HomeMy WebLinkAboutOrdinance 4088 ORDINANCE NO. 4 0 8 8
AN ORDINANCE AMENDING CHAPTER 51 : WATER AND
SEWER, OF THE CODE OF FAYETTEVILLE, TO FURTHER
SET FORTH THE PURPOSE; REDEFINE APPROVAL
AUTHORITY; ADJUST THE LOCAL LIMITS; PROVIDE FOR
TRANSFER OF A WASTEWATER DISCHARGE PERMIT;
ALLOW AN AGREEMENT OR PERMIT WITH USERS IN
ANOTHER JURISDICTION; AMEND THE DAYS TO SUBMIT A
PROGRESS REPORT; CLARIFY A VIOLATION OF THE
PRETREATMENT EFFLUENT LIMIT; AND MISCELLANEOUS
CLERICAL CHANGES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS :
Section 1 . That §51 .070 of the Code of Fayetteville is hereby amended to add the
following:
§51 .070 Purpose.
(8). To encourage pollution prevention through waste
minimization, source reduction and reuse practices.
Section 2 That §51 .074, Approval Authority, of the Code of Fayetteville is hereby
repealed and the following shall be inserted in its stead:
Approval Authority. Arkansas Department of Pollution Control
and Ecology.
Section3. That §51 .075(D) of the Code of Fayetteville is hereby repealed and the
following shall be inserted in its stead:
§51 .075
(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/l arsenic
0.02 mg/1 cadmium
0.48 mg/l chromium
0.23 mg/l copper
0.01 mg/1 cyanide
Page 2
Ordinance No. 4 0 8 8
0. 15 mg/llead
0.0002 mg/1 mercury
0.20 mg/1 nickel
1 .23 mg/1 silver
1 .52 mg/1 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.
Section4. That §51 .078 (E) of the Code of Fayetteville is hereby repealed and the
following shall be inserted in its stead:
§51 .078
(E) Wastewater Discharge Permit Transfer. Wastewater
discharge permits may be transferred to a new owner or operator if
the permittee gives at least seven (7) days advance notice to the
Control Authority and the Control Authority approves the wastewater
discharge permit transfer. The notice to the Control Authority must
include a written certification by the new owner or operator which:
(1) States that the new owner and/or operator has no
immediate intent to change the facility's operations and processes;
(2) Identifies the specific date on which the transfer
is to occur; and
(3) Acknowledges full responsibility for complying
with the existing wastewater discharge permit.
Failure to provide notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
Section 5 . That §51 .078 (IT)( 1 ) of the Code of Fayetteville is hereby repealed and the
following shall be inserted in its stead:
Page 3
Ordinance No. 4088
§51 .078
(H)(1) If another jurisdiction, or user located within another
jurisdiction, contributes wastewater to the POTW, the Control
Authority shall enter into an interjurisdictional agreement with the
contributing jurisdiction; enter into an agreement with, or permit,
users located in another jurisdiction; or both. Certain hauled
wasterwater may be exempted from the requirements of this
paragraph with specific authorization by the Control Authority.
Section 6. That §51 .079 (B)(3) of the Code of Fayetteville is hereby repealed and the
following shall be inserted in its stead:
§51 .079
(B)(3) The user shall submit a progress report to the Control
Authority not later than fourteen (14) days following each date in the
schedule and the final date of compliance including, as a minimum,
whether or not it complied with the increment of progress, the reason
for any delay, and, if appropriate, the steps being taken by the user
to return to the established schedule; and
Section 7• That §51 .085 (B) of the Code of Fayetteville is hereby repealed and the following
shall be inserted in its stead:
§51 .085
(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)(c) 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:
(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.
Page 4
Ordinance No. 4 0 8 8
Section R. That §51 .082(C) of the Code of Fayetteville is hereby repealed and the following
shall be inserted in its stead:
§51 .082
(C) Any other violation of a pretreatment effluent limit (daily
maximum or longer-term average) that the Control Authority
determines has caused, alone or in combination with other discharges,
interference or pass through including endangering the health of City
or POTW personnel or the general public;
PASSED AND APPROVED this _72 day ofnn • l 1998.
APPROVEDUlaw, /
By:
Fred Hanna, Mayor
ATTEST:
By:
Heather Woodruff, City Jerk
`k .,% o40
,
., ��, :� ^^�• 1.
I'1 -'
ORDINANCE NO. 4088 the Co _4. That §51lle is h) of /p/ �
the Code of Fayetteville is here- � (,�7/l�(/�Q' o r^�
AN ORDINANCE AMENDING by repealed and the following O 97V
eNAPTER 51 : WATER AND shall be interested in its stead: �• - _ ► `/
SEWER, OF THE CODE OF
FAYETTEVILLE, TO FUR- §51 .078 MICROFILM,ER SET FORTH THE PUR-
OSE; REDEFINE APPROVAL Pe Wastewater Dlstewat r STATE OF ARKANSAS
AUTHORITY; ADJUST THE Permit Transfer. Wastewater
discharge permits me be l
LOCAL LIMITS; PROVIDE g o y I SS
FOR TRANSFER OF A transferred to a new owner or
W{,STE WATER DISCHARGE operator it the permittee gives County of Washington
AtE MIT; ALLOW AN AGREE- at least seven (7) days advance
Ij1ENT OR PERMIT WITH notice to the Control Authority
USERS IN ANOTHER JURIS- and the Control Authority ap-
D CTION; AMEND THE DAYS proves the wastewater dis- I, RANDALL COPE, hereby certify that I am the publisher of THE
TTQQ MIT A PROGRESS charge permit transfer. The no-
SUB NORTHWEST ARKANSAS TIMES, a daily newspaper having a second
E1EP,ORTT CLARIFY A VIOLA- mu of the Control Authority y P� g
ION•OF THE PRETREAT- mustythenea owner or
class mailing privilege, and being not less than four pages of five
ENT EFFLUENT LIMIT; AND eon by the new owner or opera- Columns each, published at a fixed lace of business and at fixed (daily)
MISCELLANEOUS CLERICAL tar which: P P y)
CHANGES. (1 ) States that the new owner intervals continuously in the City of Fayetteville, County of Washington,
andlor operator has no immedi-
BE IT ORDAINED BY THE ate intent to change the facili• Arkansas for more than a period of twelve months, circulated and
-0m COUNCIL OF THE'CITY (2) o mil es the specific
date
distributed from an established place of business to subscribers and
OF FAYETTEVILLE, ARKAN- on which the transfer is to oc. readers generally of all Classes in the City and County for a definite price
SAS: cur; and for each copy, or a fixed price per annum, which price was fixed at what
Section 1 . that §51 .070 of the (3) Acknowledges full or cresponsi-
Code of Fayetteville is hereby bility for with the ex- Is Considered the value Of the publication, based upon the news value
amended to add the following: (sting wastewater dischargepennitand service value it contains, that at least fiftypercent of the subscribers
Failure
thereto have paid for their subscriptions to thewspaper or its agents
§51.070 Purpose Failure tr provided notice of a or through recognized news dealers over a period of at least six months
(8) To encourage pollution pre- transfer renders the wastewater
'vention through waste minimi- discharge permit void as of the and that the said newspaper publishes an average of more than forty
zation, source reduction and re- date of facility transfer.
percent news matter.
use practices. wry That §51.078 (H)(1)
Section 2. that §51.074, Appro- of the Code of Fayetteville is
val Authority, of the Code of hereby repealed and the follow-
Fayetteville is hereby repeated ing shall be inserted in its I further ce ify that the legal notice attached in the matter of
and the following shall be in- stead:
seretl in its stead:
§51 .078 SG (�•(—/ ('
Approval Authority. Arkansas /
Department of Pollution Control (H)(1) It another jurisdiction, or
and Ecology. used located within another iu- was published in the regular daily issue of said newspaper for
risdiction contributes wastewa- Consecutive Insertions as follows:
Section 3 that §51 .075(d) of ter to the POTW, the Control
the Cade of Fayetteville is here. Authority shall enter into an in-
by repealed and the following terjurisdictional agreement with The first insertion on the n7(n /•�//',,1/�� 1
shall be inserted in its stead: the contributing jurisdiction; en. day 01 19
ter into an agreement with, or
§51.075 permit, users located in another the second insertion on the
jurisdiction: or both. Certain day Of 19
(D). Local Limits. The follow- hauled wastewater may be ex-
ing pollutant limits are estab- empted from the requirements
lished to protect against pass of this paragraph with specific the third insertion On the day of 19
through and interference. No authorization by the Control Au-
person shall discharge waste- thonty. and the fourth Insertion Ort the
water containing in excess of day Of 19
the following instantaneous Section e. That §51.079 (B)(3)
maximum allowable discharge of the Code of Fayetteville is
limits except by permit from the hereby repealed and the follow-
Control Authority ing shall be inserted in its
stead: A�IV
0.ee mgr arsenic P blisher / a Brad Manager
0.02 mgr cadmium §51.079
0.48 mgrs chromium
0.23 mg/1 copper (B)(3) The user shall submit a
0.01 mg/1 cyanide progress report to the Control SWOm to and subscribe before me on this
0.15 mg/1 lead Authority no later than fourteen day of
0.0002 mgnl mercury (14) days following each date in 1 Q
0.20 mg/1 nickel the schedule and the final date
1.23 mg/1 silver of compliance including, as a
1.52 mg/1 zinc minimum, whether or not it
complied with the increment of
The above limits apply at the progress, the reason for any � � AeeL"�
point where the wastewater is delay, and, if appropriate, the r t /
discham to the POTW. All con. steps being taken by the user
centrations for metallic substan- to return to the established r Notary Public, Staicof Arkansas ;QJotary Public
ces are for "total' metal unless schedule; and r
indicated otherwise. The Con. My Commission Expires: Washington County rS
but Authority may impose mass Section 7. That §51 .085 (B) of SlIt3 EOnnniSsionz.;it(1ItLSf}jPx'r�'S-+Z
limitation in addition to, or in the Code of Fayetteville is here- (4([(tt(t(((((44((((t[ft((C((((((C1C
place of, the concentration by repealed and the following
based limitation above. shall be inserted in its stead:
The City may revise it modify Fees for Printing $
the local limits re required, di if §51 .085 .... ....... .... ......... ... ..... ..... ...... . ...
doomed necessary to comply
with the objectives presented in
§51 .070 of the Subchapter or COSI 01 Proof. .. ......... ... ...... .. ...... .. ....... ........ ... .. ..$
the general and specific prohib-
ition in §51.075(8) of this Sub-
Total.... .. ........ .... .. ......... ... .. ....... ..... ... ..... ... ........ .$
chapter, or to insure compli-
ance with Federal, State, or lo-
cal law.
STATE OF ARKANSAS
SS.
County of Washington
I, RANDALL COPE, hereby certify that I am the publisher of THE
(B) Prohibited Discharge NORTHWEST ARKANSAS TIMES, a daily newspaper having a second
Standards. A ewer atoll neve
an affirmative defense to an en-
class mailing privilege, and being not less than four pages of five
forcement action brought columns each, published at a fixed place of business and at fixed (daily)
against it for noncompliance
with the prohibitions in §51 .075 intervals continuous) In the City of Fayetteville, County of Washington,
(B)(1) of this Subchapter or the Arkansas for more than a period of twelve months, circulated and
specific prohibition in distributed from an established lace of business to subscribers and
§51 .075(B)(2)(c) through (r), p
except for §51.075(13)(2)(h), it it readers generally of all classes in the City and County for a definite price
can prove that it did not know,
or have reason to know• that its for each copy, or a fixed price per annum, which price was fixed at what
discharge, alone or in conjunc- is considered the value of the publication, based upon the news value
tion with discharges from other
sources. would cause pass and service value it contains, that at least fifty percent of the subscribers
Through or interference and that
either: thereto have paid for their subscriptions to the newspaper or its agents
(1) A local limit exist for each or through recognized news dealers over a period of at least six months
pollutant discharged ce the and that the said newspaper publishes an average of more than fort
user was in compliance with p� p � y
each limit directly prior to. and percent news matter.
during, the pass through orin-
terference: or
(2) No local limit exist, but the
dischargedid not change sub
stantiallyin nature or constitu. I further certify 1 at the legal notice attached in the matter of
lly
ents ho the user's prior or- �D /�, r-y
charge when the control author-
fly
uthhor- I7/OV
fly was regularly in compliance 12
with its NPDES permit, and in /
the case of interference, was in
compliance with applicable was published in the regular daily issue of said newspaper for
sludge use or disposal require- Consecutive Insertions as fol ws:
mens.
Secugn.e. That §51 .082(C) of The first insertion on the ' Sday of 19
the Code of Fayetteville is here-
by repeated and the following
shall be Inserted in its stead: the second insertion on the day of 19 —
§51.082
(c) Any other violation of a pre- the third insertion on the day of 19
treatment effluent limit (daily
maximum or longer-term aver- and the fourth Insertion on the da o1 19
age) that the ControlAuthorityy —
determines has caused, alone
or in combination with other dis-
charges. inlerference or pass
through including endangering
he health of City or POTW per-
sonnel or the general public; Ptiffisher / Ge ral Manager
PASSED AND APPROVED
this 7th day of April, 1998.
APPROVED:
Swornto and subscribed before me on this day of
By: Fred Hanna, Mayor
ATTEST:
By: Heather Woodruff, City
Clerk
_ >; Catherine Sall Notary Public
My Commission Expire, Nnrnry Pnhtir S1a
Washington County
My Commission Expires 02127105 '
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Feesfor Printing .... ..... .. .... ... .. .... .. . ..... ... .. . ..... ....$
Cost of Proof. .. ... ......... .. ....... ..... ........ ....... .... .....$
Total. ... .. ... ..... .... .. . .. ... . ..... .. . .. ... .... .... ....... ... ....... .$