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AN ORDINANCE REGULATING THE USE OF PUBLICfPENQj( CJya ,
PRIVATE SEWERS , PRIVATE SEWAGE DISPOSAL , THE
INSTALLATION , CONSTRUCTION , MAINTENANCE , AND
CONNECTION OF BUILDING SEWERS : THE DISCHARGE
OF WATERS AND WASTES INTO THE PUBLIC SEWER
SYSTEM; PROVIDING PENALTIES FOR THE VIOLATION
THEREOF ; REPEALING ALL ORDINANCES' IN CONFLICT
THEREWITH ; AND FOR OTHER PURPOSES , ALL PER-
TAINING .TO -THE . SEWER'iL-INES AND SYSTEM •..W1ITHIN
THE JURISDICTION OF THE CITY OF FAYETTEVILLE ,
ARKANSAS .
BE IT ORDAINED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
ARTICLE I
DEFINITIONS
JUnless the context specifically indicates otherwise , the meaning of terms
used in this ordinance shall be as follows :
Section 1 . "Accessible Public Sewer" shall mean an existing public
sewer located so that it may be reached either by a building sewer constructed
Cj at the minimum grade recommended by the Arkansas Department of Health , or by a
combination of the extension of the existing public sewer and the construction
of a building sewer both of which are constructed at the minimum grade recom-
mended by the Arkansas Department of Health .
Section 2 . "Approving Authority" shall refer to the City Manager or
his designated agent .
Section 3 . " BOD" ( denoting Biochemical Oxygen Demand ) shall mean the
quantity of oxygen utilized in the biochemical oxidation of organic matter
under standard laboratory procedures in five ( 5 ) days at 20 ° C expressed in
milligrams per liter .
Section 4 . "Building Drain" shall mean that part of the lowest hori -
zontal piping of a drainage system which receives the discharge from soil ,
waste and other drainage pipes inside the walls of the building and conveys
it to the building sewer , beginning five ( 5 ) feet ( 1 . 5 meters ) outside the
inner face of the building wall .
Section 5 • " Building Sewer" shall mean the extension from the building
to the public sewer or other place of disposal .
Section 6 . " COD" ( Chemical Oxygen Demand ) means measure of the oxygen
MICROFILMED
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consuming capacity of inorganic and organic matter present in the water
or wastewater expressed in mg/ l as the amount of oxygen consumed from a
chemical oxidant in a specific test , but not differentiating between stable
and unstable organic matter and thus not necessarily correlating with bio-
chemical oxygen demand .
Section 7 . " Collector Building Sewer" shall mean a sewer on private
property , privately maintained , which serves more than one building sewer .
Collector building sewers shall be constructed with manholes at grade changes ,
changes in alignment and at termini , and with a diameter of at least six ( 6 )
inches , and such sewers shall be located outside building walls and footings .
Section 8 . " Control Manhole" means a manhole giving access to a
building sewer at some point before the building sewer discharge mixes with
other discharges in the public sewer .
Section 9 . " Control Point" means a point of access to a course of
discharge before the discharge mixes with other discharges in the public
sewer .
Section 10 . " Garbage" shall mean solid wastes from the domestic and
commercial preparation , cooking and dispensing of food , and from the handling ,
storage and sale .of produce .
Section 11 . " Industrial Wastes" shall mean the liquid wastes from
industrial manufacturing processes , trade , or business as distinct from
sanitary sewage .
Section 12 . " Milligrams per Liter" ( mg/ 1 ) means the same as parts
per million and is a weight- to- volume ratio ; the milligrams - per- liter value
multiplied by the factor 8 . 34 shall be equivalent to pounds per million
gallons of water .
Section 13 . "Natural Outlet" shall mean any outlet into a watercourse ,
pond , ditch , lake or other body of surface or groundwater .
Section 14 . "Normal Domestic Wastewater" means wastewater excluding
that from non - residential uses discharged by a person into sanitary sewers
in which the average concentration of total suspended solids is not more
than 300 mg/ l and BOD is not more than 300 mg/ l .
Section 15 . "Obnoxious " shall mean offensive , objectionable , harmful ,
injurious to health .
Section 16 . "Owner" shall mean the " person" or "persons " who possess
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any interest in the structure or property to which such ownership relates .
Section 17 . " pi] " shall mean the logarithm of the reciprocal of the
weight of hydrogen ions in grams per liter of solution .
Section 18 . " Person " shall mean any individual , firm , company ,
association , society , corporation or group .
Section 19 . " Pretreatment" shall mean treatment of sewage required
by the Approving Authority prior to its being discharged into the public
sewer .
Section 20 . " Properly Shredded Garbage" shall mean the wastes from
the preparation , cooking and dispensing of food that have been shredded to
such a degree that all particles will be carried freely under the flow
conditions normally prevailing in public sewers , with no particle greater
than one- half ( 1 /2 ) inch ( 1 . 27 centimeters ) in any dimension .
Section 21 . " Public Sewer" shall mean a sewer in which all owners of
abutting properties have equal rights , and is controlled by public author-
ity .
Section 22 . "Sanitary Sewer" shall mean a sewer which carries sewage
and to which storm , surface and groundwaters are not intentionally admitted .
Section 23 . "Sewage" shall mean a combination of the water- carried
wastes from residences , business buildings , institutions , and industrial
establishments , together with such ground , surface and stormwaters as may be
present .
Section 24 . "Sewage Treatment Plant" shall mean any arrangement of
devices and structures used for treating sewage .
Section 25 . " Sewage Works " shall mean all facilities for collecting ,
pumping , treating and disposing of sewage .
Section 26 . " Sewer" shall mean a pipe or conduit for carrying sewage .
Section 27 . "Sewer Surcharge" shall mean a sewer service charge above
the normal monthly sewer rate which shall be assessed to those nonresidential
sewer users who discharge into the Fayetteville sewer system wastewater having
BOD in excess of 300 mg/ l or suspended solids content in excess of 300 mg/ l .
Section 28 . " Shall " is mandatory ; "may" is permissive .
Section 29 . " Slug" shall mean any discharge of water , sewage or
industrial waste which in concentration of any given constituent or in
quantity of flow exceeds for any period of duration longer than fifteen ( 15 )
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minutes more than five ( 5 ) times the average twenty- four ( 24 ) hour concentra-
tion of flows during normal operation .
Section 30 . " Standard Methods" shall mean the examination and
analytical procedures set forth in the latest edition , at the time of
analysis , of " Standard Methods for the Examination of Water and Wastewater"
as prepared , approved , and published jointly by the American Public Health
Association , the American Water Works Association , and the Water Pollution
Control Federation .
Section 31 . "Storm Drain" ( sometimes termed " storm sewer" ) shall mean
a sewer which carries storm and surface waters and drainage , but excludes
sewage and industrial wastes , other than unpolluted cooling water .
Section 32 . " Storm Water" shall mean rainfall or any other forms of
precipitation .
Section 33 . " Superintendent" shall mean the Superintendent of the Water
and Sewage Works of the City of Fayetteville , or his authorized deputy ,
agent , or representative .
Section 34 . "To Discharge" includes to deposit , conduct , drain , emit ,
throw , run', allow to seep , or otherwise release or dispose of , or to allow ,
permit , or suffer any of these acts or omissions .
Section 35 . "Trap" means a device designed to skim , settle , or otherwise
remove grease , oil , sand , flammable wastes or other harmful substances .
Section 36 . " Unpolluted Wastewater" means water containing :
( a ) no free or emulsified grease or oil ;
( b) no acids or alkalis ;
(c ) no phenols or other substances producing taste or odor in
receiving water ;
( d ) no toxic or poisonous substances in suspension , colloidal state ,
or solution ;
( e) no noxious or otherwise obnoxious or odorous gases ;
( f) not more than an insignificant amount in mg/ l each of suspended
solids and BOD , as determined by the Approving Authority ; and
( g ) color not exceeding fifty ( 50) units as measured by the Platinum-
Cobalt method of determination as specified in "Standard Methods . "
Section 37 . " Unusual BOD" shall be defined as BOD in excess of 300
mg/ 1 .
Section 38 • " Unusual COD" shall be defined as COD in excess of 600
mg/ l .
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Section 39 . " Unusual Suspended Solids " shall be defined as suspended
solids in excess of 300 mg/ l .
Section 40 . "Watercourse" means a natural or man-made channel in which
a flow of water occurs , either continuously or intermittently .
ARTICLE II
USE OF PUBLIC SEWERS REQUIRED
Section 1 . It shall be unlawful for any person to place , deposit , or
permit to be deposited in any unsanitary manner upon public or private
property within the City of Fayetteville , Arkansas , or in any area under
the jurisdiction of said City , any human or animal excrement , garbage , or
other objectional wastes .
Section 2 . It shall be unlawful to discharge to any natural outlet
within the City of Fayetteville , Arkansas , or in any area under the juris -
diction of . said City , any sewage or other polluted waters , except where
suitable treatment has been provided in accordance with provisions of this
ordinance . The issuance of a valid National Pollutant Discharge Elimination
System permit covering such discharges into a natural outlet shall be
considered as meeting all requirements of this section .
Section 3 • Except as hereinafter provided , it shall be unlawful to
construct or maintain any privy , privy vault , septic tank , cesspool , or
other facility intended to be used for the disposal of sewage .
Section 4 . The owner of all houses , buildings , or properties used for
human occupancy , employment , recreation , or other purposes , situated within the
City and located within two hundred ( 200 ) feet of an accessible public sewer
shall , at his own expense , install suitable toilet facilities therein , and
connect such facilities to such accessible public sewer . The requirements
of this section shall not apply to owners discharging such sewage under the
provisions of a valid National Pollution Discharge Elimination System permit .
Section 5 • Other than building sewers and collector building sewers ,
all sewers constructed by owners to connect the building drains of structures
to an existing public sewer shall be located within public easements or rights
of way and shall be constructed by such owner to the standards required by the
City for public sewers if permitted by the Approving Authority . No sewer
shall be constructed within any public easement or right of way or connected
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to a public sewer without approval by the Approving Authority .
ARTICLE III
PRIVATE SEWAGE DISPOSAL
Section 1 . Where a public sanitary sewer is not available under the
Provisions of Article II , Section 4 above , the building sewer shall be
connected to a private sewage disposal system complying with the provisions
of this article .
Section 2 . Before commencement of constructing of a private sewage
disposal system , the owners shall first obtain a written permit signed by the
Approving Authority . The application for such permit shall be made on a form
furnished by the City , which the applicant shall supplement by plans , specifi -
cations , and construction permits approved by the Arkansas Department of
Health and/or the Arkansas State Pollution Control Commission . No permit
shall be issued for any lot which has a gross area of less than 1 . 5 acres
unless the final plat for the subdivision in which the lot is located was
approved by the Fayetteville Planning Commission and filed for record prior
to July 5 , 1977 • For a metes and bounds parcel no permit shall be issued if
the parcel contains a gross area of less than 1 . 5 acres and was created by a
lot split which occurred after July 5 , 1977 •
Section 3 . The type , capacities , locations and layout of private sewage
disposal systems shall comply with all requirements of the Arkansas Department
of Health and/or the Arkansas State Pollution Control Commission .
Section 4 . Within twelve ( 12) months from the date on which an accessible
public sewer becomes available as defined in Article 1 , Section 1 above , in
those areas where service is not now available , all owners of property on
which structures are located having points of water usage within two hundred
( 200 ) feet of an accessible public sewer line shall connect the building sewer
to the public sewer pursuant to the provisions of Article 11 above . The require-
ments of this section shall not apply to owners discharging such sewage under
the provisions of a valid Natural Pollution Discharge Elimination System permit .
ARTICLE IV
BUILDING SEWERS AND CONNECTIONS
Section 1 . No unauthorized person shall uncover , make any connection
with or opening into , use , alter , or disturb , any public sewer or appurtenance
thereof without first obtaining a written permit from the Approving Authority
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No permit shall be issued to allow any person to tie his property to the
sewer system until the tie- on fee prescribed by Ordinance No . 953 as presently
amended or as may be amended in the future is paid .
Section 2 . There shall be two ( 2 ) classes of building sewer permits :
( a ) for residential and ( b ) for service to establishments producing industrial
wastes . 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 .
Section 3 . 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 Arkansas Pollution Control Commission as required by Section
82- 1908 of the Arkansas Water and Air Pollution Act of 1949 as amended , or as
may be amended in the future .
Section 4 . Owners or agents of existing establishments discharging
industrial wastes into the Fayetteville sewage works shall apply for a permit
for continued existing operation within thirty ( 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 Fayetteville sewage
works may be issued by the Approving Authority within ninety ( 90 ) days of
receipt of an acceptable application .
Section 5 • Permits for operation of building sewers through which
industrial wastes are discharged into the Fayetteville sewage works shall be
valid for five ( 5 ) years from the date of issuance , and may be renewed upon
submission and acceptance of an application for renewal .
Section 6 . 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 .
Section 7 . A separate and independent building sewer shall be provided
for every building except as follows :
( a ) Where multiple buildings are constructed in an apartment
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complex or condominium on a single lot or tract of land which cannot be
subsequently subdivided and sold in parcels , the individual buildings
may be connected to a "collector building sewer" provided that only one
person is responsible for maintenance of the building sewer .
( b ) Temporary buildings , mobile homes , or similar portable
structures may be connected to a building sewer installed to serve a
previously constructed permanent building provided that both the
permanent and temporary buildings are located on the same lot .
Section 8 . 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 ordinance .
Section 9 . 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 of Fayetteville and the State of Arkansas . In the
absence. of code provisions , the materials and procedures set forth in appropri -
ate specifications of the American Society for Testing Materials and the Water
Pollution Control Federation "Manual of Practice" shall apply .
Section 10 . 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 .
Section 11 . No person shall make. connection of roof downspouts ,
exterior foundation drains , areaway drains , or other sources of surface run-
off or groundwater to a building sewer or building drain which in turn is
connected directly or indirectly to a public sanitary sewer .
Section 12 . 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 gas - tight and water- tight .
Section 13 . The applicant for the building sewer permit shall notify
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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 Department of the City of Fayetteville .
Section 14 . 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 .
Section 15 • 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 :
( a ) install an accessible and safely located control manhole ;
( b ) install meters and other appurtenances to facilitate observa-
tion , sampling , and measurement of the waste ; and
( c ) maintain the equipment and facilities .
Such control manhole , meters and other monitoring appurtenances shall be
lockable , and accessible only by the Approving Authority .
ARTICLE V
USE OF PUBLIC SEWERS
Section 1 . No person shall discharge or cause to be discharged any
stormwater , surface water , groundwater , roof run -off , subsurface drainage ,
uncontaminated cooling water , or unpolluted industrial process water to any
sanitary sewer .
Section L Stormwater and all other unpolluted drainage shall be
discharged to such sewers as are specifically designated as storm sewers ,
or to a natural outlet . The discharge into any storm sewer or into a
natural outlet of any waters which may have a deleterious effect upon the
receiving stream is prohibited .
ARTICLE VI
REGULATION OF DISCHARGES
Section 1 . No person shall discharge or cause to be discharged any of
the following described wastewaters or substances to any public sewers .
( a ) any gasoline , benzene , naphtha , fuel oil , or other flammable or
explosive liquid , solid or gas .
( b ) any waters or wastes containing toxic or poisonous solids , liquids
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or gases in sufficient quantity , either singly or by interaction with
other wastes , to injure or interfere with any sewage treatment process ,
constitute a hazard to humans or animals , create a public nuisance or
create any hazard in the receiving waters of the sewage treatment plant .
( c) any waters or wastes having a pH lower than 6 . 0 or in excess of
9 . 5 or having any other corrosive property capable of causing damage or
hazard to structures , equipment , and personnel of the sewage works .
( d ) solid or viscous substances in quantities or of such size cap-
able of causing obstruction to the flow in sewers or other interference
with the proper operation of the sewage work such as , but not limited
to , ashes , cinders , sand , mud , straw , eggshells , shavings , metal , glass ,
rags , feathers , tar , plastics , wood , unground garbage , whole blood ,
paunch manure , hair and fleshings , entrails and paper dishes , cups ,
milk containers , etc . , either whole or ground by garbage grinders .
Section 2 . ^No person shall discharge or cause to be discharged the
following described substances , materials , waters , or wastes , if it appears
likely in the opinion of the Approving Authority that such wastes can harm
either the sewers , sewage treatment process or equipment , have an adverse
effect on the receiving stream , or can otherwise endanger life , limb , public
property , or constitute a nuisance . In forming his opinion as to the
acceptability of these wastes , the Approving Authority will give consideration
to such factors as the quantities of subject wastes in relation to flows and
velocities in the sewers , materials of construction of the sewers , nature of
the sewage treatment process , capacity of the sewage treatment plant , degree
of treatability of wastes in the sewage treatment plant , and other pertinent
factors . The substances prohibited are :
( a ) fluoride other than that contained in the public water supply ;
( b ) chlorides in concentrations greater than 250 mg/ l ;
(c) any liquid or vapor having a temperature higher than one
hundred . fifty ( 150) degrees F . ( 65° C . ) .
( d) any water or waste containing fats , wax , grease or oils , in
excess of one hundred ( 100 ) mg/ l or containing substances which may
solidify or become viscous at temperatures between thirty- two ( 32 )
and one hundred fifty ( 150 ) degrees F . ( 0 and 65 ° C . )
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( e) any garbage that has not been properly shredded . The install -
ation and operation of any garbage grinder equipped with a motor of
three- fourths ( 3/4 ) horsepower ( 0 . 76 hp metric ) or greater shall be
subject to the review and approval of the Approving Authority to deter-
mine the intended use and the adequacy of the proposed installation for
such intended use .
( f) any waters or wastes containing strong acid iron pickling
wastes or concentrated plating solutions , whether neutralized or not ,
which are capable of causing any damage or corrosion in the sewers or
the sewage treatment plant or interfering with the sewage treatment
process .
( g) any waters or wastes containing iron , chromium , copper , zinc ,
and similar objectionable or toxic substances ; or wastes exerting an
excessive chlorine requirement , to such degree that any such material
received in the composite sewage at the sewage treatment works exceeds
the limits established by the Approving Authority for such materials .
( h ) any waters or wastes containing phenols or other taste or odor
producing substances , in such concentration exceeding limits which may
be established by the Approving Authority as necessary , after treatment
of the composite sewage , to meet the requirements of the State , Federal
or other public agencies of jurisdiction for such discharge to the
receiving waters .
( i ) any radioactive wastes or isotopes of such half- life or
concentration as may exceed limits established by the Approving
Authority in compliance with applicable State or Federal regulations .
( j ) materials which exert or cause :
( 1 ) unusual concentrations of inert suspended solids ( such
as , but not limited to , fuller ' s earth , lime slurries , and lime
residues ) or of dissolved solids ( such as , but not limited to ,
sodium chloride and sodium sulfate) .
( 2 ) excessive discoloration ( such as , but not limited to ,
dye wastes and vegetable tanning solutions ) .
( 3) unusual BOD , unusual chemical oxygen demand , unusual
suspended solids , or excessive chlorine requirements in such
quantities as to constitute a significant load on the sewage
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® 1G29 799
treatment works except by agreement between the owner and the
Approving Authority specified in the permit for operation issued
to the owner by the Approving Authority in accordance with Article
IV , Sections 3 , 4 and 5 of this ordinance .
( 4 ) unusual volume of flow or concentration of wastes
constituting "slugs " as defined herein .
( k) obnoxious , toxic , or poisonous solids , liquids , or gases .
( 1 ) any waters and wastes containing toxic materials or heavy metals
in concentrations exceeding the following limits :
Maximum for Average for
Any One Day 30 Consecutive
Pollutant ( mg/ 1 ) Days ( mg/ 1 )
Cyanide 0 . 8 0 . 23
Cadmium 1 . 2 0 . 5
Chromium ( total ) 7 . 0 2 . 5
Copper 4 . 5 1 . 8
Lead 0 . 6 0 . 3
Nickel 4 . 1 1 . 8
Zinc 4 . 2 1 . 8
Total Metals 10 . 5 5 . 0
If industry compliance with the above stated limits fails to reduce the
concentrations of toxic materials or heavy metals in the influent to the
Fayetteville sewage treatment plant to within guideline concentrations
published by the Arkansas State Department of Pollution Control and
Ecology and listed below , the above stated limits may be reduced by the
Approving Authority to the industries contributing toxic materials or
heavy metals to the extent necessary to reduce the concentrations of
toxic materials or heavy metals in the influent to the Fayetteville
sewage treatment plant to within the following Arkansas State Department
of Pollution Control and Ecology guidelines :
Element Concentration ( mg/ 1 )
Arsenic 0 . 05
Barium 5 . 00
Boron 1 . 00
Cadmium 0 . 02
Chromium 0 . 05
12 - M1020 800
Element Concentration
Copper 0.02
Cyanide
0.05
Lead
0.10
Manganese
0.50
Mercury
0.002
Nickel
0.08
Selenium 0.02
Silver 0.01
Zinc 0.05
(m) any waters or wastes containing any measurable trace of the
following in excess of concentrations found in normal domestic waste-
water as defined in Article I, Section 14:
Antimony
Beryllium
Bismuth
Cobalt
Fungicides
Herbicides
Molybdenum
Pesticides
Rhenium
Strontium
Tellurium
Uranyl Ion
(n) chlorinated solvents.
(o) wastes containing sulfides over 5.0 mg/l.
(p) septic tank sludge, except that such sludge may be discharged
into the sewage works at locations designated for this purpose by the
Approving Authority by persons permitted by the Arkansas Department of
Health. Persons utilizing this service shall furnish to the Approving
Authority the origin of such sludge, i.e., the owner's name and address,
and the content of the sludge, i.e., residential septic tank sludge,
commercial or industrial establishment septic tank sludge, or other.
(q) any dissolved solids in excess of 600 mg/l.
(r) waters or wastes containing substances which are not amenable
to treatment or reduction by the sewage treatment processes employed or
are amenable to treatment only to such degree that the sewage treatment
plant effluent cannot meet the requirements of other agencies having
jurisdiction over discharge to the receiving waters.
Section 3. No person shall discharge or cause to be discharged materials
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which exert or cause BOD in excess of 300 mg/1, or suspended solids in
excess of 300 mg/l, without paying the abnormal sewage surcharge specified in
Section 21-26.1 of the Fayetteville City code, as amended, or as may be
amended in the future.
Section 4. Storage of dangerous materials. The storage of any material
in areas served by public sewers or in areas draining into the public sewers
which, because of discharge or leakage from such storage, may create an
explosion hazard in sewage works or in any other way have a deleterious
effect upon these works or treatment processes, or constitute a hazard to
'
human beings or animals, or the receiving stream shall be subject to review
by the Approving Authority, who at his discretion may require reasonable
safeguards to prevent discharge or leakage of such materials into the sewers.
Section 5. If any waters or wastes are discharged, or are proposed to
be discharged, to the public sewers, which waters contain the substances or
possess the characteristics enumerated in Section 2 of this Article, and
which in the judgment of the Approving Authority may have a deleterious effect
upon the sewage works, processes, equipment, or receiving water, or which
otherwise may create a hazard to life or constitute a public nuisance, the
Approving Authority may:
(a) reject the wastes;
(b) require pretreatment to an acceptable condition for discharge
to the public sewers; and/or
(c) require control over the quantities and rates of discharge. If
the Approving Authority permits the pretreatment or equalization of waste
flows, the design and installation of the plants and equipment shall be
subject to requirements of all applicable codes, ordinances and laws,
and U. S. Environmental Protection Agency guidelines for pretreatment,
and/or
(d) require that a wastewater effluent retention basin be provided
of adequate volume to insure that slugs of concentrated pollutants are
not discharge into the public sewer. If the Approving Authority requires
the retention of wastewater effluent, the design and installation of the
retention basin shall be subject to the review and approval of the
Approving Authority.
Section 6. Grease, oil and sand interceptors shall be provided when,
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in the opinion of the Approving Authority, they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts, or any
flammable wastes, sand or other harmful ingredients; except that such inter-
ceptors shall not be required for private living quarters or dwelling units.
All interceptors shall be of a type and capacity approved by the Approving
Authority, and shall be located as to be readily and easily accessible for
cleaning and inspection.
Section 7• Where preliminary treatment or flow -equalizing facilities
are provided for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner at his expense.
Section 8. When directed to do so by the Approving Authority, the owner
of any property discharging industrial wastes shall, at his expense, have a
qualified testing laboratory collect a representative sample of his waste-
water and have the appropriate physical, chemical, and biological tests per-
formed on this sample, also by a qualified testing laboratory. Qualified
testing laboratories selected by the owner to provide these sampling and
testing services shall be acceptable to the Approving Authority. The
purpose of such tests shall be to determine the conformance of the waste-
water characteristics to this ordinance. A report shall be made in writing
to the Approving Authority by the laboratory stating the results of the
tests. Required sampling and testing shall be performed in accordance with
the provisions of Section 9 of this article.
Section 9. All measurements, tests and analyses of the character-
istics of waters and wastes to which reference is made in this ordinance
shall be determined in accordance with the latest edition of "Standard
Methods for the Examination of Water and Wastewater," published by the
American Public Health Association, and shall be determined at the control
manhole provided, or upon suitable samples taken at said control manhole.
Sampling shall be carried out by customarily accepted methods to reflect
the effect of constituents upon the sewage works and to determine the
existence of hazards to life, limb and property. (The particular analyses
involved will determine whether a grab sample or samples should be taken.
Normally, but not always, B0D and suspended solids analyses are obtained
from 24 hour composites of all outfalls whereas pH's are determined from
periodic grab samples.)
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ARTICLE VII
PROTECTION FROM DAMAGE
Section 1. No unauthorized person shall maliciously, willfully, or
negligently break, damage, destroy, uncover, deface or tamper with any
structure, appurtenance, or equipment which is a part of the sewage works.
Section 2. No unauthorized person shall cover any manhole on a public
sewer with earth or paving, or otherwise render it inaccessible.
Section 3. No unauthorized person shall remove the earth cover from
a public sewer so that less than two (2) feet of earth cover remain over
the pipe bells. Approval to remove subsequent cover shall require written
consent from the Approving Authority.
ARTICLE VIII
PFAIAI T IFC
Section 1. Any person found to be violating any provision of this
ordinance except Article VII shall be served by the City with written notice
stating the nature of the violation and providing a reasonable time limit
for the
satisfactory
correction thereof. The offender
shall,
within
the
period
of time stated
in such notice, permanently cease
all
violations.
Section 2. Any person who shall continue any violation beyond the time
limit provided for in Section 1 of this Article and/or any person who shall
be found to be violating the provisions of Article VII of this ordinance shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined
in an amount not more than $500.00 for each violation, or double that sum for
each repetition of such offense or violation, and if the act is continuous in
nature, in any sum not more than $250.00 for each day that the same shall be
unlawfully continued.
Section 3. Any person violating any of the provisions of this ordinance
shall become liable to the City for any expense, loss, or damage occasioned
the City by reason of such violation.
Section 4. In cases of repeated violations, the Approving Authority
may revoke the permit for discharge of wastes into the sewer system and
effect the discontinuation of water or sewer service, or both.
ARTICLE IX
VALIDITY
Section 1. All ordinances and parts of ordinances in conflict with
16 ®1099 804
r
this ordinance are hereby repealed. Specifically, Section 2 of Ordinance
No. 1403, codified as Section 21-45(a)(2) of the Fayetteville Code of
Ordinances, is hereby repealed. Ordinance No. 1389, codified as Article III
of Chapter 21 of the Fayetteville Code of Ordinances, is hereby repealed in
its entirety.
Section 2. The codifier of the City's ordinances shall codify the
provisions of this ordinance in the Code of Ordinances of the City at a
place determined by the codifier at his discretion.
Section 3. Should any portion of this ordinance be unconstitutional
or invalid and so declared by a court of competent jurisdiction, then the
remainder of this ordinance, and any remaining applications of this ordinance,
shall not be affected by such partial unconstitutionality or invalidity.
Section 4. The Board of Directors hereby determines that the City sewer
regulations should be clarified to enable effective operation of the City's
Sewage Treatment Plant; that such operation is essential to the public
welfare; and that the passage of this ordinance is necessary to enable such
operation. Therefore, an emergency is hereby declared to exist and this
ordinance shall be in full force and effect from and after its passage and
approval.
PASSED AND APPROVED THIS ___4k DAY OF _____ , 1980.
APPROVED:
John/. Todd,'Mayor
C Attest:.
rn
'••".qa avian D. Koettel, City tierk
k
N
17 - ®10?9 805
1 ..
CERTIFICATE OF RECORD
STATE OF ARKANSAS
Washington County I SS.
I, Alma L. Kollrneyer, Circuit Clerk and Ex -Officio Recorder for
Washington County, Jo hereby certify that the annexed or p(fore-
going tr}T�ent was filed for recordin my office oon theL day
ofi ?fQl ig a o'clocW_!M, and the sameis
duly recorded in record at page.? l
Wikress my hand and seal this day of igh
Circuit Clerk and
Ex -Off' 'o ReQorded
BY
'fiE,'.`.i .. - Beputy Bler
CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Fayetteville
I, Vivian Koettel, City Clerk and Ex -Officio
recorder for the City of Fayettevifle, do here-
by certify that the annexed or foregoing is
of record in my office and the same ap-
pears in Ordinance & Resolution book
!� at page Witness my
han&and seal fhe'Ot4 day of
City Clerk and Ex -Officio Record
48— i eval Notices 48 —Legal Notices 48 —Legal Notices 48 —Legal Notices 48 —Legal Notices 48 —Lego Notices _
ORDINANCE NO. 2577 existing operation within thirty 130) days after receipt of notification in writNg which exert or cause BOD In excess of 200 mg/6 or suspended solids in exams of
AN ORDINANCE REGULATING THE USE OF PUBLIC AND by the Approving Authority that such a permit is required for conliwM 300 mg/I without paying the abnormal sewage surcharge specified in Section 2b
PRIVATE SEWERS. PRIVATE SEWAGE DISPOSAL. THE operation. Permits far continued existing opersUon by establishments 28,1 of the Fayetteville City code, as emended, or as may be amended in the.
INSTALLATION, CONSTRUCTION, MAINTENANCE, AND
discharging industrial wastes into the Fayetteville sewage works MY be issued future.
by the Approving Authority within ninety (90) days of receipt of an acceptable Section 4. Storage of dangerous materials. The storage of any material in
•' CONNECTION OF BUILDING SEWERS; THE DISCHARGE application, ,,ppF WATERS AND WASTES INTO THE PUBLIC SEWER Section 5. Permits for operation of building meant through which industrial areas served by public sewers or in areas draining into the public seven which.because of discharge or leakage from such storage, may create an explosion
$'STEM; PROVIDING PENALTIES FOR THE VIOLATION wastes adischarged into the Fayetteville sewage works shall be valid for live hazard in sewage works or in any other way have a deleterious effect upon these are
.THEREOF; REPEALING ALL ORDINANCES IN CONFLICT (5) years from the date of issuance, and may be renewed upon submission and works or treatment processes, or constitute a hazard to human beings or
THEREWITH; AND FOR OTHER PURPOSES, ALL PER- acceptance of an application for renwaf. p, animals, or the stream shelf be subject to review by the Approving
TAINING TO THE SEWER LINES AND SYSTEM WITHIN Section 6. All costs and expenses incident to the evaluation of a permit • Authority, who at receivinghis discretion may require reasonable safeguards to prevent
THE JURISDICTION OF THE CITY OF FAYEITEVILLE, shallrion and the issuance of a be borne bytheowner. The permit,
shalllliMndconnection
m if the City from any losssewer,
or discharge or leakage of such materials into the sewers.
- _.ARKANSAS.
'BE IT ORDAINED AND ENACTED BY THE BOARD OF DIRECTORS OF damage that may directly be occasioned by the installation of the doling discharged, to the public sr wastes are sewer, which watersgcontain theproposed
suubs ants to or
THEOfTV OF FAYETTEVILLE, ARKANSAS: Section 7. A separate and independent building sower shall be provided for possess the characteristics enumerated in Section 2 of this Article, and which in
,,. ARTICLE I every building except u follows: the judgment of the Approving Authority may have a deleterious effect upon the
DEFINITIONS (a) Where multiple buildings are constructed in an apartment complex or sewage works, process", equipment, or receiving water, or which otherwise
Unless the context specifically indicates otherwise, the meaning of terms used condominium on a single lot or tract of land which camel be subsequently may create a Hurd to life or constitute a public nuisance, the Approving
to this ordinance shall ben follows: subdivided and sold in parcels, the individual buildings may be connected toe Authority may:
Section 1. "Accessible Public Sewer" shall mean an existing public sewer "collector building sewer" provided that only one person a responsible for (a) reject thewnstea:
located an that it may be reached either by a building sewer constructed at the maintenance of the building sewer. l requirefiller pretreatment to an acceptable condition for discharge to the
minimum grade recommended by the Arkansas Department of Health, or by a (bl Temporary buildings, mobile homes, a similar portable nstrucred ) egrs: and/Or
combination of the extension of the existing public sower and the construction of may be connected too building sewer iealledaurvea previously costructed publicsewers; control over the quantities and rates of discharge. If the Ap
a'balldbtt sewer both of which are constructed at the minimum grade recom- permanent building provided that both the permanent and temporary buildings proving Authority permits the pretreatment or equalization of waste flows, the
are located on the same lot.
mendedM' the Arkansas Department ofHealth. Sections. Oldbuildingsewen,OrPortl^ns thereof, may be used inconnectian design and installation of the plants and equipment shall be subject to
Section 2. "Approving Authority" shall refer to the City Manager or his with new buildings only when they are land on mammalian and test by the requirements of all applicable coda, ordinances and laws, and U.S. En -
designated agent. Approving Authority to meet all requirements of this ordinance. vironmental Protection Agency guidelines for pretreatment, and/Or
Section 5. "BOD" (denoting Biochemical Oxygen Demand) shall mean the Sectim 9. The else, slope, alignment, materials, or construction of a building Id) require that a wastewater effluent retention basin be provided of
quantity of oxygen utilized in the biochemical oxidation of organic matter under sawer, and the methods to be used m excavating, placing of the pipe jointing, adequate volume to insure that slugs of concentrated pollutants are not
standard laboratory procedures in five (SI days at w degrees C expressed in testing, and hackfiWng the trench, shall all conform to the requirements of the discharged into the public sewer. If the Approving Authority requires the
milligrams per liter. building and plumbing code or other applicable cede acrd regulations of the City retention of wastewater effluent, the dais and Installation of the retention
Section 4. "Building Drain shall mean that part of the lowest horizontal of Fayetteville and the Sate of Arkansas. In the absence a code provisions, the basin shall be abject to the review and approval of the Approving Authority.
piping of a drainage system which receives the discharge from soil, waste and materials and procedures set fora in appropriate specifieatiaro of the Section 6. Grease, oil and sand interceptors shall tee provided when, in the
other drainage pipes inside the walls of the building and conveys it to the American Society for Testing Materials and the Water Pollution Control opinion of the Approving Authority, they are necessary for the proper handling
building awn. beginning five l5) feet u.5 meters) outside the Inner face of the Federation 'Manual d Practice" shall apply. of liquid wastes containing grease in excessive amounts, or any flammable
building wall. Section 10. Whenever possible the building sewer sham be brought to the wastes, land or other harmful ingredients; except that such interceptors shell
Section S. "Building Sewer" short mean the extension from the building to the building at an elevation below the basemen! Door. The depth shall be sufficient not be required for private Irving quarters or dwelling units. All Interceptors
public sewerorother place d disposal. W afford protection from frost. In all buildings in which any balding drain Is too shall be of a type and capacity approved by the Approving Authority, and shag
Section I. "COD" (Chemical Oxygen Demand) means measure of the oxygen low to permit gravity flow to the public sewer, sanitary sewage is carried by be located as to be readily and may accessible for cleaning and inspection.
consuming capacity of inorganic and organic matter present In the water a such building drain shall be lifted by a pumping system approved by the Age Section 7. Where preliminary treatment or flow -equalizing facilities are
wastewater expressed in mg/I as the amount of oxygen consumed from a provingAuthority and discharged to the building sewer, provided for any waters or watt", they shall be maintained continasly in
cemil'al'Oxidant in a specific test, but not differentiating between stable and Section it. No person shalt make connection of roof downspouts, interior satisfactory andeffective operation bythe w'nerat has expense.
ur table organic matter and thus not necessarily correlating with biochemical foundation drains, areaway drain, or other sources of surface runoff or Sections. When directed to do so by the Approving Authority, the owner of
oxygen demand, groundwater to a building sewer or building drain which in turn is connected any property discharging industrial wastes shall, at his expense, have a
Section'?. "Collector Building Sewer" shall mean a sewer on private directly We public sanitary sewer, qualified testing laboratory collect a representative sample of his wastewater
proopeetty, privately maintained, which serves more then one building sewer. Section 12. The connection of the building sewer into the public sewer shall and have the appropriate physical, chemical, and biological tests performed on
Collector building sewers shall be constructed with manholes at grade changes, conform to the building and plumbing codes or, If not covered by applicable this temple, also by a qualified testing laboratory. Qualified testing
changes'In alignment and at termini. and with a diameter of at least six (e) rates and regulations of the City, the procedures set forth in appropriate laboratories selected by the owner to provide these sampling and tinting Bar -
inches, and such sewers shall be located outside building walls and footings. specifications of the American Society for Testing Materials and the Water vices shall be acceptable to the Approving Authority. The purpose of such tats
Section S. "Control Manhole" means a manhole giving access to a building pollution Control Federation "Manual of Practice No. 9." AU Such connections shall be to determine the conformance of the wastewater characteristics W U;a
sewer al.eome pant before the building sewer discharge mixes with other shall be made gastight and weer -tight. ordinance. A report shall be made in writing to the Approving Authority by the
dichttgcs in the public sewer. Section 13. The applicant for the building sewn permit than notify the laboratory stating the reads of the teas. Required Sampling and testing shall
Section 9. "Control Point" means a point of access W a course of discharge Authorizing Authority when the building sewer is ready for Inspection and be performed In accordance with the provisions of Sectlon9 of this article.
before the discharge mixes with other discharges in the public sower. connectlon'to the public sewer. The connection shall be accomplished only by Section 9. All measurements, tests and analyses of the characteristics of
SectDa 10. "Garbage" shall mean solid wastes from the domestic and the Water and Sewer Department of the City of Fayetteville. waters and wastes to which reference is made In this ordinance shall be
comsxrtal preparation, cooking and dispensing of food, and from the building, section 14. All excavations for building sewer Installation shall be -adequately determined In accordance with the latest edition of "Standard Methods for the
strrngeand Sale d produce. guard..., with barricades and light so as to protect
Sa:ioall. "Industrial Waste" shall man the liquid wastes from industrial streetssidewalks, parkways, and other public property disturbed In the course Health Association, and short be determined at the control manhole provided, or
mandacturing processes, trade, or business asdistinct from sanitary sewage. of the work shall be restored In a manner satisfactory W the Approving upon suitable samples taken at said control manhole. Sampling shall be carried
Section 12. "Milligrams per Liter" mg/l) means the same as Parts per Authority. out by customarily accepted methods to reflect the effect of constituents upon
minim' did is a weigho-lovolume ratio; the milligrams -per -liter value, Section 15. Any person responsible for discharges through a building sewer the sewage works and to determine the existence of hazards to life, limb and
multiplied by the factor 534 shall be equivalent to pounds per million gallons of carrying industrial wastes shall, when directed to do so by the Approving property. (The particular analyses Involved will determine whether a grab
xnter.• Authority, at hisown expense: sample or samples should be taken. Normally, but net always, BUD and
Section l3. "Natural Outlet" shall saran any outlet into a watercourse, Pond, (a) install an accessible and safely located control manhole; suspended solids analyses are obtained from 24 hour composites of all ouUnls
loch, lake or other body of surface or groundwater. (b) instal: meters and other appurtenances to facilitate observation, whereas pH's are determined from periodic grab samples.)
Section 14. "Normal Domestic Wastewater' means wastewater excluding sampling, and measurement of the waste; and ARTICLE VII
that from nonresidential uses discharged by a person into sanitary sewers in icy maintain the equipment and facilities. PROTECTION FROM DAMAGE
which the average concentration of total suspended solids is not more than 300 Such control manhole, meters and other monitoring appurtenances shall be Section 1. No unauthorized person shelf maliciously, willfully, or negligently
n /l and Bob is not more than 3w mg/I. lockable, and accessible only by the Approving Authority. break, damage, destroy, uncover, deface or tamper with any structure, ap-
Section Is. "Owner" Shall mean the "person" or 'Apeman" who possess any ARTICLE V - purtenance, or equipment which is a part of thesewage works.
internal in the structure or property to which such ownership relates. USE OF PUBLIC SEWERS Section 2. No unauthorized person shall cover any manhole on a public sewer
Sc-_ton 11. "pH" shall mean the logarithm of the reciprocal of the weight d Section 1. No person shall discharge or muse to be discharged any dorm- with earth or paving, or otherwise render it inaccessible.
hydrogen ions in gram per liter of solution. water, surface water, groundwater, roof run-off, subsurface drainage, U11 Section 3. No unauthorized person shall remove the earth cover from a public
Section 18. "Person" shall mean any Individual, firm, company, association, contaminated cooling water, or unpolluted Industrial process water to any sewer so that less than two (2) feet of earth cover remain over the pipe bells.
tacitly, corporation or v- p unitary sewer. Approval to remove subsequent cover shall require written consent from the
Sedan l9. "Pretreatment" shall mean treatment of sewage required by the Section 2. Satmwater and all other unpolluted drainage shall be discharged ApprovagAutharity.
Approving Authority priors its being discharged into the public sewer. ' to such sewers as arespecificallydesignated as storm sewer, or to a natural ARTICLE VIII
Section w. cooking
ly Shredded Garbage" shall mean nthe wastes from the whet The discharge into ouy storm sewer into a natural outlet of any waters PE violating
S
preparation, e cooking and dispensing of food that have bee^ shredded a such a which may have a deleterious effect upon the receiving stream a prohibited. Sept A 1. Any penal' found a be any provision of this ordinance
degree that all particles will be carried freely under the flow conditions nor- ARTICLE VI except Article VII shall be served by the City with written notice stating the
molly, prevailing in public sewers, with no particle greater than one-han (4r) REGULATION OF DISCHARGES nature of the violation and providing a reasonable time limit for the Satisfactory
• athll:R centimeters) in any dimension. Section 1, No person shall discharge or cause to be discharged any of the correction thereof. The offender shall, within the period of time stated in such
Section2l.''PublicSewer" shall man a sewer in which all owners of abutting following described wastewater or substance to any public sewers, notice, permanently cease all violations.
properties have equal rights, and is controlled by public authority. (e) any gasoline, bonzes, Depths, fuel oil, or other Remissible or explosive Section 2. Any person who shall continue any violation beyond the time limit
hichstnrm "Sanitary Sewn" shall man a sewer which carries sewage and W liquid, solid or gas. provided for in Section I of this Article and/or any person who shall be found to
whichstorm, surface and groundwater am not intentionally admitted. fb) any waters or wastes containing toxic or poisonous solids, liquids or be violating the provisions of Article WI ofthis ordinance shall bedeemed guilty
Section 23. "Sewage" shall mean a combination at the water -carried wastes gases in sufficient quantity, either singly or by Interaction with other wastes, a of a misdemeanor and, upon conviction thereof, shall be fined in an amount not
from residences, business buildings, Institutions, and industrial establishments, Injure or interfere with any sewage treatment process, constitute a hazard W more than $5G0.w for each violation, or double that sum for each repetition of
tbptMrwith such grand, surface and sarmwaters as may be present. humans or animals, create a public nuisance a create any hazard in the such diems a violation, and if the act is continuous in nature, in any sum not
Scetlm 24. "Sewage Treatment Plant" shall man any arrangement d receiving waters of the sewage treatment pant more than rso.W for each days at the same shall be unlawfully continued,
dav:ea crod strucaresused for lreatsngsewage. (c) any oat rs or waste having a pH lower than 6.0 or in mess of 9$ or Section3. Any person violating any a the provisions of this ordinance shall
Seces a 25. "SewageWort" shall mean all facilities puimM& corrosive facilities for collecting, ^ having any other property capable of causing damage or hazard tO become liable to the City for any expense, loss, or damage occasioned the City
tmtirignnd diapossngd swage, structures, equipment, and personnel of the sewage warts, by reason of such violation.
&cites 26. 'Sewer"shall shall
sawOrcar ice chewage. (d) solid or viscous film in se In quantities or of such size capable of Section 4. In taus of repeated violations, the Approving Authority may
Sxlieh 27. "Sewn Surcharge" shall mean a sewer service charge above the causing obstruction to tie flow ewers or other Interference with the proper revoke the permit for discharged wastes into the sewer system and effect the
r,c,ntt nonihiysewn rate which shall be assessed to those nonresidential operation of the towage work such as, but not limited to, ashes, cinders, sand, discontinuation of water or sewer service, orboth.
Seacscat•; ;:en who discharge into the Fayetteville sewer system wastewater mud, straw, eggshells, shavings, meal, glass, rap, leader, ter, plastics, _ ARTICLE IX
I TAD in excess d 300 mgr) or suspended solids content in excess of 900 wood, ungrwnd garieBe, whole blood, paunch manure, hair and flesatngs. VALIDITY
awl. e^uas and paper dishes. cups, milk containers, ea.. either whole or ground by Section 1. All ordinance and parts of ordinance in conflict with this or
ncettbm. "Shall" s mandatory; "may" a permissive. garbagegrinden. dinance are hereby repealed. Specifically, Section 2 of Ordinance No. 1403,
•SccLom29. "Slug" shall mean any discharge of water, swage or industrial Section 2. No person shall discharge or cause to be discherged•the following codified as Section 21-45(a) (2) of the Fayetteville Code of Ordinances, is hereby
wesW which in concentration of any given constituent or in quantity of flow described wWanea, maretas, waters, or wastes, lilt appears likely in the repealed. Ordinance No. 1389, codified as Article III of Chapter 21 of the
exev(6 for any period of duration longer than fifteen 115) minutes, more than opinion of the Approval Authority that such wastes can harm either the Sewers, Fayetteville Code d Ordinances. is hereby repeated in its entirely.
fn. (5) times the average twenty-four (24) hair concentration of flows during sage treatment processor equipment, have an adverse effect on the receiving Section 2, The codifier of the City's ordinance shall codify the provisions of
nc to operaUm stream, or cart otherwise endanger life, limb, public property, or constitute a inks ordinance in the Code of Ordinances a Me City at a placedetermined by to
Zzcttn 3p. "Standard Methods" shall mean the examination and analytical nuisance. In forming his opinion as to the tosuch acceptability o of these wastes, the cedJer at his discretion.
pray=ns set forth in the latest edition, at the time of ter"asanalysis, of "Standard Approving In y will give consideration to such factors as the quantities d section 3. Shoed any portion of this Ordinance be unconstitutional or invalid
atclbpaf for the Examination of Water and Wastewater" as prepared, age- subject wastes In relation to flows and velocities in the sewers, materials d and Be declared by a court of competent jurisdiction, then the renasndet of this
Wtvt, and published jointly by the American Public Health Association, ae construction d wof
the sewers, naturethe swage treatment process, capacity of ordinance, and any remaining applications of this ordinance, shall not be d-
Acrcan Water Works Association, and the Water Pollution Controlthe sap treatment plant, degree of ireaablnty of oast" in the sewage fated by wch partial mouratitutionality or invalidity.
C i7 treatment pator
plant, and other pertinent factors. The substances prohibited are: Section 4. The Board of Directors hereby determine that the City sewer
m8 % So?t 1. "Storm Drain" (sometimes termed "storm sewer") shall mama (a) fluoride other than that contained in the public water supply; regulations should be clarified to enable effective operation of the City's Sewage
srr-r which carries storm and surface waters and drainage, but excludes (b) chlorides in concentrations greater than 25pmg/1; Treatment Plant; that such operation is essential to the public welfare; and that
5esagtand industrial wastes, other than unpolluted cooling water. (c) any liquid or vapor having a temperature higher than we hundred fifty tine passage of this ordinance Is necessary to enable such operation. Therefore,
£ec!:m 32 "Storm Water" shall mean rainfall or any other forms d (150) degrees F. (65- C.) anemergency Is hereby declared W exist and this ordinance shall be in full force
Preefr.tM0on Id) any water or waste containing as, wax, grease or oils, in excess of aDa and effect from and after its passage and approval,
Setttonb. "Superintendent" ilea mean the Superintendent of the Water and hundred (100) mg/I or containing substances which may solidify or became PASSED AND APPROVED THIS 4th DAY OF November, l9w.
Sts.,;ie Worts of the City of Fayetteville, or his authorized deputy, agent, or viscous at temperatures between thirty-two (31) and one hundred fifty (15) APPROVED:
rc;rr✓nelive. degreesF. I0and 65- C.) JOhhT. Todd
S:c..on 34. "To Discharge" includes to deposit, conduct, drain, emit throw, (e) any garbage that has not been properly shredded• The Installationand mayor
tuf allow to seep, or otherwise release or dispose a, or W allow, permit a operation of any garbageFinder equipped with a motor of three-f0urts ('4) Attest:
Res tin 33 t "Trap"
can a dev horsepower (0.76 hp metric) or greater shall be subject W the review and ape VivianD, KcelWh
Scaeg33. "Trap" deem a blew eso to skim, settle, otherwise provd of the Approving Authority to determine the intended use and the City Clerk
r;Scctoneaae,at sand, flammable wastesOr other harmful substances. adequacy of the proposed installation for such intended use. law _--
Scc)-nof eare"Unpmulededgrewaler"m;eem water containing: If) any waters or wastes containing strong cad iron pickling wastes of -
(b -no
greaBawdl; concentrated plating solutions, whether neutralized ornot whichear capable of
M)' no phenols
alkalis; musing any damage orcorrm)on in the sewers of the swage treatment plant Cr
no phense or tither substances producing taste or odor in receiving interfering with the sage treatmentprecess.
do toxic or poisonous substances m suspension, colloidal sate, or (g) any wales or wastes containing iron, chromium, exertopting
er, ens, and
similar objectionable or toxic substances; or wastes arrtng an zinc, a 3
c_:rtcn chlorine requirement, to such degree that any such material received in dt,
(ei't more than
ane insignificant
obnoxious ofm'Hess; composite sewage at the swage treatment works exceeds the limits established
U ) not more Man an mange ppr amount a myA each of suspended sell& by t eApproving Authority for such materials.
an BOD, as determined by the Approving Authority : and Or other taste or ode
Ili) any oaten or wastes containing phenols
(g) color not exceeding
as fifty (SO) unite measured by the Platinum -Cobalt producing substances, In such concentration exceeding limits which may to
m:IMddeter "Unusual
asspualld 'in "Standard Methods." established by the Approving Authority as necessary, after treatment of t
3 cct{on37. "UsrmualCOD"shah bedefindasBOD in excad3w mg/I
composite sage, a meet the requirements of the Sate, Federal or otf
.cIon 3a. "Unusual COD" shall he defined we COD in excess of toogee mg/1. public agenei"alurisdsction for such discharge to the receiving oaten.
]m n. "Unusual Suspended Solids" shall be defined as suspended write (i) any radioactive wastes or isotopes of suchhall-life or cencentretlm c
Ihrxress d 3w mBA. may exceed limits established by the Approving Authority in compliance wti
1'xction 40. "Watercourse" means a natural or man-made channel in which a applicable State or Federal regulations.
flow of water occurs, eider continaNy or intermittently. Ii) materials which exert or came:
ARTICLE II (1) unusual concentrations of inert suspended solids (such as, but n'•
USE OF PUBLIC 'limned to, fuller's earth, lime slurries, and lime residua) or of dissolved mlldr
SER'ERS REQUIRED torah as, butnot limitedto, wdiumuNodde and sodium allots).
Scenes 1. ft shall be unlawful for any person to place. deposit, or permit tobe (2) excessive discoloration (such as, but not limited W. dye wastes tn1
&ts.tcd in any unsanitary manner upon public or private property within to vegetable lanningsolutions).
City esgayetteville, Arkansas, or in any area under the jurisdiction of said City, (3) unusual WI), unusual chemical oxygen demanii unusual suspended
any humjhn or animal excrement, garbage, orotherabjatlanal wastes, solids, or excessive chloride requirements in such quantities as to constitute o
Sotliana2. It shag be unlawful a discharge to any natural outlet within to significant load on the sewage treatment works except by agreement between
City se Fayetteville, Arkansas, or in any area under the jurisdiction of sand City, the war and the Approving y specified in the permit for operation
any sewage or other polluted waters, except where suitable The
treatment has been issued s Ue by by the Approving Authority in accordance with Article IV,
provldedinaeeadancewitargeprovisions of this ordinance. Theft e of a valid Sections 9,4 and 5 ofolumedOf rimEliminationcovering or concentration of wastes constituting
discharges into a natural outlet shell be considered as meeting all requirements "slugs" as defined herein.
of this secllw. (kl obnoxious, toxIc, or poisonous solids, liquids, or gases.
Seen^, 3. Except u hereinafter provided, it shall be unlawful to construct or
ll l any oaten and wastes containing laic materials or heavy metals In
mainaia any privy, privy vault, septic tank, cesspool, or other facility intended concentrations exceeding the following limits:
to be used for the disposal of swap. Maxlmam for Average For
Secion 4. The owner of all bases, buildings, or properties used for human Any one Day 3.Camecutive ,
omhpcatedemployment,
(im or other purposes, aesituated within the City Cyanidehundredof 0.e 0.23
his wn•expeme, install suitable toilet facilities therein, and connect such Cadmium 1,2 0.5
fxlalsewer. es to such accessible public ser. The requirements of this section shall Chromium (total) 7.0 2.5
not apply to owner, discharging such sewage under the provisions s of a valid C^OPes 4.5 1.0
Ncilevl.Pollution Discharge Elimination System permit. 1Rnd o.e 0.3
Section S. Other Man building sewers and collector building sewers, a Nickel 4.1 1.s
s:dere constructed by owners existing public sewer shall be located within Zinc 4.2 1.8
public easement or rights of way and shall be constructed by such owner to the Total Metals 10.5 5.0
standards required by the City for public sewers if permitted by the Approving If industry compliance with the above stated limits fails to reduce the conceit -
way
or Y- No sewer shall be constructed licwithin any public easement or right of tralions of toxic materials or heavy melds in the s tl to the Fayetteville
eL;ittl5tY, acted to a public sewer without approval by the Approving sage treatment plant to within sideline concentrations published by the
ARTICLE III Arkansas Sat Department of Pollution Control and Ecology and listed below,
PRIVATE SEWAGE DISPOSAL the above stated limits may be reduced by the Approving Authority to the in.
Section I. Where a public unitary sewer is not available under the Provisions dustries contributing toxic materials or heavy metals to the extent neemary to
of Articte II, Section 4 above, the building sewer shall be connected to a private reduce the concentrations of toxic materials or heavy metals in the influent to
s wave disposal system complying with the provisions of this article. the Fayetteville Sewage treatment plant to within the following Arkansas Sate
Section 2. Before commencement of constructing d a private sewage disposal Department of Pollution Control and Ecology guidelines:
paahc-icy'. The apdcn, the plication lies forll obtain a such permit
tten shall be marde�aneda form furnthe ished by Concentration(/1)
the City, which the applicant stall supplement by pans, specifications, and Element (m8/O
construction permit approved by the Arkansas Department of Health end/or Anent^ 0.05
the Arkansas State Pollution Control Commission. No permit shall be issued for Barium 5.00
any lot which has a gross area of la than 1.5 acres unless the final plat for the Boron l.m
s:ttavaim in which the hot Is located was approved by the Fayetteville Plan- Cadmium 0.02
ni l Commission and filed for record prior to July 5, 1917, For a metes and Chromium 0.05
b—.,,d3parcel nopermit shell beissued if the parcel coned a grins area of less lcopper 0.02
rAic antresand scat ereatedbya lot split which occurred after July of, Cyanide p.m
.T;.sa 9. The type, capacities, locations and layout o private swage Lead 0.10
d l systems shill comply with all requirement of the Arkansas Depart- Manganese 0.50
'Health the Arkansas Slate Pollution Control Commission. Mercury 0.002
n4, Within twelve 1121 months from the date on which an accessible Nickel 0.m
p. ,_o'er becomes available Be defined in Article 1, Section I above, in prose Selenium 0.02
trt,t where service is not now avaiable, all owners of property on wMeh Silver 0.01
:.sires are located having pant of water usage within two hundred (2m) Zinc 0.05
[: Y t! an accessible public sewer line on shall connect the building ewer to the (m) any waters or wades containing any measurable tram of Me
sewer pursuant to the provisions of Article II above. The requirements the following in excess of concentrations found in normal domestic wastewater u
I1a :tines a valid l rat uraly to owners Discharge
discharging i sewage permsder
:eel tmdaNatural PollutionARTICLE IV eElimivaliOn System permit, definedinArticle l,S
4:
IV Antimony Molybdenum
BUILDING SEWERS AND CONNECTIONS Beryllium Pesticides
&, 1,on 1. No unauthorized person shall uncover, make any connection x ith or Bismuth Rhenium
i into, use, alter, a disturb, any public sewer or appurtenance thereof Cobalt Strontium
I Pint obtaining a written permit from the Approving Authority. No Fungicides Tellurium
rm.. &hall be issued to allow any person to tie his property to the sewer system Herbicides Uranyllon
c!il' e tie -on fee prescribed by Ordinance No. 953 as presently amended or as In) chlorinated solvent.
c " 'amended in the future is paid. (m wastes containing Sulfides over 5.0 mg/I.
an 2. There shall be two 12) classes of building Bawer permits: (a) for (p) Septic tank sludge, except that such sludge may be discharged into the
r.r. t. dial and(bh for service to establishments producing industrial wastes. in sage works at locations designated for this purpose by the Approving
:lx- case. the owner Or agent shall make application m a special form for- Authority by perm permitted by the Arkansas Department of Health. Persons
s calicos, or any other information
by the City. The pear sewn application shell be supplemented by any plans, utilizing this service shall furnish to the Approving Authority the origin of such-eatconsidered pertinent in the judgment d sludge, i.e., the owner's name and address, and the content of the sludge. i.e..
UK' UionprovingAuthority. permit residential septic tank sludge, commercial or industrial establishment Septic
Satins wastes, Far permit for Barvent to roeaasd eaple ant tots pa per
fndmlati nithe the Ap r agent shall be as a supplement a permit me permit tank sludge, i other.
e
'gensuactio,furnishto ation modification,
odovin8o,and/e operation
rndor such it) watssorvwsolidssmm�in d8b0anceto
from
the hetArk Arkansas
installation, nh on rot CO and/or as required has been obtained tm waters or wastes containing a treatment
which am not amenable re
cfothjakeseradnCombo)tiontAct on as me, or as may be
amenable eborreductionSnby the suchgetreatmente processes employedorare
d the ed in
Arkansas Water and Air Pollution Act of 1949 as amended, or as maybe to treatment e enre to such ids of that the sewage having rplant
^m tflOt 4 the w,;rr future. over
cannot the
the requirement of other agencies jurisdiction
.-lee into h Fay 'viesew geiworkmablap establishments for discharging for industrial Section 3. Nlot son shall wean.
w=ns the E'avmrevti;eswage works shall apply for a permit for continued No parses shall discharge or cause to be discharged material