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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 Section 2 That §51 .074, Approval Authority, of the Code of Fayetteville is hereby repealed and the following shall be inserted in its stead: Approval Authority.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 That §51 .075(D) of the Code of Fayetteville is hereby repealed and the following shall be inserted in its stead: §51 .075 (D).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 That §51 .078 (E) of the Code of Fayetteville is hereby repealed and the following shall be inserted in its stead: §51 .078 (E) Wastewater Discharge Permit Transfer.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 ' .»>«cccc cu cc cc tact cccc ccc acccccccC Feesfor Printing .... ..... .. .... ... .. .... .. . ..... ... .. . ..... ....$ Cost of Proof. .. ... ......... .. ....... ..... ........ ....... .... .....$ Total. ... .. ... ..... .... .. . .. ... . ..... .. . .. ... .... .... ....... ... ....... .$