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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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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
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