HomeMy WebLinkAboutOrdinance 3965ORDINANCE NO. 3965
AN ORDINANCE REPEALING CHAPTER 51: WATER AND
SEWER, SUBCHAPTER: DISCHARGE AND PRETREATMENT
REGULATIONS, SECTIONS 51.070 THROUGH 51.089, OF
THE CODE OF FAYETTEVILLE; AND ADOPTING THE
DISCHARGE AND PRETREATMENT CODE FOR THE CITY
OF FAYETTEVILLE.
WHEREAS, A.C.A. §14-55-207 authorizes a municipality to adopt by reference
technical codes or regulations without setting forth the provisions of the code; and,
WHEREAS, three copies thereof are filed in the office of the City Clerk for inspection
and view by the public prior to the passage of said ordinance; and,
WHEREAS, notice to the public by publication in a paper of general circulation within
Fayetteville has been given stating that the copies of the Discharge and Pretreatment Code are
open to public inspection prior to the passage of this ordinance adopting said code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That Chapter 51: Water and Sewer, Subchapter: Discharge and
Pretreatment Regulations, Section 51.070 through 51.089, of the Code of Fayetteville, is hereby
repealed.
Section That the Discharge and Pretreatment Code attached hereto as Exhibit "A"
and made a part hereof is hereby adopted by reference.
Section 3. Said Discharge and Pretreatment Code shall be codified in substantially the
same form as shown in the attached Exhibit "A".
Section 4. Should any paragraph, section, clause, phrase or part of said Discharge and
Pretreatment Code, for any reason, be held invalid, such invalidity shall not affect the validity
of the remaining provisions of said Discharge and Pretreatment Code and the application of those
provision to any person or circumstance shall not be affected thereby.
PASSED AND APPROVED this 7th day of May 1996.
APPRO j
red Hanna, Mayor
fl i .� Z
i J�
a�erPaul, City Clerk
EXHIBIT A
CHAPTER 51: WATER AND SEWERS, DISCHARGE AND
PRETREATMENT REGULATIONS, OF THE CODE OF
FAYETTEVILLE.
§51.070. GENERAL PROVISIONS.
PURPOSE. This Subchapter sets forth standards and requirements for
users of the Publicly Owned Treatment Works (POTW) for the City of
Fayetteville and enables the City to comply with all applicable Federal and State
laws, including the Clean Water Act (33 U.S.C. 1251 gl =.) and the General
Pretreatment Regulations (40 C.F.R. Part 403). The objectives of this Subchapter
are:
(1) To prevent the introduction of pollutants into the POTW that
will interfere with its operation or contaminate its resulting sludge;
(2) To prevent the introduction of pollutants into the POTW which
will pass through the POTW, inadequately treated, into receiving waters or
otherwise be incompatible with the POTW;
(3) To protect both POTW personnel who may be affected by
wastewater and sludge in the course of their employment and the general public;
(4) To improve opportunities for reuse and recycling of wastewater
and sludge from the POTW;
(5) To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the POTW;
(6) To enable the City to comply with its National Pollutant
Discharge Elimination System permit conditions, sludge use and disposal
requirements, and any other Federal or State laws to which the POTW is subject;
and
(7) To provide for penalties for violations of the regulations
established herein.
This Subchapter authorizes the issuance of wastewater discharge permits;
provides for monitoring, compliance, and enforcement activities; establishes
administrative review procedures; requires user reporting; and provides for the
setting of.fees for the equitable distribution of costs resulting from the program
established herein.
§51.071. APPLICABILITY. This Subchapter shall apply to all users of the POTW.
§51.072. ADMINISTRATION. Except as otherwise provided herein, the
Control Authority, as defined in this Subchapter, shall administer, implement, and
enforce the provisions of this Subchapter. Any powers granted to or duties
imposed upon the Control Authority may be delegated by the Control Authority
to his/her authorized representative.
§51.073. ABBREVIATIONS. The following abbreviations shall have the
designated meanings:
ADP &E Arkansas Department of Pollution Control & Ecology
B D Biochemical Oxygen Demand
C.F.R. Code of Federal Regulations
EPA U.S. Environmental Protection Agency
ad gallons per day
- milligrams per liter
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
R RA - Resource Conservation and Recovery Act
TSS Total Suspended Solids
U.S.C. United States Code
§51.074. DEFINITIONS. Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this Subchapter, shall have the meanings
hereinafter designated.
ACT OR 'THE ACT'. The Federal Water Pollution Control Act, also
known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
APPROVAL AUTHORITY. The State of Arkansas or the State Industrial
Pretreatment Coordinator.
AUTHORIZED SIGNATORY OF THE USER.
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice-
president of the corporation in charge of a principal business
function, or any other person who performs similar policy- or
decision -making functions for the corporation; or
(b) The manager of one or more manufacturing,
production, or operation facilities employing more than 250
persons or having gross annual sales or expenditures exceeding $25
million (in second-quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in
accordance with corporate procedures;
(2) If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively;
(3) If the user is a Federal, State, or local governmental facility:
a director or highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or his/her designee;
(4) The individuals described in paragraphs 1 through 3 above may
designate another authorized representative if the authorization is in writing, the
authorization specifies the individual or position responsible for the overall
operation of the facility from which the discharge originates or having overall
responsibility for environmental matters for the company, and the written
authorization is submitted to the Control Authority.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard laboratory
procedures for five (5) days at 200 centigrade, usually expressed as a
concentration of milligrams per liter (mg/1).
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CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL
STANDARD. Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317)
which apply to a specific category of users and which appear in 40 C.F.R.
Chapter I, Subchapter N. Parts 405-471.
CITY. The City of Fayetteville, the Fayetteville City Council or its
authorized representative.
COMPOSITE SAMPLE. The sample resulting from the combination of
individual wastewater samples taken at selected intervals based on an increment
of either flow or time, as specified by the Control Authority.
CONTROL AUTHORITY. The Mayor or his/her authorized
representative.
ENVIRONMENTAL PROTECTION AGENCY (EPA). The U.S.
Environmental Protection Agency or it's authorized representative.
EXISTING SOURCE. Any source of discharge, the construction or
operation of which commenced prior to the publication by EPA of proposed
categorical pretreatment standards, which will be applicable to such source if the
standard is thereafter promulgated in accordance with Section 307 of the Act.
GRAB SAMPLE. An individual sample collected over a period of time
not to exceed (15) minutes.
INDIRECT DISCHARGE OR DISCHARGE. The introduction of
pollutants into the POTW from any nondomestic source regulated under Section
307(b), (c), or (d) of the Act.
INDUSTRIAL USER. A discharger into the POTW of nondomestic
wastewater.
INTERFERENCE. A discharge which alone or in conjunction with a
discharge or discharges from other sources inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or disposal.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT.
The maximum concentration of a pollutant allowed to be discharged at any time,
determined from the analysis of any discrete or composite sample collected,
independent of the industrial flow rate and the duration of the sampling event.
MAY. Discretionary or permissive.
MEDICAL WASTE. Isolation wastes, infectious agents, human blood and
blood products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT. A permit issued to a POTW or other discharger pursuant
to Section 402 of the Act.
NEW SOURCE.
(1) Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of which
commenced after the publication of proposed pretreatment standards under Section
307(c) of the Act which will be applicable to such source if such standards are
thereafter promulgated in accordance with that section, provided that:
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(a) The building, structure, facility, or installation
is constructed at a site at which no other source is located; or
(b) The building, structure, facility, or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
(c) The production or wastewater generating
processes of the building, structure, facility, or installation are
substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors
such as the extent to which the new facility is integrated with the
existing plant, and the extent to which the new facility is engaged
in the same general type of activity as the existing source, should
be considered.
(2) Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction does not
create a new building, structure, facility, or installation meeting the criteria of
Section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing
process or production equipment.
(3) Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
(a) Begun, or caused to begin as part of a
continuous onsite construction program:
(i) any placement, assembly, or
installation of facilities or equipment; or
(ii) significant site preparation work
including clearing, excavation, or removal of
existing buildings, structures, or facilities which is
necessary for the placement, assembly, or
installation of new source facilities or equipment; or
(b) Entered into a binding contractual obligation for
the purchase of facilities or equipment which are intended to be
used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and
design studies do not constitute a contractual obligation under this
paragraph.
NONCONTACT COOLING WATER. Water used for cooling which does
not come into direct contact with any raw material, intermediate product, waste
product, or finished product.
PASS THROUGH. A discharge which exits the POTW into waters of the
United States in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, is a cause of or has the potential to
cause a violation of any requirement of the City's NPDES permit (including an
increase in the magnitude or duration of a violation).
PERSON. Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental entity,
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or any other legal entity; or their legal representatives, agents, or assigns. This
definition includes all Federal, State, or local governmental entities.
pH. A measure of the acidity or alkalinity of a substance, expressed in
standard units.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discharged
equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the
characteristics of the wastewater [e.g., pH, TSS, turbidity, color, BOD, Chemical
Oxygen Demand (COD), toxicity, or odor].
PRETREATMENT. The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties in
wastewater prior to (or in lieu of) introducing such pollutants into the POTW.
This reduction or alteration can be obtained by physical, chemical, or biological
processes; by process changes; or by other means (except by diluting the
concentration of the pollutants unless allowed by an applicable pretreatment
standard).
PRETREATMENT REQUIREMENTS. Any substantive or procedural
requirement, other than a pretreatment standard, related to pretreatment and
imposed on a user.
PRETREATMENT STANDARDS OR STANDARDS. Pretreatment
standards shall mean prohibited discharge standards, categorical pretreatment
standards, and local limits.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED
DISCHARGES. Prohibitions against the discharge of certain substances; these
prohibitions appear in §51.075(B) of this Subchapter.
PUBLICLY OWNED TREATMENT WORKS (POTW). A "treatment
works," as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned
by the City. This definition includes any devices or systems used in the
collection, storage, treatment, recycling, and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances which convey wastewater to a
treatment plant.
QUALIFIED PROFESSIONAL. A person who is proven to be competent
or suited for a specific position or task.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
SEWAGE. Human excrement and gray water (household showers,
dishwashing operations, etc.).
SHALL. Mandatory.
SIGNIFICANT INDUSTRIAL USER.
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of 25,000 gpd or more
of process wastewater to the POTW (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater); or
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(b) Contributes a process wastestream which makes
up five (5) percent or more of the average dry weather hydraulic
or organic capacity of the POTW treatment plant; or
(c) Is designated as such by the Control Authority
on the basis that it has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment
standard or requirement.
(3) Upon a finding that a user meeting the criteria in (2) has no
reasonable potential for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement, the Control Authority may at any time,
on its own initiative or in response to a petition received from a user [and in
accordance with procedures in 40 C.F.R. 403.8(f)(6)] determine that such user
should not be considered a significant industrial user.
SLUG LOAD OR SLUG. Any discharge at a flow rate or concentration
which could cause a violation of the prohibited discharge standards in this
Subchapter or any discharge of a nonroutine, episodic nature, including but not
limited to, an accidental spill or a noncustomary batch discharge.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A
classification pursuant to the Standard Industrial Classification Manual issued by
the United States Office of Management and Budget.
STATE. State of Arkansas.
STORM WATER. Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
SURCHARGE. A service charge in addition to the normal monthly rate
which shall be assessed to the significant industrial users who discharge into the
City system wastewater having an average BOD concentration in excess of 300
milligrams per liter or an average TSS concentration in excess of 300 milligrams
per liter.
TOTAL SUSPENDED SOLIDS. The total suspended matter that floats
on the surface of, or is suspended in, water, wastewater, or other liquid, and
which is removable by laboratory filtering.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed
as toxic in regulations promulgated by EPA under Section 307 (33 U.S.C. 1317)
of the Act.
TREATMENT PLANT'S EFFLUENT. The discharge from the POTW
into the receiving stream.
USER. Any person who contributes or permits the contribution of
wastewater into the POTW.
WASTEWATER. Liquid and water -carried industrial wastes and sewage
from residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions.
WASTEWATER TREATMENT PLANT. That portion of the POTW which
is designed to provide treatment of municipal sewage and industrial waste.
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§51.075. GENERAL SEWER USE REQUIREMENTS.
(A) WASTEWATER GENERATED BY DEVELOPMENT
LOCATED IN 100-YEAR FLOODPLAIN NOT TO BE TRANSPORTED
OR TREATED BY FACILITIES CONSTRUCTED UNDER EPA PROJECT
NO. C-050366-01 FOR 50 YEARS.
(1) For the purpose of this section AREA OF EXISTING
DEVELOPMENT shall mean an area which, at the time EPA issued a finding
of no significant impact for EPA Project No. C-050366-01 was:
(a) Occupied by existing structures or facilities;
(b) Substantially surrounded by existing structures
or facilities and which serves no significant independent natural
floodpWn function; or
(c) Characterized by substantial investment in public
infrastructure but which is only partially occupied by structures or
facilities.
(2) No wastewater generated by development located in the 100-
year floodplain shall be transported or treated by facilities constructed under EPA
Project No. C-050366-01 for a period of 50 years from January 1, 1987, except
that service may be provided to:
(a) Areas of existing development in a flood plain;
(b) Commercial or public facilities which by nature
must be located in a flood plain;
(c) Areas of projected growth if the environmental
information document for EPA Project No. C-050366-01
demonstrates that proposed development will be consistent with the
floodplain management criteria for flood -prone areas (44 C.F.R.
Section 60.3) of the Federal Emergency Management Agency
(FEMA) and will have no significant impacts on natural functions
and values of the floodplain; or
(d) An area of projected growth if an environmental
impact statement demonstrates that there is no practicable
alternative to such growth, that such growth will be consistent with
the floodplain management criteria for flood -prone areas (44
C.F.R. Section 60.3) of FEMA, and that the benefits of such
growth outweigh its environmental costs.
(B) PROHIBITED DISCHARGE STANDARDS.
(1) General Prohibitions: No person shall introduce or cause to
be introduced into the POTW any pollutant or wastewater which causes pass
through or interference. These general prohibitions apply to all users of the
POTW whether or not they are subject to categorical pretreatment standards or
any other Federal, State, or local pretreatment standards or requirements.
(2) Specific Prohibitions: No person shall introduce or cause to
he introduced into the POTW the following pollutants, substances, or wastewater:
(a) Pollutants which create a fire or explosive
hazard in the POTW, including, but not limited to, wastestreams
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0
with a closed -cup flashpoint of less than 140OF (600C) using the
test methods specified in 40 C.F.R. 261.21;
(b) Wastewater having a pH less than 5.0 or more
than 12.5, or otherwise causing corrosive structural damage to the
POTW or equipment;
(c) Solid or viscous substances including, but not
limited to, fats, oil or grease of animal or vegetable in amounts
which will cause obstruction of the flow in the POTW resulting in
interference but in no case solids greater than 1/2 inch in any
dimension;
(d) Pollutants, including oxygen -demanding
pollutants (BOD, etc.), released in a discharge at a flow rate
and/or pollutant concentration which, either singly or by interaction
with other pollutants, will cause interference with the POTW;
(e) Wastewater having a temperature greater than
1500F (650C), or which will inhibit biological activity in the
treatment plant resulting in interference, but in no case wastewater
which causes the temperature at the introduction into the treatment
plant to exceed 104 o F (40 o C);
(f) Petroleum oil, nonbiodegradable cutting oil, or
products of mineral oil origin, in amounts that will cause
interference or pass through;
(g) Pollutants which result in the presence of toxic
gases, vapors, or fumes within the POTW in a quantity that may
cause acute worker health and safety problems;
(h) Trucked or hauled pollutants, except at
discharge points designated by the Control Authority in accordance
with §51.076(D) of this Subchapter;
(i) Any liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are
sufficient to create a public nuisance or a hazard to life, or to
prevent entry into the sewers for maintenance or repair;
6) Wastewater which imparts color which cannot be
removed by the treatment process, such as, but not limited to, dye
wastes and vegetable tanning solutions, which consequently imparts
color to the treatment plant's effluent, thereby violating the City's
NPDES permit;
(k) Wastewater containing any radioactive wastes
or isotopes except in compliance with applicable Federal or State
regulations and approved by the Control Authority;
(1) Storm water, surface water, ground water,
artisan well water, roof runoff, subsurface drainage, condensate,
deionized water, noncontact cooling water, and unpolluted
wastewater, unless specifically authorized by the Control
Authority;
(m) Sludges, screenings, or other residues from the
pretreatment of industrial wastes;
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(n) Medical wastes, except as specifically authorized
by the Control Authority;
(o) Wastewater causing, alone or in conjunction
with other sources, the POTW to violate its NPDES permit or the
treatment plant's effluent to fail a toxicity test;
(p) Any substance which may cause the POTW's
effluent or other product of the POTW such as residues, sludges or
scums, to be unsuitable for normal landfill/land application,
reclamation or reuse, or to interfere with the reclamation process;
(q) Detergents, surface-active agents, or other
substances which may cause excessive foaming in the POTW;
(r) Any material into a manhole through its top
unless specifically authorized by the Control Authority.
Pollutants, substances, or wastewater prohibited by this section shall not
be processed or stored in such a manner that they could be discharged to the
POTW.
(C) CATEGORICAL PRETREATMENT STANDARDS. The
categorical pretreatment standards found at 40 C.F.R. Chapter 1, Subchapter N,
Parts 405-471 are hereby incorporated.
(1) Where a categorical pretreatment standard is expressed only in
terms of either the mass or the concentration of a pollutant in wastewater, the
Control Authority may impose equivalent concentration or mass limits in
accordance with 40 C.F.R. 403.6(c).
(2) When wastewater subject to a categorical pretreatment standard
is mixed with wastewater not regulated by the same standard, the Control
Authority shall impose an alternate limit using the combined wastestream formula
in 40 C.F.R. 403.6(e).
(3) A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and substantive
provisions in 40 C.F.R. 403.13, that factors relating to its discharge are
fundamentally different from the factors considered by EPA when developing the
categorical pretreatment standard.
(4) A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 C.F.R. 403.15.
(D) LOCAL LIMITS. The following pollutant limits are established
to protect against pass through and interference. No person shall discharge
wastewater containing in excess of the following instantaneous maximum
allowable discharge limits except by permit from the Control Authority:
0.68
mg/1
arsenic
0.02
mg/1
cadmium
0.48
mg/l
chromium
0.23
mg/1
copper
N
0.03
mg/1
cyanide
0.15
mg/head
0.001
mg/l
mercury
0.20
mg/l
nickel
0.06
mg/l
silver
1.52
mg/l
zinc
The above limits apply at the point where the wastewater is discharged to
the POTW. All concentrations for metallic substances are for "total" metal unless
indicated otherwise. The Control Authority may impose mass limitations in
addition to, or in place of, the concentration -based limitations above.
The City may revise or modify the local limits as required, or if deemed
necessary to comply with the objectives presented in §51.070 of this Subchapter
or the general and specific prohibitions in §51.075(B) of this Subchapter, or to
insure compliance with Federal, State, or local law.
(E) RIGHT OF REVISION. The City reserves the right to establish,
by ordinance or in wastewater discharge permits, more stringent standards or
requirements on discharges to the POTW.
(F) DILUTION. No user shall ever increase the use of process water,
or in any way attempt to dilute a discharge, as a partial or complete substitute for
adequate treatment to achieve compliance with a discharge limitation unless
expressly authorized by an applicable pretreatment standard or requirement. The
Control Authority may impose mass limitations on users which are using dilution
to meet applicable pretreatment standards or requirements, or in other cases when
the imposition of mass limitations is appropriate.
§51.076. PRETREATMENT OF WASTEWATER
(A) PRETREATMENT FACILITIES. Users shall provide
wastewater treatment as necessary to comply with this Subchapter and shall
achieve compliance with all pretreatment standards, local limits, and the
prohibitions set out in §51.075(B) of this Subchapter within the time limitations
specified by EPA, the State, or the Control Authority, whichever is more
stringent. Any facilities necessary for compliance shall be provided, operated,
and maintained at the user's expense. Detailed plans describing such facilities and
operating procedures shall be submitted to the Control Authority for review, and
shall be acceptable by the Control Authority before such facilities are constructed.
The review of such plans and operating procedures shall in no way relieve the
user from the responsibility of modifying such facilities as necessary to produce
a discharge acceptable to the Control Authority under the provisions of this
Subchapter.
(B) ADDITIONAL PRETREATMENT MEASURES.
(1) Whenever deemed necessary, the Control Authority may
require users to restrict their discharge during peak flow periods, designate that
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certain wastewater be discharged only into specific sewers, relocate and/or
consolidate points of discharge, separate sewage wastestreams from industrial
wastestreams, and such other conditions as may be necessary to protect the POTW
and determine the user's compliance with the requirements of this Subchapter.
(2) The Control Authority may require any person discharging into
the POTW to install and maintain, on their property and at their expense, a
suitable storage and flow -control facility to ensure equalization of flow. A
wastewater discharge permit may be issued solely for flow equalization.
(3) Grease, oil, and sand interceptors shall be provided when, in
the opinion of the Control Authority, they are necessary for the proper handling
of wastewater containing excessive amounts of grease and oil, or sand; except that
such interceptors shall not be required for residential users. All interception units
shall be of type and capacity approved by the Control Authority and shall be so
located to be easily accessible for cleaning and inspection. Such interceptors shall
be inspected, cleaned, and repaired regularly, as needed, by the user at the user's
expense.
(4) Users with the potential to discharge flammable substances may
he required to install and maintain an approved combustible gas detection meter.
(C) ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS. At
least once every two (2) years the Control Authority shall evaluate whether each
significant industrial user needs an accidental discharge/slug control plan. The
Control Authority may require any user to develop, submit for approval, and
implement such a plan. An accidental discharge/slug control plan shall address,
at a minimum, the following:
(1) Description of discharge practices, including nonroutine batch
discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Control Authority of
any accidental or slug discharge, as required by §51.079(F) of this Subchapter.
Such notification must also be given for any discharge which would violate any
of the prohibited discharges in §51.075(B) of this Subchapter; and
(4) Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures include, but are not limited to, inspection and
maintenance of storage areas, handling and transfer of materials, loading and
unloading operations, control of plant site runoff, worker training, building of
containment structures or equipment, measures for containing toxic organic
pollutants (including solvents), and/or measures and equipment for emergency
response.
(D) HAULED WASTEWATER.
(1) Septic tank waste haulers are required to submit an application
to discharge liquid wastes. This application must be accompanied by a fee of
$100. Septic tank waste may be introduced into the POTW only at locations
approved by the Control Authority and at such times as are established by the
Control Authority. Such wastes shall not violate §51.075 of this Subchapter or
any other requirements established by the Control Authority. A fee of $50 for
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each septic waste load must be paid in advance. The Control Authority may
require the septic tank waste haulers to obtain wastewater discharge permits.
(2) The Control Authority shall require haulers of industrial waste
to obtain wastewater discharge permits. The Control Authority may require
generators of hauled industrial waste to obtain wastewater discharge permits. The
Control Authority also may prohibit the disposal of hauled industrial waste. The
discharge of hauled industrial waste is subject to all other requirements of this
Subchapter.
(3) Septic tank waste haulers and industrial waste haulers may only
discharge loads at locations designated by the Control Authority. No load may
be discharged without prior consent of the Control Authority. The Control
Authority may collect samples of each hauled load to ensure compliance with
applicable standards. The Control Authority may require the hauler to provide
a waste analysis of any load prior to discharge.
(4) Septic tank waste and industrial waste haulers must provide a
waste -tracking form for every load. This form shall include, at a minimum, the
name and address of the waste hauler, permit number, truck identification, names
and addresses of sources of waste, and volume and characteristics of waste. For
industrial waste, the form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
§51.077. WASTEWATER DISCHARGE PERMIT APPLICATION.
(A) WASTEWATER ANALYSIS. When requested by the Control
Authority, a user must submit information on the nature and characteristics of the
user's wastewater. The Control Authority is authorized to prepare a form for this
purpose and may periodically require users to submit or update the information
(B) WASTEWATER DISCHARGE PERMIT REQUIREMENT.
(1) No significant industrial user shall discharge wastewater into
the POTW without first obtaining a wastewater discharge permit from the Control
Authority, except a significant industrial user that has filed a timely application
pursuant to §51.077(C) of this Subchapter may continue to discharge for the time
period specified therein.
(2) The Control Authority may require other users to obtain
wastewater discharge permits as necessary to carry out the purposes of this
Subchapter.
(3) Any violation of the terms and conditions of a wastewater
discharge permit shall be deemed a violation of this Subchapter and subjects the
wastewater discharge permittee to the sanctions set out in §51.082 through
§51.084 of this Subchapter. Obtaining a wastewater discharge permit does not
relieve a permittee of its obligation to comply with all Federal and State
pretreatment standards or requirements or with any other requirements of Federal,
State, and local law.
(C) WASTEWATER DISCHARGE PERMITTING: EXISTING
CONNECTIONS. Any non -permitted user required to obtain a wastewater
IV)
discharge permit, who was discharging wastewater into the POTW prior to the
effective date of this Subchapter and who wishes to continue such discharges in
the future, shall, within ninety (90) days after said date, apply to the Control
Authority for a wastewater discharge permit in accordance with §51.077(E) of this
Subchapter, and shall not cause or allow discharges to the POTW to continue after
180 days of the effective date of this Subchapter except in accordance with a
wastewater discharge permit issued by the Control Authority.
(D) WASTEWATER DISCHARGE PERMITTING: NEW
CONNECTIONS. Any user required to obtain a wastewater discharge permit
that proposes to begin or recommence discharging into the POTW must obtain
such permit prior to the beginning or recommencing of such discharge. An
application for this wastewater discharge permit, in accordance with §51.077(E)
of this Subchapter, must be filed at least ninety (90) days prior to the date upon
which any discharge will begin or recommence.
(E) WASTEWATER DISCHARGE PERMIT APPLICATION
CONTENTS. All users required to obtain a wastewater discharge permit must
submit a permit application accompanied by a fee of $500. The Control
Authority may require a user to submit as part of an application the following
information:
(1) The information required by §51.079(A)(2) of this Subchapter;
(2) Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemicals used or stored at the
facility which are, or could accidentally or intentionally be, discharged to the
POTW;
(3) Number of employees, hours of operation, and proposed or
actual hours of operation;
(4) Each product produced by type, amount, process or processes,
and rate of production;
(5) Type and amount of raw materials processed (average and
maximum per day);
(6) Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, floor drains, chemical storage areas, and appurtenances
by size, location, and elevation, and all points of discharge;
(7) Time and duration of discharges; and
(8) Any other information as may be deemed necessary by the
Control Authority to evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be
returned to the user for revision.
(F) APPLICATION SIGNATORIES AND CERTIFICATION. All
wastewater discharge permit applications and user reports must be signed by an
authorized signatory of the user and contain the following certification statement:
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"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware
there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing
violations."
(G) WASTEWATER DISCHARGE PERMIT DECISIONS. The
Control Authority will evaluate the data furnished by the user and may require
additional information. Within ninety (90) days of receipt of a complete
wastewater discharge permit application, the Control Authority will determine
whether or not to issue a wastewater discharge permit. The Control Authority
may deny any application for a wastewater discharge permit.
§51.078. WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS.
(A) WASTEWATER DISCHARGE PERMIT DURATION.
Wastewater discharge permits shall be issued for a specified time period, not to
exceed five (5) years from the effective date of the permit. A wastewater
discharge permit may be issued for a period less than five (5) years, at the
discretion of the Control Authority. Each wastewater discharge permit will
indicate a specific date upon which it will expire.
(B) WASTEWATER DISCHARGE PERMIT CONTENTS.
Wastewater discharge permits shall include such conditions as are deemed
reasonably necessary by the Control Authority to prevent pass through or
interference, protect the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, protect the public, facilitate sludge
management and disposal, and protect against damage to the POTW.
(1) Wastewater discharge permits must contain:
(a) A statement that indicates wastewater discharge
permit duration, which in no event shall exceed five (5) years;
(b) A statement that the wastewater discharge
permit is nontransferable;
(c) Effluent limits based on applicable pretreatment
standards;
(d) Self monitoring, sampling, reporting,
notification, and record -keeping requirements. These requirements
shall include an identification of pollutants to be monitored,
sampling location, sampling frequency, and sample type based on
Federal, State, and local law; and
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(e) A statement of applicable civil and criminal
penalties for violation of pretreatment standards and requirements,
and any applicable compliance schedule. Such schedule may not
extend the time for compliance beyond that required by applicable
Federal, State, or local law.
(2) Wastewater discharge permits may contain, but need not be
limited to, the following conditions:
(a) Limits on the average and/or maximum rate of
discharge, time of discharge, and/or requirements for flow
regulation and equalization;
(b) Requirements for the installation and
maintenance of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the
treatment works;
(c) Requirements for the development and
implementation of accidental discharge/slug control plans or other
special conditions including management practices necessary to
adequately prevent accidental, unanticipated, or nonroutine
discharges;
(d) Development and implementation of waste
minimization plans to reduce the amount of pollutants discharged
to the POTW;
(e) Requirements for installation and maintenance
of inspection and sampling facilities and equipment;
(f) A statement that compliance with the wastewater
discharge permit does not relieve the permittee of responsibility for
compliance with all applicable Federal and State pretreatment
standards, including those which become effective during the term
of the wastewater discharge permit; and
(g) Other conditions as deemed appropriate by the
Control Authority to ensure compliance with this Subchapter, and
Federal and State laws, rules, and regulations.
(C) WASTEWATER DISCHARGE PERMIT APPEALS. A
permittee may petition the Control Authority to reconsider the terms of a
wastewater discharge permit within thirty (30) days of notice of issuance of the
discharge permit.
(1) Failure to submit a timely petition for review shall be deemed
to be a waiver of the administrative appeal.
(2) In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection, and the
alternative condition, if any, it seeks to place in the wastewater discharge permit.
(3) The effectiveness of the wastewater discharge permit shall not
be stayed pending the appeal.
(4) If the Control Authority fails to act within thirty (30) days of
receipt of the request, the request for reconsideration shall be deemed to be
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denied. Decisions not to reconsider a wastewater discharge permit, not to issue
a wastewater discharge permit, or not to modify a wastewater discharge permit,
shall be considered final administrative actions for purposes of judicial review.
(D) WASTEWATER DISCHARGE PERMIT MODIFICATION.
The Control Authority may modify the wastewater discharge permit for good
cause including, but not limited to, the following reasons:
(1) To incorporate any new or revised Federal, State, or local
pretreatment standards or requirements;
(2) To address significant alterations or additions to the user's
operation, processes, or wastewater volume or character since the time of
wastewater discharge permit issuance;
(3) A change in the POTW that requires either a temporary or
permanent reduction or elimination of the authorized discharge;
(4) Information indicating the permitted discharge poses a threat
to the POTW, POTW personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater
discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 C.F.R. 403.13;
(8) To correct typographical or other errors in the wastewater
discharge permit.
(E) WASTEWATER DISCHARGE PERMIT TRANSFER.
Wastewater discharge permits may not be assigned or transferred to a new owner
and/or operator.
(F) WASTEWATER DISCHARGE PERMIT REVOCATION. The
Control Authority
may revoke a wastewater discharge permit for good cause,
including, but not
limited to, the following reasons:
(1)
Failure to notify the Control Authority of significant changes
to the wastewater
prior to the changed discharge;
(2)
Failure to provide prior notification to the Control Authority
of changed conditions pursuant to §51.079(E) of this Subchapter;
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater
discharge permit application;
(4)
Falsifying self -monitoring or other reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the Control Authority timely access to the
facility premises and
records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
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(11) Failure to complete a wastewater survey or the wastewater
discharge permit application; or
(12) Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or this Subchapter.
Wastewater discharge permits shall be voidable upon cessation of
operations. All wastewater discharge permits issued to a particular user are void
upon the issuance of a new wastewater discharge permit to that user.
(G) WASTEWATER DISCHARGE PERMIT REISSUANCE. A
user with an expiring wastewater discharge permit shall apply for wastewater
discharge permit reissuance by submitting a complete permit application, in
accordance with §51.077(E) of this Subchapter, a minimum of ninety (90) days
prior to the expiration of the user's existing wastewater discharge permit.
(H) REGULATION OF WASTE RECEIVED FROM OTHER
JURISDICTIONS.
(1) If another jurisdiction, or user located within another
jurisdiction, contributes wastewater to the POTW, the Control Authority shall
enter into an interjurisdictional agreement with the contributing jurisdiction.
(2) An interjurisdictional agreement, as required by paragraph (1),
above, shall contain the following conditions:
(a) A requirement for the contributing jurisdiction
to adopt a sewer use ordinance which is at least as stringent as this
Subchapter and local limits which are at least as stringent as those
set out in §51.075(D) of this Subchapter. The requirement shall
specify that such ordinance and limits must be revised as necessary
to reflect changes made to the City's ordinance and/or local limits;
(b) A requirement for the contributing jurisdiction
to submit a revised user inventory on at least an annual basis;
(c) A provision specifying which pretreatment
implementation activities, including wastewater discharge permit
issuance, inspection and sampling, and enforcement, will be
conducted by the contributing jurisdiction; which of these activities
will be conducted by the Control Authority; and which of these
activities will be conducted jointly by the contributing jurisdiction
and the Control Authority;
(d) A requirement for the contributing jurisdiction
to provide the Control Authority with access to all information the
contributing jurisdiction obtains as part of its pretreatment
activities;
(e) A provision insuring the Control Authority
access to the facilities of users located within the contributing
jurisdiction's boundaries for the purpose of inspection, sampling,
and any other duties deemed necessary by the Control Authority;
and
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(f) A provision specifying remedies available for
breach of the terms of the intedurisdictional agreement.
§51.079. REPORTING REQUIREMENTS.
(A) BASELINE MONITORING REPORTS.
(1) Within either 180 days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a category
determination under 40 C.F.R. 403.6(a)(4), whichever is later, existing
categorical users currently discharging to or scheduled to discharge to the POTW
shall submit to the Control Authority a report which contains the information
listed in paragraph B, below. At least ninety (90) days prior to commencement
of their discharge, new sources, and sources that become categorical users
subsequent to the promulgation of an applicable categorical standard, shall be
required to submit to the Control Authority a report which contains the
information listed in paragraph 2, below. A new source shall report the method
of pretreatment it intends to use to meet applicable categorical standards. A new
source also shall give estimates of its anticipated flow and quantity of pollutants
to be discharged.
(2) Users described above shall submit the information set forth
below.
(a) Identifying Information. The name and address
of the facility, including the name of the operator and owner.
(b) Environmental Permits. A list of any
environmental control permits held by or for the facility.
(c) Description of Operations. A brief description
of the nature, average rate of production, and standard industrial
classifications of the operation(s) carried out by such user. This
description should include a schematic process diagram which
indicates points of discharge to the POTW from the regulated
processes.
(d) Flow Measurement. Information showing the
measured average daily and maximum daily flow, in gallons per
day, to the POTW from regulated process streams and other
streams, as necessary, to allow use of the combined wastestream
formula set out in 40 C.F.R. 403.6(e).
(e) Measurement of Pollutants.
(i) The categorical pretreatment
standards applicable to each regulated process.
(ii) The results of sampling and
analysis identifying the nature and concentration
(and/or mass, where required by the standard or by
the Control Authority) of regulated pollutants in the
discharge from each regulated process.
Instantaneous, daily maximum, and long term
average concentrations or mass, where required,
shall be reported. The sample shall be
representative of daily operations and shall be
analyzed in accordance with procedures set out in
§51.079(I) of this Subchapter.
(iii) Sampling must be performed in
accordance with procedures set out in §51.079(K) of
this Subchapter.
(f) Certification. A statement, reviewed by the
user's authorized signatory and certified by a qualified
professional, indicating whether pretreatment standards are being
met on a consistent basis, and, if not, whether additional Operation
and Maintenance (O&M) and/or additional pretreatment, is
required to meet the pretreatment standards and requirements.
(g) Compliance Schedule. If additional
pretreatment and/or O&M will be required to meet the
pretreatment standards, the shortest schedule by which the user will
provide such additional pretreatment and/or O&M. The
completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment
standard. A compliance schedule pursuant to this section must
meet the requirements set out in §51.079(B) of this Subchapter.
(h) Signature and Certification. All baseline
monitoring reports must be signed and certified in accordance with
§51.077(F) of this Subchapter.
(B) COMPLIANCE SCHEDULE PROGRESS REPORT. The
following conditions shall apply to the compliance schedule required by §51.079
(A)(2)(g) of this Subchapter:
(1) The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for the user to meet
the applicable pretreatment standards (such events include, but are not limited to,
hiring an engineer, completing preliminary and final plans, executing contracts for
major components, commencing and completing construction, beginning and
conducting routine operation);
(2) No increment referred to above shall exceed nine (9) months;
(3) The user shall submit a progress report to the Control
Authority no later than ten (10) business days following each date in the schedule
and the final date of compliance including, as a minimum, whether or not it
complied with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the established schedule;
and
(4) In no event shall more than nine (9) months elapse between
such progress reports to the Control Authority.
(C) REPORT ON COMPLIANCE WITH CATEGORICAL
PRETREATMENT STANDARD DEADLINE. Within ninety (90) days
following the date for final compliance with applicable categorical pretreatment
19
standards, or in the case of a new source following commencement of the
introduction of wastewater into the POTW, any user subject to such pretreatment
standards and requirements shall submit to the Control Authority a report
containing the information described in §51.079(A)(2)(d-f) of this Subchapter.
For users subject to equivalent mass or concentration limits established in
accordance with the procedures in 40 C.F.R. 403.6(c), this report shall contain
a reasonable measure of the user's long-term production rate. For all other users
subject to categorical pretreatment standards expressed in terms of allowable
pollutant discharge per unit of production (or other measure of operation), this
report shall include the user's actual production during the appropriate sampling
period. All compliance reports must be signed and certified in accordance with
§51.077(F) of this Subchapter.
(D) PERIODIC COMPLIANCE REPORTS.
(1) All significant industrial user shall, at a frequency determined
by the Control Authority but in no case less than every six months, submit a
report indicating the nature and concentration of pollutants in the discharge which
are limited by pretreatment standards and the measured or estimated average and
maximum daily flows for the reporting period. All periodic compliance reports
must be signed and certified in accordance with §51.077(F) of this Subchapter.
(2) All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall be
properly operated, kept clean, and maintained in good working order at all times.
The failure of a user to keep its monitoring facility in good working order shall
not be grounds for the user to claim that sample results are unrepresentative of its
discharge.
(3) If a user subject to the reporting requirement in this section
monitors any pollutant more frequently than required by the Control Authority,
using the procedures prescribed in §51.079(J) and §51.079(K) of this Subchapter,
the results of this monitoring shall be included in the report.
(E) REPORT OF CHANGED CONDITIONS. Each user must
notify the Control Authority of any planned significant changes to the user's
operations or system which might alter the nature, quality or volume of its
wastewater at least thirty (30) days before the change.
(1) The Control Authority may require the user to submit such
information as may be deemed necessary to evaluate the changed condition,
including the submission of a wastewater discharge permit application under
§51.077(E) of this Subchapter.
(2) The Control Authority may issue a wastewater discharge permit
under §51.077(G) of this Subchapter or modify an existing wastewater discharge
permit under §51.078(D) of this Subchapter in response to changed conditions or
anticipated changed conditions.
(3) For purposes of this requirement, significant changes include,
but are not limited to, flow changes of twenty percent (20%) or greater, and the
discharge of any previously unreported pollutants.
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(F) REPORTS OF POTENTIAL PROBLEMS.
(1) In the case of any discharge, including, but not limited to,
accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems for the POTW
(including a violation of the prohibited discharge standards in §51.075(B) of this
Subchapter), the user shall immediately telephone and notify the Control Authority
of the incident. This notification shall include the location of the discharge, type
of waste, concentration and volume, if known, and corrective actions taken by the
user.
(2) Within five (5) business days following such discharge, the
user shall, unless waived by the Control Authority, submit a detailed written
report describing the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall not relieve the
user of any expense, loss, damage, or other liability which may he incurred as a
result of damage to the POTW, natural resources, or any other damage to person
or property; nor shall such notification relieve the user of any fines, civil
penalties, or other liability which may be imposed pursuant to this Subchapter.
(3) A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees whom to call in the event of
a discharge described in paragraph A, above. Employers shall ensure that all
employees are advised of the emergency notification procedure.
(G) REPORTS FROM UNPERMITTED USERS. All users not
required to obtain a wastewater discharge permit shall provide appropriate reports
as may be required by the Control Authority.
(H) NOTIFICATION OF VIOLATION/REPEAT SAMPLING
AND REPORTING. If sampling performed by a user indicates a violation, the
user must notify the Control Authority as soon as possible but no later than twenty
four (24) hours of becoming aware of the violation. The user shall also
immediately repeat the sampling and analysis and submit the results of the repeat
analysis to the Control Authority within the time period specified by the Control
Authority but at no time later than thirty (30) days after becoming aware of the
violation. The user may not be required to resample if the Control Authority
samples between the user's initial sampling and when the user receives the results
of this sampling.
(I) NOTIFICATION OF THE DISCHARGE OF HAZARDOUS
WASTE.
(1) Any person who commences the discharge of hazardous waste
shall notify the Control Authority, the EPA Regional Waste Management Division
Director, and State hazardous waste authorities (in writing) any discharge into the
POTW of a substance which, if otherwise disposed of, would be a hazardous
waste under 40 C.F.R. Part 261. Such notification must include the name of the
hazardous waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste
number, and the type of discharge (continuous, batch, or other). If the user
discharges more than one hundred (100) kilograms of such waste per calendar
21
month to the POTW, the notification shall also contain the following information
to the extent such information is known and readily available to the user: an
identification of the hazardous constituents contained in the wastes, an estimation
of the mass and concentration of such constituents in the wastestream discharged
during that calendar month, and an estimation of the mass of constituents in the
wastestream expected to be discharged during the following twelve (12) months.
All notifications to the Control Authority must be made prior to the
commencement of the discharge.
(2) In the case of any new regulations under Section 3001 of
RCRA identifying additional characteristics of hazardous waste or listing any
additional substance as a hazardous waste, the user must notify the Control
Authority, the EPA Regional Waste Management Waste Division Director, and
State hazardous waste authorities of the discharge of such substance within ninety
(90) days of the effective date of such regulations.
(3) In the case of any notification made under this section, the user
shall certify that it has a program in place to reduce the volume and toxicity of
hazardous wastes generated to the degree it has determined to be economically
practical.
(4) This reporting provision does not create a right to discharge
any substance not otherwise permitted to be discharged by this Subchapter, a
permit issued thereunder, or any applicable Federal or State law.
(J) ANALYTICAL REQUIREMENTS. All pollutant analyses,
including sampling techniques, to be submitted as part of a wastewater discharge
permit application or report shall be performed in accordance with the techniques
prescribed in 40 C.F.R. Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 C.F.R. Part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved by the EPA.
(K) SAMPLE COLLECTION.
(1) Except as indicated in Section 2, below, the user must collect
wastewater samples using flow proportional composite collection techniques. In
the event flow proportional sampling is infeasible, the Control Authority may
authorize the use of time proportional sampling or a minimum of four (4) grab
samples where the user demonstrates that this will provide a representative sample
of the effluent being discharged. In addition, grab samples may be required to
show compliance with instantaneous discharge limits.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols,
sulfides, and volatile organic chemicals must be obtained using grab collection
techniques.
(L) TIMING. Written reports will be deemed to have been submitted
on the date post -marked. For reports which are not mailed, postage prepaid, into
a mail facility serviced by the United States Postal Service, the date of receipt of
the report shall govern.
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(M) RECORD KEEPING. Users subject to the reporting requirements
of this Subchapter shall retain, and make available for inspection and copying, all
records of information obtained pursuant to any monitoring activities required by
this Subchapter and any additional records of information obtained pursuant to
monitoring activities undertaken by the user independent of such requirements.
Records shall include the date, exact place, method, and time of sampling and the
name of the person(s) taking the samples; the dates analyses were performed; who
performed the analyses; the analytical techniques or methods used; and the results
of such analyses. These records shall remain available for a period of at least
three (3) years. This period shall be automatically extended for the duration of
any litigation concerning the user or the Control Authority, or where the user has
been specifically notified of a longer retention period by the U.S. EPA, State, or
Control Authority.
§51.080. COMPLIANCE MONITORING.
(A) RIGHT OF ENTRY: INSPECTION AND SAMPLING. The
Control Authority shall have the right to enter the premises of any user to
determine whether the user is complying with all requirements of this Subchapter
and any wastewater discharge permit or order issued hereunder. Users shall allow
the Control Authority ready access to all parts of the premises for the purposes
of inspection, sampling, records examination and copying, and the performance
of any additional duties.
(1) Where a user has security measures in force which require
proper identification and clearance before entry into its premises, the user shall
make necessary arrangements with its security guards so that, upon presentation
of suitable identification, the Control Authority will be permitted to enter without
delay for the purposes of performing specific responsibilities.
(2) The Control Authority shall have the right to set up on the
user's property, or require installation of, such devices as are necessary to conduct
sampling and/or metering of the user's operations.
(3) The Control Authority may require the user to install
monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater flow and
quality shall be calibrated at least annually by a certified technician to ensure their
accuracy. Calibration records shall be made available to the Control Authority
upon request.
(4) Any temporary or permanent obstruction to safe and easy
access to the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Control Authority and shall not
be replaced. The costs of clearing such access shall be bom by the user.
(5) Unreasonable delays in allowing the Control Authority access
to the user's premises shall be a violation of this Subchapter.
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(B) SEARCH WARRANTS. If the Control Authority has been
refused access to a building, structure or property, or any part thereof, and is able
to demonstrate probable cause to believe that there may be a violation of this
Subchapter, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the Control Authority designed to verify
compliance with this Subchapter or any permit or order issued hereunder, or to
protect the overall public health, safety and welfare of the community, then the
Control Authority may seek issuance of a search warrant from the City municipal
court.
§51.081. CONFIDENTIAL INFORMATION. Information and data on a user
obtained from reports, surveys, wastewater discharge permit applications,
wastewater discharge permits, and monitoring programs, and from the Control
Authority's inspection and sampling activities, shall be available to the public
without restriction, unless the user specifically requests, and is able to demonstrate
to the satisfaction of the Control Authority, that the release of such information
would divulge information, processes or methods of production entitled to
protection as trade secrets under applicable State law. Any such request must be
asserted at the time of submission of the information or data. When requested
and demonstrated by the user furnishing a report that such information should be
held confidential, the portions of a report which might disclose trade secrets or
secret processes shall not be made available for inspection by the public, but shall
be made available immediately upon request to governmental agencies for uses
related to the NPDES program or pretreatment program, and in enforcement
proceedings involving the person furnishing the report. Wastewater constituents
and characteristics and other "effluent data" as defined by 40 C.F.R. 2.302 will
not be recognized as confidential information and will be available to the public
without restriction.
§51.082. PUBLICATION OF USERS IN SIGNIFICANT
NONCOMPLIANCE. The Control Authority shall publish annually, in the
largest daily newspaper published in the municipality where the POTW is located,
a list of the users which, during the previous twelve (12) months, were in
significant noncompliance with applicable pretreatment standards and
requirements. The term significant noncompliance shall mean:
(A) Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six percent (66%) or more of wastewater measurements taken
during a six-month period exceed the daily maximum limit or average limit for
the same pollutant parameter by any amount;
(B) Technical Review Criteria (TRC) violations, defined here as those in
which thirty-three percent (33%) or more of wastewater measurements taken for
each pollutant parameter during a six-month period equals or exceeds the product
of the daily maximum limit or the average limit multiplied by the applicable
criteria: 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants
except pH;
(C) Any other discharge violation that the Control Authority believes has
caused, alone or in combination with other discharges, interference or pass
0V
through (including endangering the health of City personnel or the general public);
(D) Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the Control Authority's
exercise of its emergency authority to halt or prevent such a discharge;
(E) Failure to meet, within ninety (90) days of the scheduled date, a
compliance schedule milestone contained in a wastewater discharge permit or
enforcement order for starting construction, completing construction, or attaining
final compliance;
(F) Failure to provide within thirty (30) days after the due date, any
required reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self -monitoring reports,
and reports on compliance with compliance schedules;
(G) Failure to accurately report noncompliance; or
(H) Any other violation(s) which the Control Authority determines will
adversely affect the operation or implementation of the local pretreatment
program.
§51.083. ADMINISTRATIVE ENFORCEMENT REMEDIES.
(A) NOTICE OF VIOLATION. When the Control Authority finds
that a user has violated (or continues to violate) any provision of this subchapter,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Control Authority shall serve upon such
user either an informal warning or a written Notice of Violation. Within five (5)
business days of the receipt of the notice of violation, an explanation of the
violation and a plan for the satisfactory correction and prevention thereof, to
include specific required actions, shall he submitted by the user to the Control
Authority. Submission of this plan in no way relieves the user of liability for any
violations occurring before or after receipt of the Notice of Violation. Nothing
in this section shall limit the authority of the Control Authority to take any action,
including emergency actions or any other enforcement action, without fast issuing
an informal warning or a Notice of Violation.
(B) CONSENT ORDERS. The Control Authority may enter into
Consent Orders, assurances of voluntary compliance, or other similar documents
establishing an agreement with any user responsible for noncompliance. Such
documents will include specific action to be taken by the user to correct the
noncompliance within a time period specified by the document. Such documents
shall have the same force and effect as the administrative orders issued pursuant
to §51.083(D) and §51.083(E) of this Subchapter and shall be judicially
enforceable.
(C) SHOW CAUSE HEARING. The Control Authority may order
a user which has violated or continues to violate, any provision of this
Subchapter, a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, to appear before the Control Authority and
show cause why the proposed enforcement action should not be taken. Notice
25
shall be served on the user specifying the time and place for the meeting, the
proposed enforcement action, the reasons for such action, and a request that the
user show cause why the proposed enforcement action should not be taken. The
notice of the meeting shall be served personally or by registered or certified mail
(return receipt requested) at least five (5) business days prior to the hearing. Such
notice shall be served on a representative of the user who meets the criteria of an
authorized signatory. A show cause hearing shall not be a bar against, or
prerequisite for, taking any other action against the user.
(D) COMPLIANCE ORDERS. When the Control Authority finds
that a user has violated or continues to violate any provision of this Subchapter,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Control Authority may issue an order
to the user responsible for the discharge directing that the user come into
compliance within a specified time. If the user does not come into compliance
within the time provided, sewer service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are installed and
properly operated. Compliance orders may also contain other requirements to
address the noncompliance, including additional self -monitoring, and management
practices designed to minimize the amount of pollutants discharged to the sewer.
A compliance order may not extend the deadline for compliance established for
a national pretreatment standard or requirement, nor does a compliance order
relieve the user of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite for,
taking any other action against the user.
(E) CEASE AND DESIST ORDERS. When the Control Authority
finds that a user has violated (or continues to violate) any provision of this
Subchapter, a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, or that the user's past violations are likely
to recur, the Control Authority may issue an order to the user directing it to cease
and desist all such violations and directing the user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be
needed to properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a
prerequisite for, taking any other action against the user.
(F) ADMINISTRATIVE FINES.
(1) When the Control Authority finds that a user has violated or
continues to violate any provision of this Subchapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard or
requirement, the Control Authority may fine such user in an amount not to exceed
$1,000. Such fines shall be assessed on a per violation, per day basis. The
26
Control Authority may add the costs of preparing administrative enforcement
actions, such as notices and orders, to the fine.
(2) Issuance of an administrative fine shall not be a bar against,
or a prerequisite for, taking any other action against the user.
(G) EMERGENCY SUSPENSIONS. The Control Authority may
immediately suspend a user's discharge, after informal notice to the user,
whenever such suspension is necessary to stop an actual or threatened discharge
which reasonably appears to present or cause an imminent or substantial
endangerment to the health or welfare of persons. The Control Authority may
also immediately suspend a user's discharge, after notice and opportunity to
respond, that threatens to interfere with the operation of the POTW, or which
presents or may present an endangerment to the environment.
(1) Any user notified of a suspension of its discharge shall
immediately stop or eliminate its contribution. In the event of a user's failure to
immediately comply voluntarily with the suspension order, the Control Authority
shall take such steps as deemed necessary, including immediate severance of the
sewer connection or water service, to prevent or minimize damage to the POTW,
its receiving stream, or endangerment to any individuals. The Control Authority
may allow the user to recommence its discharge when the user has demonstrated
to the satisfaction of the Control Authority that the period of endangerment has
passed, unless the termination proceedings in §51.083(H) of this Subchapter are
initiated against the user.
(2) If necessary, reverence of the sewer connection or water
service may occur without notice.
(3) A user that is responsible, in whole or in part, for any
discharge presenting imminent endangerment shall submit a detailed written
statement, describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence, to the Control Authority within five (5)
business days.
Nothing in this section shall be interpreted as requiring a hearing prior to
any emergency suspension under this section.
(H) TERMINATION OF DISCHARGE. Any user that violates the
conditions in §51.078(F) of this Subchapter is subject to discharge termination.
Such user will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under §51.083(C) of this Subchapter why
the proposed action should not be taken. Exercise of this option by the Control
Authority shall not be a bar to, or a prerequisite for, taking any other action
against the user.
§51.084. JUDICIAL ENFORCEMENT
(A) INJUNCTIVE RELIEF. When the Control Authority finds that
a user has violated (or continues to violate) any provision of this Subchapter, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment
27
standard or requirement, the Control Authority may petition the appropriate court
through the Control Authority's Attorney for the issuance of a temporary or
permanent injunction, as appropriate, which restrains or compels the specific
performance of the wastewater discharge permit, order, or other requirement
imposed by this Subchapter on activities of the user. The Control Authority may
also seek such other action as is appropriate for legal and/or equitable relief,
including a requirement for the user to conduct environmental remediation. A
petition for injunctive relief shall not be a bar against, or a prerequisite for, taking
any other action against a user.
(B) CIVIL PENALTIES.
(1) A user which has violated or continues to violate any provision
of this Subchapter, a wastewater discharge permit, or order issued hereunder, or
any other pretreatment standard or requirement shall be liable to the Control
Authority for a maximum civil penalty of $1,000 per violation, per day. In the
case of a monthly or other long term average discharge limit, penalties shall
accrue for each day during the period of violation.
(2) In determining the amount of civil liability, the Court shall take
into account all relevant circumstances, including, but not limited to, the extent
of harm caused by the violation, the magnitude and duration, any economic
benefit gained through the user's violation, corrective actions by the user, the
compliance history of the user, and any other factor as justice requires.
(3) Filing a suit for civil penalties shall not be a bar against, or a
prerequisite for, taking any other action against a user.
(C) COST RECOVERY. The Control Authority may recover
reasonable attorney's fees, court costs, and other expenses associated with
enforcement activities, including sampling and monitoring expenses, and the cost
of any actual damages or fines incurred by the Control Authority.
(D) REMEDIES NONEXCLUSIVE. The remedies provided for in
this Subchapter are not exclusive. The Control Authority may take any, all, or
any combination of these actions against a noncompliant user. Enforcement of
pretreatment violations will generally be in accordance with the Control
Authority's enforcement response plan. However, the Control Authority may take
other action against any user, including but not limiting to, misdemeanor and
felony fines and imprisonment when the circumstances warrant.
§51.085. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.
(A) UPSET.
(1) For the purposes of this section, "upset" means an exceptional
incident in which there is unintentional and temporary noncompliance with
categorical pretreatment standards because of factors beyond the reasonable
control of the user. An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate
in
treatment facilities, lack of preventive maintenance, or careless or improper
operation.
(2) An upset shall constitute an affirmative defense to an action
brought for noncompliance with categorical pretreatment standards if the
requirements of paragraph (3) are met.
(3) A user who wishes to establish the affirmative defense of upset
shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(a) An upset occurred and the user can identify the
cause(s) of the upset;
(b) The facility was at the time being operated in a
prudent and workman -like manner and in compliance with
applicable operation and maintenance procedures; and
(c) The user has submitted the following
information to the Control Authority as soon as possible but no
later than twenty four (24) hours of becoming aware of the upset.
If this information is provided orally, a written submission must be
provided within five (5) business days:
(i) A description of the indirect
discharge and cause of noncompliance;
(ii) The period of noncompliance,
including exact dates and times or, if not corrected,
the anticipated time the noncompliance is expected
to continue; and
(iii) Steps being taken and/or planned
to reduce, eliminate, and prevent recurrence of the
noncompliance.
(4) In any enforcement proceeding, the user seeking to establish
the occurrence of an upset shall have the burden of proof.
(5) Users will have the opportunity for a judicial determination on
any claim of upset only in an enforcement action brought for noncompliance with
categorical pretreatment standards.
(6) Users shall control production of all discharges to the extent
necessary to maintain compliance with categorical pretreatment standards upon
reduction, loss, or failure of its treatment facility until the facility is restored or
an alternative method of treatment is provided. This requirement applies in the
situation where, among other things, the primary source of power of the treatment
facility is reduced, lost, or fails.
(B) PROHIBITED DISCHARGE STANDARDS. A user shall have
an affirmative defense to an enforcement action brought against it for
noncompliance with the prohibitions in §51.075(B)(1) of this Subchapter or the
specific prohibitions in §51.075(B)(2)(a) through (r), except for §51.075(B)(2)(h),
if it can prove that it did not know, or have reason to know, that its discharge,
alone or in conjunction with discharges from other sources, would cause pass
through or interference and that either:
29
I
(1) A local limit exists for each pollutant discharged and the user
was in compliance with each limit directly prior to, and during, the pass through
or interference; or
(2) No local limit exists, but the discharge did not change
substantially in nature or constituents from the user's prior discharge when the
Control Authority was regularly in compliance with its NPDES permit, and in the
case of interference, was in compliance with applicable sludge use or disposal
requirements.
(C) BYPASS.
(1) For the purposes of this section,
(a) "Bypass" means the intentional diversion of
wastestreams from any portion of a user's treatment facility.
(b) "Severe property damage" means substantial
physical damage to property, damage to the treatment facilities
which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in
production.
(2) A user may allow any bypass to occur which does not
cause pretreatment standards or requirements to be violated, but
only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provision of
paragraphs (C) and (D) of this section.
(3) (a) If a user knows in advance of the need for a
bypass, it shall submit prior notice to the Control Authority, at
least ten (10) business days before the date of the bypass, if
possible.
(b) A user shall submit oral notice to the Control
Authority of an unanticipated bypass that exceeds applicable
pretreatment standards as soon as possible but no later than twenty
four (24) hours from the time it becomes aware of the bypass. A
written submission shall also be provided within five (5) business
days of the time the user becomes aware of the bypass. The
written submission shall contain a description of the bypass and its
cause; the duration of the bypass, including exact dates and times,
and, if the bypass has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the bypass. The Control
Authority may waive the written report on a case -by -case basis if
the oral report has been received within twenty-four (24) hours.
(4) (a) Bypass is prohibited, and the Control Authority
may take an enforcement action against a user for a bypass, unless
(i) Bypass was unavoidable to
prevent loss of life, personal injury, or severe
property damage;
30
(ii) There were no feasible
alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of
equipment downtime. This condition is not satisfied
if adequate back-up equipment should have been
installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during
normal periods of equipment downtime or
preventive maintenance; and
(iii) The user submitted notices as
required under paragraph (3) of this section.
(b) The Control Authority may approve an
anticipated bypass, after considering its adverse effects, if the
Control Authority determines that it will meet the three conditions
listed in paragraph (4)(a) of this section.
§51.086. MISCELLANEOUS PROVISIONS.
(A) PRETREATMENT CHARGES AND FEES. The Control
Authority may adopt reasonable fees for reimbursement of the costs of
development and administration of the Control Authority's Pretreatment Program
which may include:
(1) Fees for wastewater discharge permit applications including the
cost of processing such applications;
(2) Fees for monitoring, inspection, and surveillance procedures
including the cost of collection and analyzing a user's discharge, and reviewing
monitoring reports submitted by users;
(3) Fees for reviewing and responding to accidental discharge
procedures and construction;
(4) Fees for filing appeals; and
(5) Other fees as the Control Authority may deem necessary to
carry out the requirements contained herein. These fees relate solely to the
matters covered by this Subchapter and are separate from all other fees, fines, and
penalties chargeable by the Control Authority.
(B) SEVERABILITY. If any provision of this Subchapter is
invalidated by any court of competent jurisdiction, the remaining provisions shall
not be affected and shall continue in full force and effect.
(C) CONFLICTS. All other ordinances and parts of other ordinances
inconsistent or conflicting with any part of this Subchapter, are hereby repealed
to the extent of the inconsistency or conflict.
§51.087_ SURCHARGE.
(A) Any significant industrial user generating discharge which exhibits
31
none of the characteristics of wastes prohibited in §51.075 but which has an
average concentration of total suspended solids (TSS) or biochemical oxygen
demand (BOD) in excess of 300 mg/1 during a 24-hour period, may be required
to obtain a discharge permit. Such discharge may, however, be accepted by the
POTW for treatment if :
(1) The user agrees to payment of a surcharge over and above
published sewer rates, as provided herein; and
(2) The discharge is amenable to treatment such that when it leaves
the sewage treatment plant to be discharged, the discharge does not exceed or
cause the total discharge to exceed the standards set by Federal and state agencies
having jurisdiction.
(B) Prior to imposition of a surcharge, the user shall be notified in
writing that the discharge exceeds the maximum limits as established in this
subchapter.
(C) If, after sixty (60) days have elapsed from the date of notice, the
quality of the waste has not been brought within the maximum allowable limits,
the user must enter into a surcharge agreement with the City.
(D) The surcharge will be adjusted on billings for the month following
submission of new data but not less frequently than quarterly.
(E) Biochemical oxygen demand (BOD) and total suspended solids (TSS)
values will be determined for standard values established by the Control Authority
for various industries having normal pretreatment facilities for that industry. The
Control Authority shall sample the discharge from a user to determine accurate
values of BOD and TSS being discharged for the purpose of determining a
surcharge. Analysis performed by a user shall be under the direction of the
control authority and performed by an approved qualified laboratory. Reports
submitted to the Control Authority shall contain a statement that the samples
collected and values determined are based on a 24-hour composite representative
of the user's flow.
(F)
All sampling and analyses
of the waste
characteristics shall be
performed
in accordance with 40 C.F.R.
136 approved
methods.
(G) The volume of flow used in computing surcharge shall be based upon
metered water consumption as shown in the records of meter readings maintained
by the City's business office. In the event that a person discharging waste into
the City sanitary sewer system produces evidence to the Control Authority
demonstrating that a portion of the total amount of water used for all purposes is
not discharged into the POTW, a separate meter or meters or other approved flow
measuring device may be installed at the user's expense, upon his request, to
measure only that portion of the total flow being discharged into the City sewer
system. If a surcharge is assessed by the City, it shall be shown separately on the
monthly billing.
32
(H) Any person discharging industrial waste into the sanitary sewers of
the City who procures any part or all of the user's water supply from sources
other than the City, all or part of which is discharged into the sanitary sewer,
shall install and maintain at the user's expense water meters of the type approved
by the City for the purpose of determining the proper volume of flow to be used
in computing sewer service charges. Such meter will be read monthly and tested
for accuracy when deemed necessary by the City. Where it can be shown that a
portion of the water measured by the aforesaid meter or meters does not enter the
sanitary sewer system of the City, then the user may install additional approved
meters at user's expense in such a manner as to measure the quantity of water
actually entering the sanitary sewer system from the premises of such user, and
the quantity of water used to determine the sewer service charge and surcharge
shall be the quantity of water actually entering the sewage system as so
determined.
(I) Computation of surcharge shall be based on the following:
S = V * 8.34 * [X (BOD - 300) + Y (TSS - 300)]
where as,
S = Surcharge in dollars for the billing period
V = Water consumption in millions of gallons during the billing period
8.34 = Weight of water in pounds per gallon
X = Unit charge in dollars per pound for BOD in effect at the time of the billing
Y = Unit charge in dollars per pound for TSS in effect at the time of the billing
BOD = concentration of biochemical oxygen demand in milligrams per liter
TSS = concentration of total suspended solids in milligrams per liter
300 = normal BOD and TSS in milligrams per liter
(J) The Control Authority reserves the right to review and approve any
waters or industrial waste entering the City's sewer system or proposed to be
discharged into the system having an average daily flow greater than ten (10)
percent of the design flow capacity of the plant which will treat the waste. In the
event the City's measurement discloses such flow in excess of such capacity, the
City shall be under no obligation to receive such flow in excess of ten (10)
percent of designed capacity and the City's published rate shall not apply to such
excess. An owner affected hereby shall be promptly notified of such
determination by the Control Authority. A special contract, at the City's option,
may be made with the user to accommodate such excess flow.
33
r
ORDINANCE NO. 3965
AN ORDINANCE REPEALING
CHAPTER 51: WATER AND
SEWER, SUBCHAPTER: DIS-
CHARGE AND PRETREAT-
MENT REGULATIONS, SEC-
TIONS 51.070 THROUGH
51.089. OF THE CODE OF
FAYETTEVILLE: AND ADOPT-
ING THE DISCHARGE AND
PRETREATMENT CODE FOR
THE CITY OF FAYETTEVILLE.
WHEREAS, A.C.A. §14-55-
207 authorizes a municipality
to adopt by reference techni-
cal codes or regulations with-
out setting forth the provisions
of the code; and,
WHEREAS, three copies
thereof are filed in the office
of the City Clerk for inspec-
tion and view by the public
Prior to the passage of said
ordinance; and.
WHEREAS, notice to the
public by publication in a pa-
per of general circulation
within Fayetteville has been
given stating that the copies
of the Discharge and Pretreat-
ment Code are open to public
inspection prior to the pas-
sage of this ordinance adopt-
ing said code.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY
OF FAYETTEVILLE,
ARKANSAS:
Section 1. That Chapter 51:
Water and Sewer, Subchapter:
Discharge and Pretreatment
Regulations, Section 51.070
through 51.089. of the Code of
Fayetteville, is hereby re-
pealed.
Secticin 2. That the Discharge
and Pretreatment Code at-
tached hereto as Exhibit 'A'
and made a part hereof is
hereby adopted by reference.
Section 3. Said Discharge
and Pretreatment Code shall
be codified in substantially
the same form as shown in the
attached Exhibit W.
Section 4. Should any para-
graph, section, clause, phrase
or part of said Discharge and
Pretreatment Code, for any
reason, be held invalid, such
invalidity shall not affect the
validity of the remaining pro-
visions of said Discharge and
Pretreatment Code and the
application of those provision
to any person or circumstance
shall not be affected thereby.
PASSED AND AP.
PROVED this 7th day of May,
1998.
APPROVED:
By: Fred Hanna, Mayor
ATTEST:
By: Traci Paul, City Clerk
RECEIVEu
STATECIFARKANSAS Jul 10490
sa. ANANGE. DEPT.
County of Washington
1, 26p2d44 C_n Q dt hereby cer-
tify that I am the publisher J THE NORTHWEST ARKANSAS TIMES, a daily
newspaper having a second class mailing privilege, and being not less than four pages of
five columns each, published at a fixed place of business and at a fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for more than
a period of twelve months, circulated and distributed from an established place of business
to subscribers and readers generally of allclasses in the City and County fora definite price
for each copy, or a fixed price per annual which price was fixed at what is considered the
value of the publication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
newspaper or its agents or through recognized news dealers over a period of at least six
months; and that the said newspaper publishes an average of more than forty percent news
matter.
I further certify that the legal notice hereto attached in the matter of
AS20 rrm M e d J a 394vS
was published in'llte regular daily issue of said newspaper for /
consecutive insertions as follows:
The first insertion on thep.r-i / J dayof 1994P
the second insertion on the day of 19
the third insertion on the day of 19
and the fourth insertion on the day of 19
jw4�
Publisher / eral Manager
Sworn to and subscribed before me on this 02I.Q day of
all 19 91a
et e
14,
Notary pablic, State of Arkansat e as ,Notary Public
My Commission Exptres: Washington County 1
My Commission Expires 07J27105 i
u r r ttCC(CCCCCC4c
Fees for Printing $ 7 /• do
Cost of Proof $
Total 9900