/L. Maintenance and asset management The maintenance team has been applying new tools and innovative approaches in our maintenance and asset - management program. These tools enable accurate diagnosis of equipment wear and damage, and support planning and decision -making for repair and/or replacement. This focused and proactive maintenance program helps avoid unnecessary costs and major equipment failures. During 2021, our work orders and time input resulted in 93 percent proactive maintenance actions, as summarized in Exhibit 8. Exhibit 8 Maintenance actions by type, 2021 ■ Proactive ■ Reactive 14 Fayetteville 2021 Annual Report PPS0624211056DEN Industrial Pretreatment Program Jacobs administers Fayetteville's IPP, which governs seven permitted industrial users. Significant industrial users (SIU) include Hiland Dairy, ConAgra and Tyson Mexican Original. Categorical industrial users (CIU) include Elkhart, Marshalltown tools, Custom Powder Coating and Ecotech consumer products. Ecotech became the most recent categorical industrial user in Fayetteville under the plastics molding and forming subcategory for new users. Along with administering the program, IPP personnel serve as industrial liaisons who educate and train industrial users and the public. In addition to domestic, commercial and industrial discharges to the municipal sewer system, hauled septic tank waste, portable toilet waste and some special wastes can be discharged into the head of the Noland WRRF or at a wastewater lift station. Fees from IPP dischargers and waste haulers generate revenue that helps defray the cost of wastewater operations. The IPP and septic haulers discharging at the WRRF pay fees for increased strength of their waste or for not having a defined service location. Exhibit 9 shows IPP program revenue. Exhibit 9 2021 IPP program revenue Month Surcharges Fees from hauled waste accepted January $63,603.86 $1,950.00 February $69,743.01 $1,500.00 March $44,716.41 $2,300.00 April $81,207.05 $2,500.00 May $111,456.30 $2,050.00 June $97,562.02 $2,850.00 July $98,845.88 $2,350.00 August $63,013.34 $2,400.00 September $95,523.54 $2,450.00 October $86,792.74 $2,850.00 November $91,930.81 $2,200.00 December $131,803.03 $2,000.00 Total surcharges $1,036,197.99 Total fees from hauled waste accepted $27,400.00 The Jacobs IPP team assisted Fayetteville with several investigations into wastewater observations and strategies: ■ Investigated a reported incident to the Fayetteville Utilities Department, about yellow water flowing through the south side of Walker park. We identified the source as silt from stormwater runoff entering the waterway. ■ Helped the City evaluate and inspect several Fayetteville restaurants' grease -traps for overall best management practices. This measure helps assure compliance with the City's sewer use ordinances and avoids process upsets from high -strength waste streams. ■ Evaluated a remediation site for discharge at the Baldwin Piano shut down. The Arkansas Department of Environmental Quality (ADEQ), through the Arkansas Pollution Control and Ecology Commission (APC&EC) added the Baldwin Piano and Organ site to the Remediation category of the State Priority List on December 6, 2003. This measure was taken to remediate the known regulated substances in the site soils. ■ Conducted a wastewater survey of the users within service areas. This survey determines significant impact on the wastewater collection and treatment system and its processes, as well as to confirm compliance with the IPP and the Discharge and Pretreatment Regulations in the Fayetteville Code. Surveys were mailed at the beginning of February and were due back to the IPP coordinator by the end of April. At the end of February, there was a 69-percent remittance rate. This is a continuation of the 2020 Wastewater Survey, as the original mailing occurred during the start of the COVID-19 pandemic, and thus responses were limited. The original response rate for the 2020 wastewater survey was about 54 percent. ■ Completed annual compliance inspections for all SIUs ■ Completed compliance sampling and quarterly surcharge sampling for the three food -industry SIUs. A detailed, month -by -month IPP activity report for 2021 is available on request. Contact John Byrd atjohnson.byrd@ jacobs.com for more details. 15 Safety Jacobs' Fayetteville safety team members are the core of our health and safety program onsite. Team members fulfill the safety function in addition to their normaljob duties. Each team member is required to attend additional meetings and train plant staff. Team members participate in one monthly safety inspection. The inspections require an extra attention to detail, and it can take up to three months before a team member can perform an inspection independently. Our safety program stresses training and continuous facility inspection for incident prevention. We conducted more than 200 safety training sessions in 2021. As a result of whole -team participation, we did not experience a recordable safety incident in nearly 100,000 working hours. Pandemic response and protocol support uninterrupted service We all hoped that 2021 would bring an end to the COVID-19 pandemic. Infection and positivity rose and fell throughout the year, as we followed our established Continuity of Operations plan. The plan provides for contingency response, backup staffing —sourcing staff from other Jacobs locations if necessary —and crosstraining in the event of an outbreak onsite, or multiple, simultaneous infections. We continued stressing safety protocols for physical distancing and face coverings, and we kept up the dialogue and protocol for infection control, prevention and health care. Our response and planning efforts enabled us to keep running the facilities in full compliance, even when as many as 30 team members were absent or isolated. We faced real difficulties with such a short staff, but we made the best of pooled and backup resources. The most telling result of our commitment to safety and infection control onsite: No team member contracted the virus while on the plant site or on the job. IM Fayetteville 2021 Annual Report PPS0624211056DEN Sustainability Duyen Tran, sustainability leader, retires In late 2021, Duyen Tran, who helped catalyze Fayetteville and Jacobs sustainability efforts, announced her retirement. Duyen worked for Jacobs and the City of Fayetteville for 32 years, making numerous contributions as Laboratory and Industrial Pretreatment Coordinator and Project Manager before becoming Director of Sustainable Operations. During Duyen's tenure, Fayetteville established land -stewardship and restoration, energy and resource -management protocol and procedure that have become the standard for our 0&M practice. Her vision and hard work helped Fayetteville gain recognition as a thought leader in environmentally sound municipal operations. Fayetteville team members, led by Environmental Specialist Jeff Hickle, continue Duyen's work. They have expanded public outreach and education around land restoration, wetlands conservation and natural resources. The Woolsey Wet Prairie adjacent to the West Side WWRF is a public asset, welcoming bird watchers, researchers and visitors interested in everything from local history to native vegetation. The area also has been designated an Important Bird Area by the National Audobon Society, and has served as an aquatic and wildlife research site for the University of Arkansas and other institutions. Duyen's environmental -stewardship legacy with Jacobs spans more than a decade of dedicated work, during which she influenced wise resource and energy use at locations throughout North America. The last edition of the Jacobs Operations Management and Facilities Services Sustainability Annual Report summarizes an impressive record of waste minimization, greenhouse gas reduction, water reuse and community stewardship, among other achievements (Exhibit 10). Exhibit 10 The Jacobs sustainability program for the operations practice area has achieved great success, due in large part to Duyen Tran's leadership and hard work. 1x GREENHOUSE GAS REDUCTION 32,946 metric tons since 2010 WASTE MINIMIZATION ECOSYSTEM ENHANCEMENT 108 enhancements since 2009 Duyen Tran hasn't stopped contributing to our industry since her retirement. She recently was named a Water Environment Federation Fellow. ion FUEL 276,129 gallons since 2009 17 Community involvement 2021 was a very successful year for the Fayetteville Community Involvement Team. After experiencing multiple event cancellations in 2020 due to the pandemic, gradual lifting of restrictions allowed the team to reengage the community and begin work on several postponed projects. Community activities throughout 2021 comprise the following: ■ Formally adopted a stretch of Broyles Avenue in front of the West Side facility and completed four quarterly roadside cleanups in 2021. . Partnered with Fayetteville to remove invasive plant species from the Woolsey Homestead as part of the City's ongoing restoration project. ■ Assisted the Beaver Water District in removing invasive plant species at Kessler Mountain Regional Park ■ Participated in the 16th annual Secchi Day at Beaver Lake. ■ Held the second annual donation drive for Fayetteville Animal Services . Hosted the Eighth Annual Native Seed Collection Event. ■ Partnered with Life Source International to collect food for their Thanksgiving holiday donation drive ■ Joined forces with Toys for Tots to collect Christmas toys for disadvantaged children in the community. The Fayetteville team hosted facility tours for educators, clubs and interested parties throughout 2021, including Scout Troop G. 18 Fayetteville 2021 Annual Report PPS0624211056DEN Looking ahead As we look to future operations and improvements, there are more opportunities to grow and focus our reliability -centered maintenance. Additional predictive analytics and approaches, such as motion magnification, will enable us to identify and prevent damage caused by excessive vibration so that we spend less on equipment replacements and the equipment spends more time in reliable service. We've identified an accomplished leader to take Fayetteville into the future. Jan Guy will assume the Project Manager role in 2022, continuing the technology application and analytical management approach Monty sedlak initiated, and adding her own operations planning, team leadership, budget administration and performance -tracking expertise. Jan brings two decades of experience maintaining and optimizing wastewater utilities of all types, technologies and capacities. She holds high-level operator certifications, and she has served in managerial and senior -oversight roles for more than 16 years. Jan Guy brings a successful track record as a wastewater facilities technician and administrator to her role as Project Manager at Fayetteville. "1 am thrilled to be joining a truly successful and accomplished team," Jan said. "We have accomplished a lot during our 35 year partnership, and our continued collaboration will help synergize our partnership while advancing our environmental protection and conservation efforts." Jan is the right leader at the right time. The Jacobs/Fayetteville partnership has demonstrated the power and value of cooperation, continuous improvement and technology. Let us always work together to keep our community healthy, safe and highly livable. m www.jacobs.com inOo' .`fO .;acobs SL0315181454DEN Jacobs Fayetteville Client Monthly Report for August 2022 September 20, 2022 City of Fayetteville CITY OF WiM FAYETTEVILLE ARKANSAS Noted as a declining species by the Audubon Field Guide, this Dickcissel fledgling, Spiza americana, is photographed in the Woolsey Wet Prairie Sanctuary at the West Side WRRF Jacobs Fayetteville Client Monthly Report for August 2022 Jacobs Contents ExecutiveSummary..................................................................................................................................................2 1. Plant Operations.........................................................................................................................................3 1.1 Process Control........................................................................................................................................................... 3 1.2 Biosolids Process........................................................................................................................................................3 1.3 Compliance.................................................................................................................................................................. 3 1.4 Successes......................................................................................................................................................................4 1.5 Issues/Resolutions.................................................................................................................................................... 6 1.6 Revenue.........................................................................................................................................................................6 Table 1-1: Revenue generated from the BMS...............................................................................................................6 Figure 1-1: Revenue generated from the BMS via hay, fertilizer, and WTR.......................................................7 2. Maintenance................................................................................................................................................8 2.1 West Side.......................................................................................................................................................................8 2.2 Noland............................................................................................................................................................................8 2.3 Lift Stations..................................................................................................................................................................8 2.4 BMS Maintenance................................................................................................................................................... 10 2.5 Key Performance Indicators/Measures.......................................................................................................... 10 Figure 2-1: Labor Hours by Work Order Type............................................................................................................. 10 Figure2-2: Work Order Count by Type.......................................................................................................................... 11 2.6 Capital Improvement Projects(CIP)................................................................................................................ 11 3. Laboratory/Industrial Pretreatment...................................................................................................12 Table 3-1: Revenue generated from the Industrial Pretreatment Program(IPP)........................................ 14 Figure 3-1: IPP revenue total from surcharges, fees, and fines........................................................................... 14 Figure 3-2: Loads of hauled waste -by hauler and cumulative loads per month .......................................... 14 4. Woolsey Wet Prairie................................................................................................................................15 5. Community Outreach.............................................................................................................................16 6. Sustainability............................................................................................................................................17 7. Health & Safety/Training.......................................................................................................................18 AppendixA. Additional Information.................................................................................................................19 Effluent& Influent Data....................................................................................................................................................... 19 White River Effluent Characteristics................................................................................................................................ 19 Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 Jacobs Executive Summary During the month of August, the team enjoyed a barbeque lunch to say their farewells to Project Manager, Monty Sedlak, while welcoming the new Project Manager, Jan Guy. Mr. Sedlak accepted a position with a Jacobs Project located in Pembroke Pines, Florida. Ms. Guy will continue the technology application and analytical management approach by adding her own operations planning, team leadership, budget administration and performance tracking expertise. Jan brings two decades of experience maintaining and optimizing wastewater utilities of all types, technologies, and capacities. She holds multiple high-level operator certifications, and she has served in managerial and senior -oversight roles for more than 16 years. Budget Performance JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST $208,647 $186,715 $177,033 $171,817 $130,732 $147,098 1 -18,426 136 $(17,464) $21,341 $31,775 $(34,0891 51,553 $(51,532) , ' $(22,324) $(58,052) $(27,584) 5 $(72,873) $(98,957) $(1101221) $(131,579) $(199,357) $(229,869) ■ Labor Non -Labor Budget-Over(Under) The month ended with a positive financial variance which decreased when compared to the previous month. There was a decrease in non -labor expenses which may reflect a timing issue related to delays with parts and equipment purchases. The labor expense has increased as was expected with staff changes. The year-to-date budget is slightly favorable by $27,584. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 Jacobs 1. Plant Operations The Noland and West Side Water Resource Recovery Facilities (WRRF's) effluent discharges were 100% in compliance with the National Pollutant Discharge Elimination System (NPDES) permit. Details of effluent quality and influent loadings are shown in Appendix A. 1.1 Process Control Noland During the month of August, the Noland WRRF fed a total of 1,821 gallons of alum to the secondary effluent over 5 days starting on the 18t" due to a hindrance of phosphorus treatment in the aeration basin brought on by increased biological oxygen demand (BOD) loading. The mixed Liquor suspended solids (MLSS) concentration was increased in the aeration basins from 2,500 mg/L to 2,800 mg/L. A secondary issue concerning phosphorus was noted during the same time and was attributed to a phosphorus release in the secondary clarifiers bought on by a combination of warm water temperature and elevated inventory in the secondary clarifiers. Wasting was increased until the secondary clarifier inventory was within target parameters. Alum feed stopped on the 23rd and no further phosphorus issues have been observed. West Side During the month of August, the West Side facility had an estimated 10% increase in the influent BOD loading rate. The return activated sludge (RAS) rate and the wasting rate were adjusted to maintain a proper food to mass ratio (F:M) to ensure superior treatment and quality effluent. 1.2 Biosolids Process During the month, the WRRF's produced 1,763 wet tons of biosolids. No belt filter pressed biosolids were sent to the landfill. The 1,763 wet tons produced were spread in the solar houses and partially dried before being disposed at the landfill. A total of 1,020 tons of partially dried biosolids were sent to the landfill. This computes to 742 tons of water removed from the material before disposal. By partially drying biosolids before hauling to the landfill, it is estimated that $35,750 was saved in tipping fees. The total cost in fees for the month of August was $49,164. 1.3 Compliance The laboratory passed the second Performance Evaluation (PE) study for 2022. This PE Study will serve as the annual DMR-QA42 (Discharge Monitoring Report— Quality Assurance) to be reported to the Arkansas Department of Environmental Quality (ADEQ) in September. The PE Study is an ungraded blind sample study on permit parameters to test the ability of the laboratory to deliver accurate and reliable data. Analyses were completed and submitted to NSI Lab Solutions, US Environmental Protection Agency (USEPA) Region VI, and ADEQ. The USEPA requires major and selected minor NPDES permit holders to participate in an annual DMR QA Study. Permit holders must obtain QA samples from an approved provider. In addition, Jacobs requires all projects that perform DMR reportable tests onsite, to participate in at least two PE studies per year. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 Jacobs 1.4 Successes The installation and commissioning of the new valve actuator for the Equalization Basin (EQ) waste gate at the West Side WRRF was completed allowing for adjustment to process flow to be made from SCADA (supervisory control and data acquisition). Operations coordinated with BMS (Biosolids Management Site) to send 1.6 million gallons of fully treated effluent irrigation water to the BMS to aid in hay production management. The BMS continued to accept all water treatment residuals WTR produced by Beaver Water District. These residuals are evenly applied across all application zones. In a record month, the BMS team land -applied approximately 1,250 tons of water treatment residuals. The revenue produced from application was over $41,000. Hay sales remained consistent. An increase in sales is expected as most hay has been ordered but is still pending customer pickup. Approximately 172 tons were sold resulting in $16,490 in sales, this represents an average price of $95/ton. An increase in sales is anticipated as ordered pill:: hay bales await pickup Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 ,oacobs A BMS team member successfully passed the state issued CDL (Commercial Driver License) exams in August. The newly licensed staff member will provide support for our full-time drivers. Considerable progress was made for the new dryer project. The corrugated plastic panels, which separate solar houses E and F, were removed. The materials for the firewall were ordered and are onsite, and the staff is standing by for construction. BMS Dryer Building Plastic panels separating solar houses were removed in preparation for firewall installation 4 The hydraulic cabinet containing 100 and 200 horsepower motors was extracted from the decommissioned dryer building for use in the new dryer building. Hydraulic cabinet to be used in new Dryer Building Sustainably repurposing equipment Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 ,oacobs The decommissioned surge bin was also removed to grant access for the extraction of the 30' dry product auger. The dry product auger will be used as the dried solids conveyor unit 3 in the new dryer plans. Notable progress achieved in preparations to the new dryer room 1.5 Issues/Resolutions A semi -tractor, asset #770 experienced a hydraulic pump failure while attempting to unload partially dried biosolids at the landfill. As the operator was raising the trailer, the pump seized with the trailer only partially lifted resulting in an unsuccessful dump. The truck and loaded trailer had to return to BMS for inspection. After inspection, the hydraulic pump was removed and replaced with a spare pump from #751 which had been retrofitted for operating the belted trailer. 1.6 Revenue Table 1-1: Revenue generated from the BMS Product Hay Fertilizer Water Treatment Residuals Tons Sold/Received Revenue Generated 172 $16,490 0 $0 1250 $41,165 Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 ,oacobs Figure 1-1: Revenue generated from the BMS via hay, fertilizer, and WTR Revenue Generated Biosolids Management Site $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 � 0�y� Monthly 2021 Monthly 2022 Cumulative 2022 Jacobs — Fayetteville Project 7 Jacobs Fayetteville Client Monthly Report for August 2022 Jacobs 2. Maintenance 2.1 West Side The bio process gate actuator for the grit and scum removal unit (GSRU) was down for about seven weeks, due to the long lead time of the replacement actuator. The maintenance team installed the new actuator and wired the unit in. The supplier was scheduled to complete the commissioning of the actuator for warranty purposes. 2.2 Noland The maintenance team continues to work on preventive and corrective work orders at Noland. 2.3 Lift Stations The installation of the new generator for lift station 44 at Dot Tipton Road was a great team effort. The City of Fayetteville Water and Sewer Services crew delivered and placed the generator on the designated concrete base. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 Jacobs New Generator at Lift Station 44 Dot Tipton Road ay With the generator in place, the maintenance team began building support brackets to relocate the variable frequency drives (VFDs) cabinet to the side of the pump control panel. The redesign was acheived with no additional conduit located on top of the concrete or walkways which allowed for a safe and clean installation. The new ASCO transfer switch was installed and the vendor, Riggs CAT, was contacted to complete the warranty commissioning and service the generator. The lift station was returned to normal operating status which included emergency backup power. The staff reported intermittent pumping issues at lift station 22, Owl Creek on Double Springs Road. The maintenance team discovered that Pumps 01 and 02 were not pumping correctly and they deployed the portable pump to allow temporary operation and prevent overflows. The team removed the pumps and found the pump 01 rail guide was missing and this would not allow the pump to align properly. A collaborative brainstorming session resulted in a solution to fabricate a temporary rail support using stainless -steel strut material until the new rail support can be ordered, shipped, and installed. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 2.4 BMS Maintenance ,oacobs The BMS and Maintenance teams joined forces to provide demolition to the old dryer equipment and begin the preparation of the solar room transition to the new dryer building. 2.5 Key Performance Indicators/Measures 36.50, 0 626.92, 0 92.45, 0 Figure 2-1: Labor Hours by Work Order Type n n nn n ❑ 91.3s. 0 administrative corrective maintenance emergency corrective maintenance non emergency corrective maintenance from pm/pdm preventive maintenance C 1275.65, 1 project ❑ safety Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 Jacobs Figure 2-2: Work Order Count by Type rl 4 no/ administrative corrective maintenance emergency corrective maintenance non emergency corrective maintenance from pm/pdm preventive maintenance project ❑ 1820, 90' 2.6 Capital Improvement Projects (CIP) f 34,2% i-) 1% 128, 6% 30, 1 % At lift station 19, Mally Wagnon, pump # 3 was installed and commissioned in August. The pump had been sent to Electric Motor Center for repair as an unscheduled CIP project. A purchase order was issued to purchase a new submersible pump for lift station 12, Double Springs Road Farmington West. A proposal to purchase a new conveyer for the BMS facility received final council approval. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 Jacobs 3. Laboratory/Industrial Pretreatment West Side Goose Creek samples were collected to complete the Whole Effluent Toxicity (WET) testing and sent to Cove Environmental for analysis. Ramboll laboratory is no longer in business but they assisted in the transition to begin testing with Cove laboratory. The samples passed WET testing for both species; Ceriodaphnia Dubia, water flea, for survival and reproduction and the Pimepha(es promelas, fathead minnow, for growth assessment showing neither lethal nor sublethal effects, in the full dilution series outlined in the discharge permit for Goose Creek of 100%, 74%, 56%, 42%, 32% and 0%. A lab data quality control excursion resulted in using outside lab services for CBOD effluent samples in August. The glucose glutamic acid standard recovery was out of QC control limits and subsequent samples were sent to GTS lab. An unstable probe appears to be creating causal conditions and a new probe has been on backorder since June. Supply chain issues continue to pose a challenge for perishable items such as this, that cannot be held as critical spares. Seed concentration changes during the continued dry weather were also suspected to be a factor and the seed inoculation volume was lowered even further. QC results returned to an acceptable control range but remain elevated, further investigation is continuing pending the arrival of the new probe. Quarterly surcharge sampling (BOD, TSS, T-Phos, pH) was performed in August for the three SIU industries (ConAgra, Hiland, Tyson). Data reports from this sampling event are sent to the industries to use with their daily and monthly average calculations to verify and report compliance. The team developed a document outlining fines in collaboration with City Attorney, Mark Rogers, and Tim Nyander. Sonic Drive -In in Greenland was sent a fine document for continual violations regarding fats, oils, and grease discharges and lack of proper grease interceptor upkeep, to be paid by the end of September. Unusually high water usage was investigated at the Noland WRRF after being contacted by City staff. It was determined that the usage amount was due to repair of a return W3 line so W1 was needed for use while the repair was completed. The water usage returned to a more acceptable amount during the month of August. FTN updated Jacobs regarding the Baldwin Piano Remediation site. Their estimation is that construction will begin Q4 2022 with startup not occurring until late Q2 2023. A reminder was sent to Elkhart regarding their industrial permit renewal application being due at the end of September 2022. Wolfspeed's factsheet was finalized with their permit nearing completion. Since construction is currently underway, we are unsure whether the permit will need to contain further changes. This is causing a slight delay in the process, but documents remain ready to be executed shortly after construction variables are worked out. John Byrd attended the 37th Annual RVIPA Conference in Denton TX Aug 2-5. Topics included updates on federal pretreatment regulations and issues, best practices planning for the future with Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 Jacobs the wastewater surveillance program management, and funding initiatives from Congressional infrastructure and climate change bills. Monthly surcharge and waste hauler reports were completed and sent to the city for billing. For revenue generated from the IPP, see Table 3-1, Figure 3-1, and Figure 3-2. Jacobs — Fayetteville Project 13 Jacobs Fayetteville Client Monthly Report for August 2022 60 50 40 30 20 10 0 ,oacobs Table 3-1: Revenue generated from the Industrial Pretreatment Program (IPP) Revenue $95,019.95 Surcharges on July data $2,050.00 Fees from hauled waste accepted in August $0.00 Other fees paid in August $0.00 Fines assessed in August Zero violations Violations on July data Figure 3-1: IPP revenue total from surcharges, fees, and fines Revenue Generated Industrial Pretreatment Program $140,000 $120,000 $100,000 $80,000 $60000 $40:000 $20,000 >a��a�J J fair P��\ 40 >��e >�\, ❑ 2021 Monthly Surcharge Fees plus Hauled Waste Fees ❑ 2022 Monthly Surcharge Fees plus Hauled Waste Fees Figure 3-2: Loads of hauled waste -by hauler and cumulative loads per month Hauled Waste Summary ■ 2022 APT ■ 2021 APT 2022 BJ ❑ 2021 BJ P �eQ�0 pp ore eye � O 2022 TOTAL ■ 2021 TOTAL ■ 2022 CIC Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 Jacobs 4. Woolsey Wet Prairie With over 4.5 inches of rainfall in August (normal average is 3.24 inches) the IVM (Integrated Vegetation Management) team took advantage of every treatment opportunity utilizing 13 days in August. Sericea lespedeza remains the highest priority target with the treatment window approaching its end as indicated by the flowering stage. Carpetgrass continues to be monitored for further development as September is anticipated to be the window for peak treatment. Grassland -prairie bird species are also wrapping up their breeding season this month. Certain native species, such as Dickcissels, Spiza americana, are critically dependent upon Woolsey's native vegetation for successful nesting and rearing of young. The pictured Dickcissel fledgling successfully left its nest and was sheltering within Ironweed species as parents continue to feed while it learns flight skills. Found in the prairie grasslands of the Midwestern United States. Winters in Central America, northern Colombia, and northern Venezuela. The Dickcissel disappeared during the late 19th century, reappearing in the 1920's in small numbers. Jacobs — Fayetteville Project is Jacobs Fayetteville Client Monthly Report for August 2022 s k 5. Community Outreach ,oacobs Jacobs team members participated in Beaver Water District's (BWD) Secchi Day, which has been held on the 3rd Saturday of every August since 2006. On a beautiful sunny day in late summer, BWD arms 35 sampling teams with a Secchi disk (a visual tool used to measure water turbidity), two 1-litre bottles, data collection surveys, maps and GPS coordinates to assist in collecting water quality data throughout the entire 70-mile length of Beaver Lake, White River, and War Eagle Creek. The data collected will be displayed on a large data board known as "The Great Wall of Secchi" at the water science festival later this fall. This portion of data helps provide a stark visual representation of the turbidity and transparency of Beaver Lake. As a local stakeholder receiver and contributor of the Beaver Lake watershed, Jacobs team members have made it a priority to participate in this event each year and aid in public education and outreach efforts on best management practices for residents and industries in the protection of our precious natural resource, Beaver Lake. Secchi Day on Beaver Lake An annual tradition to protect a valuable natural resource Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 Jacobs 6. SustainabiLity As the fiscal year draws to an end, so does our annual Jacobs OMFS Sustainability Goal report. The Fayetteville team tackled three very notable goals this year, one at each facility. Highlights from BMS's sustainability accomplishments were inspired by the sudden loss of the thermal dyer in December of 2021, as well as the newly instated landfill daily disposal cap at Waste Management in Tontitown in March of 2022. These challenges affected not only the operations of our facilities, but of the operations of the local drinking water utility, Beaver Water District (BWD). The BMS team succeeded in quantifying and tracking tons of water diverted from landfill disposal through pre-processing all biosolids through the solar houses in 2022. With only a handful of extreme weather -related exceptions, the BMS team successfully processed the Noland and West Side biosolids through the solar houses prior to landfill disposal. Following the failure of the thermal dryer process, this dewatering effort saved an estimated $275,000 in landfill tip -fees that would have been generated by landfilling biosolids directly from the facilities' belt -filter presses. In addition to tip -fee savings, over 5,730 tons of water are estimated to be diverted from landfill disposal. Additionally, the extra dewatering efforts by BMS staff prevented an estimated 225 semi - loads, subsequent fuel, and GHG emissions of hauled tonnage that would otherwise consume valuable time, fuel, and landfill capacity. Since March of this year, the BMS team has done an exceptionaljob of applying all produced tons of BWD Water Treatment Residuals (WTR). BMS staff set a record WTR application month in August by applying 1,250 tons of WTR, the highest monthly total in 10 years of WTR land application. BMS has generated over $180,000 of income for the city this year. By committing to applying all WTR, Jacobs acquired BWD's five weekly landfill trip allotments (in addition to Fayetteville's 12), which has been critical for maintaining Fayetteville's daily biosolids disposal demands as local landfill availability prevents BMS staff from hauling waste biosolids 280 miles round-trip to the next closest landfill near Russellville. Acquiring the extra five local landfill trips per week saved an estimated 14,700 miles of semi -hauling, or 60 trips from March through May. June through August solar drying efficiencies have kept landfill disposal within Fayetteville's 48 trip monthly allowance. In summary, solar house dewatering efforts have averted 5,730 tons of water, an estimated 225 semi -loads, from landfill disposal since last December. The solar -evaporated water tonnage would have cost an estimated $275,000 in landfill tip fees. Successfully land applying all BWD WTR since March has generated $180,000 of income for the city. Combined efforts to dewater biosolids and acquire additional local landfill capacity has saved a combined total 42,700 hauling miles since December. This savings averted the consumption of 7,600 gallons of diesel estimated at $24,700 and avoided generating 338 pounds of fossil fuel CO2 GHC emissions. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for August 2022 Jacobs 7. Health & Safety/Training The safety team conducted all safety inspections in August and various training opportunities were offered throughout the project. Electronic formatting of the safety planning process continues to be a success. The Biosolids Management team implemented the electronic pre -task plan (e-PTP) within their department. The Maintenance department has implemented the tablets for multiple applications such as the Maintenance Connection software and Ion City. The lab has utilized the tablets for Jacob's Ion City field work application and Operations will also see more ease of use and access through the Ion City application. Project Manager, Jan Guy will continue the effort to eliminate Fayetteville's need to use paper for HSE forms and applications. This safety planning tool has already provided great savings from elimination of paper waste and time spent. The safety committee continues to look for ways to invigorate the safety culture within the project. The team receives valuable and consistent feedback from the departments regarding safety and site compliance. The main benefit of having a representative from each department is the timely communication with each associate. Through collaboration with the Maintenance department, all past safety work orders have been resolved. John Byrd and Donna McChristian attended a Jacobs webinar on an overview of EPA's Introduction to the National Pretreatment Program Manual. Applicable associates attended the Jacobs Best Recordkeeping Practices webinar. Jacobs — Fayetteville Project 18 Jacobs Fayetteville - Client Monthly Report for August 2022 Appendix A. Additional Information Effluent & Influent Data White River Effluent Characteristics .;acobs 2022 Monthly Average Flow (MGD) WR CBOD (mg/L) WR CBOD (lbs/d) WR TSS (mg/L) WR TSS (lbs/d) WR Phos (mg/L) WR Phos (Lbs/d) WR Ammonia (mg/L) WR Ammonia (lbs/d) D.O. Avg Min (mg/L) pH Min (s.u.) pH Max (s.u.) Fecal Coliform (MPN/ 100mL) Permit Limit August 7.5 788 5.0 525 1.0 105.0 2.1 221 7.7 6.0 9.0 200 January 1 6.2 2.9 146 1 1.8 91 0.15 1 8.0 0.07 4 1 19.5 7.3 7.5 21 February 5.9 4.2 211 3.4 171 0.17 8.0 0.08 4 19.5 7.3 7.5 21 March 6.1 3.9 192 3.6 178 0.16 8.3 0.42 23 18.6 7.2 7.5 19 April 8.8 3.6 269 2.1 157 OAS 11.4 0.13 9 15.9 7.3 7.5 27 May 8.4 4.1 287 2.0 136 0.18 12.1 0.07 5 13.9 7.1 7.6 36 June 6.0 5.2 261 3.6 183 0.35 17.9 0.12 6 16.2 7.0 7.6 37 July 5.2 2.9 160 1.5 79 0.36 19.0 0.11 4 15.6 6.9 7.6 107 August 5.3 4.4 192 1.6 70 0.33 14.5 0.06 3 15.1 7.2 7.6 136 September October November December Average 6.5 3.9 2151 2.4 133 0.23 12.4 0.13 7 16.8 7.2 1 7.5 51 White River Effluent Characteristics - Minerals 2022 WR TDS (mg/L) WR TDS (Lbs/d) WR Sulfate (mg/L) WR Sulfate (Lbs/d) WR Nitrate (mg/L) WR Nitrate (Lbs/d) Permit Limit August 500 52,542 119 12,505 report report January 315 16,215 60 3,443 3 155 February 351 17,380 77 3,686 4 182 March 325 16,343 67 3,453 3 144 April 296 22,171 65 4,413 5 339 May 310 21,509 50 3,736 8 613 June 368 20,717 47 2,932 8 474 July 374 20,534 53 2,201 11 457 August 361 15,694 57 2,643 7 334 September October November December Average 337 18,820 60 3,313 6 337 Jacobs - Fayetteville Project Jacobs Fayetteville - Client Monthly Report for August 2022 Goose Creek Effluent Characteristics .;acobs 2022 Monthly Average Flow (MGD) GC CBOD (mg/L) GC CBOD (lbs/d) GC TSS (mg/L) GC TSS (lbs/d) GC Phos (mg/L) GC Phos (lbs/d) GC Ammonia (mg/L) GC Ammonia (lbs/d) D.O. Avg Min (mg/L) pH Min (s.u.) pH Max (s.u.) Fecal Coliform (MPN/100m1) Permit Limit August 10.2 850.7 10.0 834 1.0 83.4 1.6 133.4 7.7 6.0 9.0 200 January 9.0 2.0 145.5 1.0 73 0.06 4.2 0.03 1.96 10.9 7.1 7.4 7 February 11.4 2.0 190.3 1.0 95 0.06 6.1 0.06 6.9 11.0 7.0 7.3 5 March 11.0 2.0 189.2 1.0 94 0.07 6.9 0.05 7.0 10.6 7.0 7.4 6 April 12.8 2.0 228.1 1.0 112 0.07 7.7 0.06 8.4 10.1 7.0 7.4 5 May 12.6 2.0 210.2 1.0 109 0.13 14.9 0.04 4.0 9.6 7.0 7.5 6 June 7.7 2.0 127.7 1.0 65 0.07 4.7 0.06 4.4 9.1 7.2 7.7 7 July 5.8 2.0 91 1.0 47 0.13 6.0 0.05 2 8.6 7.3 7.8 9 August 7.3 2.3 144.6 1.0 62 0.07 4.5 0.05 3.4 8.7 7.3 7.7 12 September October November December Average 9.7 2.0 165.9 1.0 82 0.08 6.9 0.05 4.8 9.8 7.1 7.5 7 Paul R. Noland Influent Characteristics Noland WRRF Monthly Average Flow (MGD) Hydraulic Loadings Percent of Design BOD Loading (lbs/d) Organic Loading Percent of Design TSS Loading (lbs/d) TSS Loading Percent of Design PO4 Loading (lbs/d) PO4 Loading Percent of Design NH3 Loading (lbs/d) NH3 Loading Percent of Design Designed (Annual Avg.) 12.6 29,666 23,198 765 2,250 January 5.5 44.0% 15,277 51.5% 8,140 35.1% 176 23.0% 742 33.0% February 7.2 57.3% 14,861 50.1% 9,849 42.5% 214 28.0% 936 41.6% March 7.1 56.5% 18,925 63.8% 10,512 45.3% 125 16.3% 767 34.1% April 8.9 70.5% 16,653 56.1% 11,615 50.1% 249 32.5% 1006 44.7% May 8.1 64.1% 12,877 43.4% 8,113 35.0% 190 24.8% 826 36.7% June 4.9 39.2% 13,202 44.5% 8,182 35.3% 176 23.0% 599 26.6% July 3.9 30.6% 11,832 39.9% 7,935 34.2% 185 24.2% 615 27.3% August 4.8 38.4% 17,100 57.6% 8,961 38.6% 218 28.5% 878 39.0% September October November December Average 6.3 50.1% 15,091 50.9% 9,163 39.5% 192 25.0% 796 35.4% Jacobs - Fayetteville Project 20 Jacobs Fayetteville - Client Monthly Report for August 2022 West Side Influent Characteristics Jacobs West Side WRRF Monthly Average Flow (MGD) Hydraulic Loadings Percent of Design BOD Loading (lbs/d) Organic Loading Percent of Design TSS Loading (lbs/d) TSS Loading Percent of Design PO4 Loading (lbs/d) PO4 Loading Percent of Design NH3 Loading (lbs/d) NH3 Loading Percent of Design Designed (Annual Avg.) 10.0 14,595 14,595 584 1918 January 9.0 89.9% 10,385 71.2% 12,697 87.0% 182 31.1% 1,516 79.0% February 11.3 113.4% 14,687 100.6% 14,604 100.1% 201 34.5% 1,293 67.4% March 11.0 109.9% 11,456 78.5% 11,879 81.4% 168 28.8% 1,282 66.9% April 12.8 128.1% 12,021 82.4% 14,644 100.3% 154 26.4% 1,292 67.4% May 12.6 125.6% 10,734 73.5% 10,772 73.8% 223 38.3% 1,305 68.0% June 7.7 77.3% 10,377 71.1% 11,381 78.0% 170 29.0% 1,258 65.6% July 5.8 58.4% 10,797 74.0% 14,063 96.4% 180 30.9% 1,435 74.8% August 7.3 73.0% 10,496 71.9% 12,539 85.9% 265 45.3% 1,580 82.4% September October November December Average 9.7 96.9% 11,369 77.9% 12,822 87.9% 193 33.0% 1,370 71.4% Jacobs - Fayetteville Project 21