HomeMy WebLinkAbout2013-02-12 - Agendas WATER/SEWER/SOLID WASTE COMMITTEE AGENDA
TRMW—li le MEETING DATE OF FEBRUARY 12, 2013
THE CITYOF FAYETTEVILLE,ARKANSAS
ARKANSAS
Committee: Chairman Mark Kinion; Aldermen Sarah Marsh, Martin Schoppmeyer, Alan Long
Copy to: Mayor Lioneld Jordan; Sondra Smith, Don Marr, Paul Becker, Lindsley Smith, Jeremy Pate, Chris
Brown, Lynn Hyke, Shannon Jones, Peggy Bell, Tim Nyander, CH2M Hill, Allison Huskey
From: David Jurgens, P. E., Utilities Director
A Fayetteville Water, Sewer and Solid Waste Committee meeting will be held on February 12, 2013, 5:15
PM, following the City Council Agenda Session, in room 326, Fayetteville City Hall. Proposed topics include:
Acienda Items Requiring Committee Approval
1. Solid Waste Ordinance Amendments to Sections 50.01 Definitions, 50.20 Service Requirements, and
50.40 Rates for Service of Chapter 50: Garbage and Trash of the Code of Fayetteville, is attached. The
current ordinance combines classes of services that may be collected with different collection methods, or
requested to be designed differently than the ordinance defines the service/rates. Additionally the current
ordinance refers to a position (Operations Manager) that no longer exists within the City Organizational
Structure, and restricts the Division manager's ability to designate a class of service (Residential vs.
Commercial) that currently is defined within the ordinance definitions —even though the City currently
evaluates certain criteria such as: space allowances, street frontage, etc to determine the collection method
best used for certain tri- & quad-plex locations. Lastly, the ordinance does not properly designate a multi-
family per unit price that was established by the rate study in 1992 and enacted in prior ordinances dating back
to 1999. This ordinance amendment is to update the ordinance and address these issues. Staff requests
this be forwarded to the City Council.
2. Easement to Ozarks Electric Cooperative is in the initial stages of upgrading one of their electric lines
near the Noland WWTF, is attached. The aging electrical infrastructure in this area has reached its acceptable
service life and needs to be replaced. Their project to rebuild the line will provide more reliable service to the
area as well as allow Ozarks Electric to accommodate additional load. Design requirements have changed
since the line was constructed and two areas have been flagged as needing additional easement(attached) to
install guy wires to support poles. They are located approximately half a mile south of Noland WWTF facility
and are on City property. Ozarks Electric has an existing 100' easement centered on their existing electrical
line. These power lines provide electricity to the Noland WWTF as well as other area customers. It is in the
City's best interest to have fully reliable power to this site. Their design requirements have changed
significantly since the existing lines were installed in 1968 when the first WWTF was constructed on this site.
The new design criteria require a different guy wire arrangement than applied for the existing lines, and thus
the guy wires will be outside the existing easement at two locations. The two areas contain 0.08 and 0.06
acres. Granting this easement has no negative impact on City operations at these locations. Staff requests
this be forwarded to the City Council.
Agenda Items for Committee Information
3. Ca ital Pro ect U date
Contract Description Contractor Cost Complete
CIPP 2013 Swr Rehab-Cured in Place Pipe City Wide Insituform $ 330,000 0%
265 W/S Relocation &36"Wtr Line, Hwy 265 Gamey Const $ 4,989,135 100.0%
Hwy 16 Hwy 16 Water/Sewer Relocations Edwards Const $ 1,589,482 80%
Hwy 112 Garland Ave Water/Sewer Relocations Goodwin &Goodwin $ 1,5757497 100.0%
7—
Hwy 265 N Hwy 265 North Water/Sewer Relocations Seven Valles Const $ 1,368,379 65.1%
Compost Solid Waste Compost Slab, Phase 1 Benchmark Const $ 407,560 100.0%
Com ost Solid Waste Compost Slab, Phase 2 Benchmark Const $ 335,230 99%
Elkins Grav Elkins Gravity Sewer Outfall Line Rosetta Const 1 $ 692,223 1 100.0%
Project is substantially complete, meaning the work can be used to execute its mission.
W-S-SW CommittmAgenda 12Feb 13
Water,Sewer and Solid Waste Committee Agenda Page 1 of 29
WATER/SEWER/SOLID WASTE COMMITTEE AGENDA
MEETING DATE OF FEBRUARY 12, 2013
4. Amendment 7 with Environmental Consultina Operations. Inc. to the engineering contract for 2013
wetlands mitigation site regulatory, management, and environmental issues for $33,870, is attached. ECO,
Inc. developed the wetlands and storm water protection best management plans and conducted excellent
construction inspection for the WSIP, and was tasked to ensure full compliance with the related regulations
and permits. ECO also designed the wetlands mitigation site that was required by the Corps of Engineers,
which has a mandated seven year monitoring and reporting period. The intent from the beginning of the WSIP
process has been to execute the wetlands monitoring change order annually, as the work load changes with
time. The Corps of Engineers permit requires a seven year monitoring period which ends in 2013. Funding for
these succeeding years comes from the Wastewater Treatment Operations program.
This amendment covers these work tasks for 2013:
(1)Wetlands site management including development and implementation of a strategy for specific
controls of invasive species via coordination and scheduling of hydrology, herbicide applications, and
prescribed burning.
(2)Wetlands monitoring and Corps of Engineers compliance for 2013, including monitoring services to
maintain cumulative plant species lists, evaluations of seasonal hydrology and associated plant communities,
and identification of stands of invasive plant species to be controlled.
(3) Mitigation Bank Status Preliminary Process including conferrals with the Corps of Engineers to get
the City of Fayetteville's Wetland Mitigation Site, known as Woolsey Wet Prairie Sanctuary (WWPS), entered
into the Regulatory In lieu fee and Bank Information Tracking System (RIBITS), a recently developed tracking
list of information on mitigation and conservation banking and in-lieu fee programs across the country. The
primary objective would be to get WWPS entered into this mitigation bank system so that parties needing to
purchase wetland credits are aware that the City of Fayetteville has 96 wetland credits for sale. In achieving
this, the city's 96 surplus credits would be listed on the Corps Little Rock District website within the RIBITS
hyperlink. ECO's scope will also include a concurrent preliminary evaluation of expanding WWPS into a larger
wetland mitigation bank on adjacent city-owned property, upon the sale of the surplus credits, under the
"Streamlined Review Process".
5. Wetlands Discussion The Woolsey Wet Prairie (draft master plan aerial attached) has excellent potential in
a number of ways. Originally built to mitigate wetlands damaged or destroyed as a result of the construction of
the West Side Wastewater Treatment Facility and the pipes and pump stations that deliver the water to the WS
WWTF, it blossomed into a much higher quality wetlands than we ever imagined. As a bird and wildlife area, it
is unmatched in Northwest Arkansas, with minimal effort. For several years, the intent has been to perform
several actions at this site:
• Sell the excess wetlands credits, reserving some for City needs
• Expand the wetlands bank as shown on the attached aerial to encompass the remainder of the
northern half of the WWTF land using revenues from credit sales and $350,000 in an already approved
capital improvements project; and
• Overlay a nature park on the wetlands, to maximize public benefit while protecting the diverse wildlife —
both plants and animals—that are found at the location.
6. Prescribed Burn specifications for Woolsey Wet Prairie, Lake Fayetteville Dam, and Lake Fayetteville
Prairie Area have been distributed and are accepting bids. Part of approved optimized vegetation
management, the controlled burns are for vegetation management, specifically to keep undesirable plants from
going to seed. The burns are expected to commence as weather permits some time between mid-March to
mid-April.
7. Noland WWTF NPDES Discharne Permit has been finalized and published by ADEQ. A summary fact
sheet is attached with highlights and impacts of details and changes.
• Effective March 1, 2013— February 28, 2018
• Based on 11.2 million gallons per day(mgd) flow (same as last permit); states WWTF design flow of
12.6 mgd
• Requires the City update and submit its sewer use ordinance by February 28, 2014.
W-S-SW CommitteeAgenda 12Feb13
Water,Sewer and Solid Waste Committee Agenda Page 2 of 29
WATER/SEWER/SOLID WASTE COMMITTEE AGENDA
MEETING DATE OF FEBRUARY 12, 2013
• Added interim minerals limits effective March 1, 2013—January 31, 2018. These limits match the
recommended limits from the City of Fayetteville's draft Use Attainability Analysis (UAA).
o Chloride 60 parts per million (ppm) or milligrams per liter(mg/I)
o Sulfate 100 ppm or mg/I
o Total Dissolved Solids 440 ppm or mg/I
• Added final minerals limits effective February 1, 2018— February 28, 2018.
o Chloride 20 ppm or mg/I
o Sulfate 20 ppm or mg/I
o Total Dissolved Solids 160 ppm or mg/I
• Maintained the 1.0 ppm limit for total phosphorus
• Acknowledges that the UAA process is underway
8. White River Use Attainability Analysis initial report was submitted to the Arkansas Department of
Environmental Quality(ADEQ)August 27, with a courtesy copy provided to Beaver Water District. The report
identifies that all current designated uses for the White River and Beaver are fully attained, and will continue to
be attainable with site specific minerals criteria proposed in the study, shown below. These proposed criteria
changes would only apply to a specific reach of the White River; there are no proposed changes to any Beaver
Lake criteria. ADEQ comments were received October 22, the City's team responded November 21. Staff will
be me tinq with ADEQ within the next six weeks to resolve questions.
Summary of Existing and Proposed Site-Specific Minerals Criteria for the White River
Mineral Existing Criteria Proposed UAA Criteria Drinking Water Standards
Chloride 20 60 250
Sulfate 20 100 250
TDS 160 440 500
9. Illinois River Phosphorus Evaluation process is continuing, with EPA developing a Total Maximum Daily
Load (TMDL) study for the basin. USEPA hosted a public information session at the Jones Center in
Springdale November 8, providing a project update. The current timeline is below. The intergovernmental
working group, which consists of the four largest Northwest Arkansas Cities and both counties, hired Wright
Water Engineering to overwatch this portion of the EPA work to ensure the data and assumptions that go into
the model are valid. Simultaneously, conversation between Arkansas, Oklahoma, and EPA Region 6
representatives at ADEQ and ANRC Director level continues.
• Model Calibration Jan/Feb 2013
• Baseline load modeling February/March 2013
• Sensitivity/uncertainty analysis March/April 2013
• Peer review April 2013
• P load reduction scenarios modeling April 2013
• Draft TMDL May 2013
• Public meetings summer 2013
• Final TMDL Fall 2013
10. Water/Sewer/Solid Waste Committee Meets next on Tuesday, March 12, 2013, 5:15 p.m., room 326.
Attachments: 1 Solid Waste Ordinance Amendments
2 Easement to Ozarks Electric Cooperative
4 Amendment 7 with Environmental Consulting Operations, Inc.
5 Wetlands Master Plan and Expansion Aerial Photos
7 Noland WWTF NPDES Discharge Permit Fact Sheet
W-S-SW CommitteeAgenda 12Feb13
Water,Sewer and Solid Waste Committee Agenda Page 3 of 29
• CITY COUNCIL AGENDA MEMO
Tame e � le MEETtNG IY1 gf�nJ!OTfEsh
THE CITY OF FAYETTEVILLE,ARKANSAS
AFKAN5A5
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Fayetteville Water and Sewer Committee
From: Don Marr,Chief of Staff
Date: February6, 2013
Subject: Approval Amending Sections 50.01 Definitions, 50.20 Service Requirements and 50.40 Rates for
Service of Chapter 50: Garbage and Trash of the Code of Fayetteville
RECOMMENDATION
City Administration recommends approval of an ordinance Amending Sections 50.01 Definitions, 50.20 Service
Requirements and 50.40 Rates for Service of Chapter 50: Garbage and Trash of the Code of Fayetteville
BACKGROUND
The current ordinance combines classes of services that are may be collected with different collection methods,
or requested to be designed differently than the ordinance defines the service/rates. Additionally the current
ordinance refers to a position(Operations Manager)that no longer exist within the City Organizational
Structure, and restricts the Division manager's ability to designate a class of service (Residential vs.
Commercial)that currently is defined within the ordinance definitions—even though the City currently
evaluates certain criteria such as: space allowances, street frontage, etc to determine the collection method best
used for certain tri &quad plex locations. Lastly, the Ordinance does not properly designate a multi-family per
unit price that was established by rate study in 1992 and enacted in prior ordinances dating back to 1999. This
ordinance amendment is to update the ordinance to address these issues.
DISCUSSION
1. Monthly residential rates are set by Ordinance are as shown below. These rates will remain unchanged.
Residents receive trash,recycling, and yardwaste collection included with the monthly rate.
32 gallon cart- $ 9.07
64 gallon cart - $ 13.85
96 gallon cart- $ 19.66
However,the multi-family per unit rate of 9.25/per unit needs to be identified within the rates section of the
ordinance per the 1992 rates study. This is currently used for billing purposes and needs to be specifically
identified for the service class offered.
2. The Division Manager of the Solid Waste Division is often asked to class a type of collection service from
Residential(Cart/Recycling) collection to Commercial (dumpster/dump frequency) as well as a multi-family
unit(often tri-plex or quad-plex)where the ordinance designates the class of service as commercial and the
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701
Ordinance Revision 02-19-13 Multi-Family&definitions
Water,Sewer and Solid Waste Committee Agenda Page 4 of 29
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Amend Chaplar 50 Garbage and Trash
request is that it be serviced with residential cart service. This ordinance amendment allows the Director of
Solid Waste and Recycling to evaluate the situation and make a determination of Classification based on certain
criteria. This criteria is outlined in 50.20 Section D(highlighted here)
Determinina Classification of Reauired Service. Certain properties have mixed-uses or otherwise
have certain specific conditions, lease agreements between the landlord and tenant, land ownership
arrangements, geography, topography, street layout, private drive conditions, access and/or general
layout of structures or individual units, or number thereof, particularly multi-family residential
buildings, or cottage developments, or a combination of any of the above, which make the provision
of the service the property would otherwise qualify for impossible or impractical to provide. In such
circumstances, the Operations Director shall make an objective determination, based on the above
listed factors and other factors which directly bear on the provision of solid waste and recycling
service, as to whether a particular customer must be served by commercial service, residential single-
family/duplex service or residential multi-family service.
Solid Waste and Recycling Service Definitions have been broken out to more clearly delineate the services
provided. There are no changes in the Residential/Single Family rates or service offerings. The newly defined
Residential Multi-Family Services also remain the same as currently provided. These services are Weekly
Trash pick-up;Recycling service can be added for$0.95 per unit per month which is not a change in service or
rates,No Yard Waste and No Bulky Waste Services are provided to Residential Multi-Family Classifications—
also not a change from the current ordinance). The Residential Multi-Family rate was established using the
1992 rate study and first charged as a rate beginning in ordinance 3993 in 1999. A rate of 9.25/per unit per
month unless the owner of the multi-family complex requests a greater number of containers or more frequent
service weekly than the minimum required service as determined by the Division Manager of Solid Waste&
Recycling. When request for greater volume/frequency of service by an owner is made,rates shall be
determined by the prevailing commercial service rate, When this service is paid by the tenant a unit rate is then
calculated. The cost of the total service divided by the number of multi-family units will establish the per unit
rate.
BUDGETIMPACT
None.
Telecommunications Device for the Deaf TDD(479)521-1316 113West mountain-Fayetteville,AR 72701
Water,Sewer and Solid Waste Committee Agenda Page 5 of 29
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Amend Chapter 50 Garbage and Trash
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ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 50.01 DEFINITIONS, 50.20
SERVICE REQUIREMENTS AND 50.40 RATES FOR SERVICES OF
CHAPTER 50: GARBAGE AND TRASH OF THE CODE OF FAYETTEVILLE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends
Sections 50.01 Definitions,50.20 Service Requirements and 50.40 Rates for Services of Chapter
50: Garbage and Trash of the Code of Fayetteville so that after amendment, each of the sections
shall read as presented in the attached Exhibit"A".
PASSED and APPROVED this day of 2013.
APPROVED: ATTEST:
r By: By: .
LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasmer
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Water,Sewer and Solid Waste Committee Agenda Page 6 of 29
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Amend Chapter 50 Garbage and Trash
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50.01 Definitions
For the purpose of this chapter the following definitions shall apply unless the context clearly Indicates or requires a 'F
different meaning:
f I
Biodegradable bag. A bag capable of being decomposed by natural micro-organic processes,to be used for the
disposal of yard waste;and having a capacity of no more than thirty-five gallons.
Brush. Shrubbery,bush,and tree trimmings under three inches In diameter. E
Bulk brush. Brush, under three Inches In diameter,that Is cut in lengths of four feet or less and tied In bundles
that one person can handle.
Bulky waste. Items too large for collection In city-Issued residential garbage cans,such as appliances,furniture,
large limbs,etc. Customers should contact the Solid Waste and Recycling Division for specific requirements.
Commercial service. The collection and removal of garbage and trash from any establishment other than single-
family residences,duplexes or mufti-family complexes. Commercial service shall include,but not be limited to:office
buildings, private Institutions, professional buildings, restaurants, or as otherwise determined by the Operations
Director.
Curbside. The edge of the public roadway directly in front of a residence. On corner lots curbside may be
construed as the edge of the roadway directly alongside of the residence. In areas where garbage and trash
collection Is provided along alleys, curbside shall refer to the edge of the pavement of said alley. In either case,
placement shall be no more than six feet from the public roadway. Garbage and trash placed at curbside must not
impede the flow of traffic on the roadway or public sidewalk in any way.
Exemption to curbside. Exemption to the mandatory curbside placement of garbage and trash will be granted to
persons who are disabled to the extent that they cannot reasonably meet the curbside requirement,and that have no
one residing on premises greater than 12 years of age that can meet the requirement for them.
Garbage. All waste accumulations of animal,fruit,or vegetable matter that attend the preparation, use,cooking,
dealing In, or storage of meat, fowl,fish, fruits, or.vegetables, tin cans,or other containers originally used for food
stuffs. The term"garbage"shall not include mineral wastes or manufacturing or processing wastes.
Garbage disposal area. A place or places designated by the city for the purpose of disposing of refuse,including
incinerator and other dumping areas.
Limbs. Tree trimmings over three inches in diameter.
Person. Any individual,firm,or corporation.
Premises. Any flat, dwelling, rooming house, apartment house, hospital, school, hotel, club, restaurant,
boardinghouse,eating place,shop,church,place of business,manufacturing establishment,courthouse,jail,city hall,
post office or other building.
Operations Department Director. The Director of Solid Waste and Recycling.
Residential multi-family service. The collection and removal of garbage and trash from all residential multi-family
complexes of three or more units,mobile home parks,or as otherwise determined by the Operations Director.
Residential single-family/duplex service. The collection and removal of garbage and trash from all single-family
residences and duplexes located on public roadways within the City of Fayetteville,or as otherwise determined by the
Operations Director. Collection of garbage and trash from residents on private roadways will be at the discretion of
the city. The city shall only collect garbage and trash contained in city-issued carts and bags with the appropriate city
permit sticker attached.
Sanitation service. The collection, removal, and disposal of waste, refuse, garbage, trash, and rubbish; the .:
insecticidal fogging and/or spraying performed by the city; animal control and such other functions contained herein
that are necessary for the preservation of health,safety,and welfare of the community.
Specialized customer. A customer that requires specialized services for the collection of garbage and trash
and/or cardboard recycling that the city cannot provide.
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Water,Sewer and Solid Waste Committee Agenda Page 7 of 29
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Amend Chapter 50 Garbage and Trash
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Trash. All nonputrescible solid wastes, consisting of both combustible and noncombustible wastes such as
paper,cardboard, glass, crockery, excelsior, doth and similar materials. The term "trash" shall not Include mineral
waste or manufacturing or processing wastes.
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50.20 Service Requirements
(A) Commercial service,
(1) Containers required. Each owner, occupant, tenant, or lessee using or occupying any house, building,
structure or portion thereof shall provide and maintain containers of sufficient number and size to contain the
garbage and/or trash that will accumulate on the premises. This obligation begins upon Issuance of a
certificate of occupancy or upon actual occupancy. In the case of multiple dwellings or multiple occupancy,
this duty shall be upon the owner of the premises. Said containers shall be covered at all times except when
refuse Is being placed in or removed from them. The city shall not be required to remove garbage or other
fitter not placed in containers or that Is placed on top of or around the containers.
(2) Container specificalions. Such containers shall meet specifications and be of such size as set forth by the
operations director, and shall be compatible for automated commercial Collection by city vehicles. -
Containers of volume less than two cubic yards shall be issued through the city for a purchase price of
container cost plus taxes and delivery charges.
(3) Maintenance of containers. It shall be the duty of such person to replace unserviceable containers and to
keep them clean at all times, Notice of unserviceable or unsanitary condition of containers will be served
upon such person by the city, at which time such person shall take prompt action to correct the existing
conditions.
(4) Location of containers. The placement and location of containers for commercial service and for apartments
and apartment buildings shall be negotiated between the user and the operations director. The city
assumes no liability for the loss of Items placed on or near the containers; the owner andlor occupant
assumes the risk of loss of such items. Further, the city assumes no responsibility for lost or stolen
containers.
(B) Residential single-familyiduplex service and Residential multi-family service.
(1) Residential garbage carts required. Each owner, occupant, tenant, or lessee of any house, building,
structure or portion thereof in the city limits shall obtain containers from the City of Fayetteville of sufficient
size, as determined by the Operations Director, to contain garbage and/or trash. This obligation begins
upon issuance of a certificate of occupancy or upon actual occupancy. Customers receiving residential
single-family/duplex service shall use only the residential garbage carts provided by the city. Customers _
receiving residential multi-family service shall only use the garbage or trash container provided by the city.
The City shall only collect garbage and trash pieced in residential garbage carts and containers or begs with
the appropriate city permit sticker attached.
(a) Additional garbage bag pickup. On the collection day, an additional garbage bag (not to exceed 36
gallons in capacity,or 60 pounds In weight),with an attached city permit sticker may be left beside the
garbage cart,and shall be picked up without additional charge. Each residential garbage cart customer
shall receive four free city permit stickers per year.
(b) Additional collection. Residential customers may, request additional garbage cart collection by
appointment. Again,trash shall be placed in the garbage cart,and an additional bag„not to exceed 35 .
gallons in capacity, may be placed beside the garbage cart.An additional collection fee of$6.00, plus
the actual disposal cost based on carts size, shall be billed to the customer at the next billing cycle.
Bags placed outside of the garbage cart without city permit stickers shall not be collected.
(2) Location of residential garbage carts. Residential garbage carts shall be placed at a single collection point
within three feet of the curb, street, or alley line, where applicable, by 6:00 a.m. on mornings regularly i
scheduled for garbage and trash collection, provided however,that garbage carts shall not be placed at the
curb, street, or alley more than 12 hours before regular pickup, and shall be removed within 12 hours
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Water,Sewer and Solid Waste Committee Agenda Page 8 of 29
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Amend Chapter 50 Garbage and Trash
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thereafter. Alternate collection points may be specified at the discretion of the city.
(3) Exemptions. Residential customers who wish to apply for an exemption of the required location of
residential garbage carts may contact the Solid Waste and Recycling Division for an application. Final
determination of exemption status shall be made by the Operations Director, or his designated
representative.
(4) Rental property cert service. Rental property owners listed on major owner list maintained by the City of
Fayetteville Business Office, shall be permitted 10 days of service Immediately following the vacation of the
rental property for%the normal monthly rate for the cart at the residence. The landlord shall be responsible
to contact the Solid Waste and Recycling Division It the cart is discovered missing during cleanup activities.
The landlord shall be responsible for the cart during these 10 days and shall be required to contact he Solid
Waste and Recycling Division to arrange for cart pickup.
(5) Storage/maintenance. Residential garbage carts shall be stored and maintained in a manner not likely to
create a fire hazard,provide nesting space for rodents and other vermin,or breeding sites for insects.
(C) Yard waste. Only biodegradable bags,as defined herein,shall be acceptable for the disposal of yard waste.
(D) Determining Classification of Required Service. Certain properties have mixed-uses or otherwise have certain
specific conditions, lease agreements between the landlord and tenant, land ownership arrangements,
geography, topography, street layout, private drive conditions, access and/or general layout of structures or
individual units, or number thereof,particularly mutti-family residential buildings, of collage developments, or a
combination of any of the above,which make the provision of the service the property would otherwise qualify for
Impossible or impractical to provide. In such circumstances,the Operations Director shall make an objective
determination, based on the above-listed factors and other factors which directly bear on the provision of solid
waste and recycling service, as to whether a particular customer must be served by commercial service,
residential single-family/duplex service or residential multi-family service.
50.40 Rates For Services
(A) Residential single-family/duplex service.Garbage and trash shall be collected from residential single-
family/duplex customers one time each week for the following rates:
Gatirarrollrhrsh User Fee Schedule
Container Fixed Graduated CartFeereplace- Monthly
Volume Fee Fee I Ment Rate
32 $8.13 $2.18 $0.43 $8.75
84 $6.13 $6.68 $0.54 $13.35
96 $6.13 1 $12.13 1 $0.70 1 $18.96
(1) There shall be no charge for the collection of residential yard waste.
(2) Residential single-family/duplex service customers shall receive bulk collection at no charge one time per
year.
(3) If a residential single-famlly/duplex customer wishes to exchange to a larger residential garbage cart size,
the customer shall be assessed a twenty dollar($20.00) cart exchange fee. No fee shall be assessed for
customers wishing to exchange to a smaller cart.
(4) The Garbagefirash User Fee shall be adjusted annually based upon the Consumer Price Index (CPI) as
published by the U.S.Department of Labor,unless specifically waived by City Council resolution.
(S) Residential multi-family service. Trash shall be collected from residential multi-family customers one time each
week at a rate of$9.25 per dwelling unit per month unless the owner of the multi-family complex requests greater
volume/frequency of service then the minimum required service as determined by the Operations Director.
Additionally, when recycling service is provided to a residential multi-family service customer, an additional rate
of$0.95 per dwelling unit per month shall apply. When requests for greater volumelfrequency of service by an ,
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Water,Sewer and Solid Waste Committee Agenda Page 9 of 29
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Amend Chapter 50 Garbage and Trash
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owner are made, rates shall be determined by the prevailing commercial service rate divided by the number of
dwelling units.
(C) Commercial service.Trash shall be collected from commercial customers as shown below. -
(1) The monthly commercial rate shall be:
Commercial UserFee Schedule
Rate
Commercial Container Per
Size pickup
95 Gallon Cart 15.90
2 cubleyards $32.76 -
4 cubic aids $65.52
Bcublc ards $96.28
8cubic yards $131.04
(2) Commercial 95 gallon carts have a maximum of four pickups per week, Monday through Thursday.Larger
commercial containers shall be serviced a minimum of once per week and a maximum of six times per
week,Monday through Saturday, except authorized holidays for City employees and unavoidable Inclement
weather.
(3) The rate for providing extra collection of any 95 gallon cart shall be twice the monthly collection rate based
on the number of collections per week as established by§50.40(B)(1).The rate for providing extra collection
of any commercial loadall type container shall be$8.19 per cubic yard.
(4) The rate for providing cardboard and paper recycling service shall be$8.19 per cubic yard.
(5) Container rental is a flat fee per month.
CnnfalnarRental/Dum sterLease Fee Schedule
Container Size Monthly Rale
Cubic Yards
2 yd $12.89
d d $14.73
6 d $1T.14
8 yd $20.24
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(6) A residential multi-family complex office shall pay an additional $0.95 per month to Its solid waste bill as if it
were an individual unit when the residential multi-family complex is receiving recycling service.
(D) Loadall type container service. The monthly rate for one pickup per week for any commercial establishment
using loadall type containers for collection of garbage shall be$16.38 per cubic yard collected.
(E) Commercial Recycling. Limited commercial recycling is offered per the table below.
Size Once Per Week
4 yd cardboard $32.76
6 yd cardboard $49.14
8 yd cardboard $65.52
4 yd paper $32.76 i
18 gal recycle bin $5.88
(Up to five bins
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(F) Use of composting facility.
(1) Businesses, including commercial landscapers and tree trimmers, and nonresidents That bring brush to the
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Water,Sewer and Solid Waste Committee Agenda Page 10 of 29
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Amend Chapter 50 Garbage and Trash
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M/s composting facltityfor disposal wilf be charged as follows:
composilng user Fee Schedule
Size Rate
Compact pickup trucks $5.00 -
Full size picku trucks $8.00
Trailers up to 14 feet Ion $10.00
Trailers greater than 14 feet ion $15.00
I
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Water,Sewer and Solid Waste Committee Agenda Page 11 of 29
C. 1
Amend Chapter 50 Garbage and Trash
p� ag/e�10 of 14 -
nypV+S 1 OVA4S
FAYETTEVILLE CODE OF ORDINANCES Il_ -
TITLE V PUBLIC WORKS ,
CHAPTER 50: GARBAGE AND TRASH"
i
ARTICLE I use,cooking,dealing In,or storage of meat,fowl,fish,
GENERAL PROVISIONS fruits, or vegetables, tin cans, or other containers
originally used for food stuffs. The term "garbage"
50.07 Definitions shall not Include mineral wastes or manufacturing or
For the purpose of this chapter the following processing wastes.
definitions shall apply unless the context clearly Garbage disposal area. A place or places
indicates or requires a different meaning: designated by the city for the purpose of disposing of
Biodegradable bag. A bag capable of being refuse,including Incinerator and other dumping areas.
decomposed by natural micro-organic processes, to Limbs. Tree trimmings over three Inches In
be used for the disposal of yard waste; and having a diameter.
capacity of no more than thirty-five gallons.
Brush. Shrubbery, bush, and tree trimmings
Person. Any Individual,firm,or corporation.
under three inches In diameter. Premises. Any flat, dwelling, rooming house,
Bulk brush. Brush, under three inchesin apartment house, hospital, school, hotel, club,
restaurant, boardinghouse, eating place, shop,
diameter,that is cut in lengths of four feet or less and church, place of business, manufacturing
tied in bundles that one person can handle. establishment,courthouse,Jail,city hall,post office or '
Bulky waste. Items too large for collection in city- other building. -
issued residential garbage carts, such as appliances, Operations Department Director. The Operations
furniture, large limbs; etc. Customers should contact Department Director of the city.
the Solid Waste and Recycling Division for specific
requirements. Residential service. The collection and removal
Commercial service. The collection and removal of garbage and trash from all single-family residences
located on public roadways within the City of
of garbage and trash from any establishment other Fayetteville. Collection of garbage and trash from
than single-family residences. Commercial service residents on private roadways will be at the discretion
shall include, but not be limited to: office buildings, of the city. The city shall only collect garbage and
private Institutions, professional buildings, trash contained In city-Issued carts and bags with the
restaurants,apartments,duplexes and trailer parks. appropriate city permit sticker attached. -
Curbside. The edge of the public roadway Sanitation service. The collection, removal, and -
directly in front of a residence. On corner lots disposal of waste, refuse, garbage, trash, and
curbside may be construed as the edge of the rubbish; the Insecticidal fogging and/or spraying
roadway direcdy alongside of the residence. In areas
where garbage and trash collection is provided along Performed by the city; animal control and such other
alleys, curbside shall refer to the edge of the functions contained herein fare necessary for the -
preservation of health, safetyety,, and welfare of the
pavement of said alley. In either case, placement community.
shall be no more than six feet from the public
roadway. Garbage and trash placed at curbside must Specialized customer. A customer that requires
not impede the Flow of traffic on the roadway or public specialized services for the collection of garbage and
sidewalk in any way, trash and/or cardboard recycling that the city cannot
Exemption to curbside. Exemption to the provide.
mandatory curbside placement of garbage and trash Trash. All nonputrescible solid wastes,
will be granted to persons who are disabled to the consisting of both combustible and noncombustible
extent that they cannot reasonably meet the curbside wastes such as paper, cardboard, glass, crockery,
requirement, and that have no one residing on s
the requirement for them.
Premises greater than 12 years of age that can meet excelsior, cloth and similar materials. The term
'trash' shall not include mineral waste or
manufacturing or processing wastes, i
Garbage. All waste accumulations of animal,
(Code 1965,§141;1, 1 -3- 1;Or 46-59;Ord.No.1619,6-
fruit, or vegetable matter that attend the preparation, 79-88;Ord.No.3581, 12391;Ord.No.3755,§i,2,12.21-
CD50:3
Water,Sewer and Solid Waste Committee Agenda Page 12 of 29
C. 1
Amend Chapter 50 Garbage and Trash _
Pa e11 of14 .
Gt1Yr + 11 f14 '
Fayetteville Code of Ordinances
93;Ord.No.3842,§7,11.16.94;Ord,No.4111,§§1-$,84-
98;Ord.No.4341,10.2.01;Ord.No.4415,§1,2,9.17.02; 50.06 Burning Of Garbage And Trash
Code 1991,§50.01) It shall be deemed a violation of this Code for any
State law reforence(sy-Solid Waste Management Act, person to bum trash or garbage except In Incinerators
A.C.A.§83-201 at seq. that have been approved by the County Health
Department,Solid Waste and Recycling Division,and
50.02 Solid Waste And Recycling Fire Department of the city.
Division To Administer Collection And
Removal S ode 1905
Code 1.17, Ord.§50. No.
1194.4-6-59:Ord.No.1619,
(A) In order, among other functions, to satisfactorily Cross reference(s)—Penalty,§10.99.
collect and remove garbage and trash and
accomplish the other purposes of this chapter, 60.07-60.19 Reserved
there is hereby created a Solid Waste and ARTICLE II
Recycling Division for the city. COLLECTION PROCEDURE
(B) The Solid Waste and Recycling Division shall be
under the direction of the operations director who 50.20 Service Requirements
in turn is subject to the general direction of the
mayor. (A) Commercial service.
(Code 1965,§10-2;Ord.No.1194,4-8.59;Ord.No.1619,8- (1) Containers required. Each owner,occupant,
18-68;Code 1991,§50.02) tenant, or lessee using or occupying any
house, building, structure or portion thereof
50.03 Dumping Prohibited; Garbage requiring commercial service shall provide
Disposal Areas and maintain containers of sufficient number
Dumping within any area within the city, except and size to contain the garbage and/or trash
garbage disposal areas as defined by §50.01. Is that will accumulate on the premises. In the
prohibited. case of multiple dwellings or multiple
occupancy,this duty shall be upon the owner
(Cade 1965,§10-6;Ord.No,1194,4A-59;Ord.No.1619,8- of the premises. Said containers shall be
19-68;Cade 1991,§50.03) covered at all times except when refuse Is
being placed In or removed from them, The
Cron reference(s)--Penalty,§10.99. city shall not be required to remove garbage
or other litter not placed In containers or that
50.04 Depositing On Vacant Lots is placed on top of or around the containers.
It shall be unlawful for any person to dump,throw or
otherwise deposit any garbage or trash or (2) Container specifications. Such containers
accumulations of the same on any vacant lot in the shall meet specifications set forth by the
city. operations director, and shall be compatible I,
for automated commercial collection by city
(Code 1965, §10-12; Ord. No. 1194, 4-6-59; Code 1991, vehicles. Containers of volume less than
§50.04) two cubic yards shall be issued through the
city for a purchase price of container cost
Cron reference(s)—Penalty,§10.99. plus taxes and delivery charges.
50.05 Depositing On Streets,Alleys, Or (3) Maintenance of containers. It shall be the
Sidewalks duty of such person to replace unserviceable
It shall be unlawful for any person to throw, place, containers and to keep them clean at all
dump, litter, or otherwise deposit any garbage, trash, times. Notice of unserviceable or unsanitary
or refuse upon any public street, alley, or sidewalk of condition of containers will be served upon
this city, except in receptacles placed upon such such person by the city, at which time such
streets, alleys or sidewalks without approval of the person shall take prompt action to correct
city Solid Waste and Recycling Division. the existing conditions.
(Code 1965, §10-13; Ord. No. 1149, 10-14-57; Ord. No. (4) Local/on of containers. The placement and
1194,4-6-59;Code 1991,§50.05) location of containers for commercial service
and for apartments and apartment buildings
Cross reference(s)—Penalty,§10.99. shall be negotiated between the user and the
CD50:4 j
Water,Sewer and Solid Waste Committee Agenda Page 13 of 29
C. 1
gmend C"p(er 50 Garbage and Trash
s�1SM�
TITLE V PUBLIC WORKS
operations director. The city assumes no Division for an application. Final
liability for the loss of items placed on or determination of exemption status shall be
near the containers; the owner and/or made by the operations director, or his
occupant assumes the risk of loss of such designated representative. -
Items. Further, the city assumes no
responsibility for lost or stolen containers. (4) Rental property cart service. Rental property
owners listed on major owner list maintained
(B) Residential service. by the City of Fayetteville Business Office, .
shall be permitted 10 days of service -
(1) Residential garbage carts required. immediately following the vacation of the
Customers receiving residential garbage and rental property for%the normal monthly rate
trash service shall use only the residential for the cart at the residence. The landlord
garbage carts provided by the city. The City shall be responsible to contact the Solid
shall only collect garbage and trash placed in Waste and Recycling Division If the cart Is
residential garbage carts or bags with the discovered missing during cleanup activities.
appropriate city permit sticker attached. The landlord shall be responsible for the cart
during these 10 days and shall be required
(a) Additional garbage bag pickup. On the to contact he Solid Waste and Recycling
collection day, an additional garbage Division to arrange for cart pickup.
bag (not to exceed 36 gallons In
capacity, or 50 pounds in weight), with (5) Storage/maintenance. Residential garbage
an attached city permit stoker may be carts shall be stored and maintained in a
left beside the garbage cart, and shall manner not likely to create a fire hazard,
be picked up without additional charge. provide nesting space for rodents and other
Each residential garbage cart customer venin,or breeding sites for insects.
shall receive four free city permit
stickers per year. (C) Yard waste. Only biodegradable bags, as
defined herein, shall be acceptable for the
(b) Additional collection. Residential disposal of yard waste.
customers may request additional
garbage cart collection by appointment. (Code 1986,§10-3;Ord.No.1194,4.6-59;Ord.No.1619,8-
Again, trash shall be placed in the 19.68;Ord.No.3581,12-3-91:Ord.No.3842,§2.11-16-94;
garbage cart,and an additional bag,not Ord.No.4111,§4,8.4-98;Ord. No.4270,9-5-00;Ord.No.
to exceed 35 gallons in capacity, may 4341, 10-2-01; Ord. No. 4415, §3, 9.17.02; Code 1991,
be placed beside the garbage cart. An §50.20)
additional collection fee of $6.00, plus Cross reference($)--Pe Ivy,§10.99,
the actual disposal cost based on carts
size, shall be billed to the customer at 30.21 Access To Ga age And Trash
the next billing cycle. Bags placed Containers
outside of the garbage cart without city
permit stickers shall not be collected,
(A) In the event that exemption to curbside
(2) Location of residential garbage carts. placement of garbag and trash is granted, It
Residential garbage carts shall be placed at shall be incumbent on me tenants, lessees,
a single collection point within three feet of occupants, or owner of the premises where
the curb, street, or alley line, where garbage or trash is g orated to provide a safe
applicable, by 6:00 a.m. on mornings and convenient entr ce to and through the
regularly scheduled for garbage and trash premises for the purpo s of collecting same.
collection, provided however, that garbage
carts shall not be placed at the curb, street, (1) All vicious anlmal shall either be confined,
or alley more than 12 hours before regular or garbage and tr h containers placed at a
pickup, and shall be removed within 12 point where colic tors may service same
- hours thereafter. Alternate collection points without attack Pon said animals.
may be specified at the discretion of the city.
(2) Where aommerci collections are made '
(3) Exemptions. Residential customers who from alleys an access ways, said
wish to apply for an exemption of the approaches shall a maintained in such
required location of residential garbage carts manner as not to b a hazard to Solid Waste
may contact the Solid Waste and Recycling and Recycling [vision personnel or
CD50:5
Water,Sewer and Solid Waste Committee Agenda Page 14 of 29
C, 1
Aryend Chapter 50 Ge and Trash
e LaaryW,179'
TITLE V PUBLIC WORKS
the corporate limits of a city, such service shall be be collected from residential customers one time
subject to all the provisi s of this chapter. each week for the following rates:
(Code 1985, §10-16; Ord. 0. 1194, 4-6-59; Code 1991, Garbe e/Trash Usar Fea Schedulo
§50.29) Gmduotod Cart
Co Volume
Fixed Monthly
Volume replace.
60.29 Private Colle ors;Contract With volume Fea Fee moat Rate
City Required 3258.13 $2.19 $0.43 8.75
No person, except a my authorized agent or 64 $6.13 $6.88 0.54 $ 3.35
employee of the city, sh I empty garbage or trash 96 $8.13 $1213 $0.70 $98.96
receptacles, or convey o nspoft garbage or trash "
on the streets or public horoughfares of the city, (1) There shall be no charge for the collection of
without a written contract h the city. residential yard waste.
(Code 1965, §10.46; Ord. 1194, 4-e•59; Code 1991, (2) Residential service customers shall receive
§50.29) bulk collection at no charge one time per
Cross reference(s)—Pe ry,§10.99,
year.
50.30 Bulky Waste1C rnrnunity Cleanups (3) If a residential customer wishes to exchange
to a larger residential garbage cart size,the
(A) Bulky waste pickup. Each customer shall be customer shall be assessed a twenty dollar .
entitled to one bulky waste pickup per year. ($20.00) cart exchange fee. No fee shall be
assessed for customers wishing to exchange
Customers shall Oman a for bulky wash pickup to a smaller cart.
by contacting the Sod Waste and Recycling ,
Division to reserve a collection date, Mobile (4) The Garbagerrrash User Fee shall be
home parks and spam ant complexes consisting adjusted annually based upon the Consumer
of four or more units at II not be eligible. Price Index (CPI) as published by the U.S.
(8) Community cleanups. Department of Labor.
(B) Commercial service. Trash shall be collected
(1) City-wide Earth I eek cleanup. During from commercial customers as shown below.
Earth Week of e h year, customers may
dispose of norma residential waste at.the (1) The monthly commercial rate shall be:
Solid Waste and ecycling Facility free of
charge. Commercial User Fee Schedule
2 COmmerclal Container Rate
O Neighborhood a ocfatlonAvard cleanups. Size Per
Each City Council rd shall be eligible for Pickup
up to four comm nity cleanups per year, 95 Gallon Cart 15.90 I'
provided however that each cleanup shall 2 Cubic yards $32.78 i
be coordinated by t least one neighborhood 4 cubicyards $65.52
association,under a sponsorship of both of 8 cubic yards $98.28
the ward's alderp scn(s). The city shall 6cubic yards $98.28
collect eve131.04
rything eepl normal residential
garbage and ha rdous waste free of 2 Commercial 95
charge. ( ) gallon carts have a
maximum of four pickups per week, Monday
(Ord.4415,§4,9-17-02:Code 1 1,§50.30) through Thursday. Larger commercial
containers shall be serviced a minimum of
50,31.50.39 Reserved once per week and a maximum of six times
per week, Monday through Saturday,except
ARTICLE III authorized holidays for City employees and i
unavoidable Inclement weather.
COLLECTION CHARGES; BILLING
50.40 Rates For Services i
(3) The rate for providing extra collection of any
(A) Residential service. Garbage and trash shall 95 gallon cart shall be twice the monthly
collection rate based on the number of
CD50:7
f
Water,Sewer and Solid Waste Committee Agenda Page 15 of 29
C. 1
And Chapter 50 Garbage and Trash
yref, eVi�l�r
Fayetteville Code of Ordinances
collections per week as established by Compact pickup trucks $5.00
§50.40(8)(1). The rate for providing extra i Full size pickup trucks $8.00
collection of any commercial loadall type I Trailers up to 14 feet long 10,00
container shall be$8.19 per cubic yard. Trailers greater than 14 feet Ion $16.00
(4) The rate for providing cardboard and paper
recycling service shall be $8.19 per cubic (Cade 1965,§§10-28,10-29,10-29.1;Ord,No,1194,4-6-59;
yard. Ord.No. 1443,4.28.65;Ord. No.2587, 12.18.79;Ord.No.
2751,8-18-81;Ord.No.2767, 10.20-81;Ord.No,2855,9-
(6) Container rental is a Oat fee per month. 21-92;Ord.No.2886, 1-18-83;Ord.No.3626,B-4-92;Ord. t
No. 3755, §§3, 4, 12-21-93; Ord. No. 3841,111, 11-16-94;
ConfalnerRenfeUDum Dater Lease Fee Schedule Ord.No.3842,J3.11-18-94;Ord.No.3993,
Co or Size Ord.No.4111,§5,83.98:Ord.No.4349,11-0-01;Ord,No.
Cu111c Yard9 Monthly Rate 4382, 3-19-02; Ord. No. 4415, §5, 9-17-02; Cade 1991,
§50.40,Ord.4457 §50.40,01-21-03;Ord.4785,09.20-05;
2 yd $12.89 Ord, 5279, 10.05-09; Ord. 5299, 12-16-09; Ord, 5470, 12-
4 1 $14.73 20-11)
B d $17.14
8 yd $20.24
58.41 Rates For S rvice Outside City
(6) The rate for providing multl-famlly recycling
Limits
is$0.95 per month per unit in an apartment In the event garbage d trash collection and removal
complex or multifamily residential complex service is rendered b the city for buildings,structure t
receiving recycling service. The complex !
office shall have this same $0.95 per month or premises located aside the corporate limits of the
per unit added to its solid waste bill as If h city,as provided for i §50.28, the monthly charge for
such service shall b as prescribed In§50.40(A)and
were an individual unit In the complex.' (B),plus 50%.
Customers residing in multi-family
complexes which do not receive recycling (Code 1985, §10-30; rd.. No. 1194, 4-6.59; Code 1991,
service will not be charged for recycling §50.41)
service.
(C) Loadall type container service. The monthly rate 50.42 Higher Ra To Control In Case Of
for one pickup per week for any commercial Uncertainty,Co tradiction Or
establishment using loadall type containers for Duplication
collection of garbage shall be $16.38 per cubic In case of uncertain , contradiction or duplication of
yard collected. rates prescribed in its article, the higher rate shall i
control. I.
(D) Commercial Recycling. Limited commercial
recycling is offered per the table below. (Code 1965, §10-31; rd, No. 1194, 4.6-59; Code 1991,
§50.42)
Size Once Per Week State law rale co(s) Raleschedules -Greater or -
4 d cardboard $32.76 lesser rate not to be c rged,A.C.A.,§233-107.
6 yd cardboard $49.14
B yd cardboard $65.52 50.43 Adjustor t Of Rates; Exemptions
4 d e er 32.76 Appeal for adjustor t of rates for charges prescribed
18 gal recycle bin $5.88 by this art cuema be tlire"a In writing to the
u to five bins operations director nd the mayor. Appeal from their
decision shall be di city to the City Councll,and shall
(E) Use of composting facility. be In writing and fit d with the city clerk within 30 days
of the date writte notice of the decision of the
(1) Businesses, including commercial operations dire and the mayor is given.
landscapers and tree trimmers, and Exemptions from natation charges may be granted
nonresidents that bring brush to the City's by the City Court upon written request only, for a
composting facility for disposal will be just cause.
charged as follows:
(Code 1965.§10-32;Ord. No. 1194,4-6-59;Ord.No. 1619, j
COTPW User Fee Schedule 8-19-68;Code 1991,§50.43) V
SizeI Rate
CD50:8
Water,Sewer and Solid Waste Committee Agenda Page 16 of 29
• CITY COUNCIL AGENDA MEMO
Tave evl le MEETING DATE OF MARCH 6, 2013
THE CITY OF FAYETTEVILLE,ARKANSAS
ARKANSAS
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff �
From: David Jurgens, Utilities Director j�)
Fayetteville Water and Sewer Comin e V
Date: January 14,2013 11
Subject: Easement to Ozarks Electric Cooperative,Noland Wastewater Treatment Facility
RECOMMENDATION
Staff recommends approving granting an easement to Ozarks Electric Cooperative on the land owned by the City near
the Noland Wastewater Treatment Facility(WWTF).
BACKGROUND
Ozarks Electric Cooperative is in the initial stages of upgrading one of their electric lines near the Noland WWTF. The
aging electrical infrastructure in this area has reached its acceptable service life and needs to be replaced. This project to
rebuild the line will provide more reliable service to the area as well as allow Ozarks Electric to accommodate additional
load. Design requirements have changed since the line was constructed and two areas have been flagged as needing
additional easement to install guy wires to support poles. They are located approximately half a mile south of Noland
WWTF facility and are on City property.
DISCUSSION
Ozarks Electric has an existing 100' easement centered on their existing electrical line. These power lines provide
electricity to the Noland WWTF as well as other area customers. It is in the City's best interest to have fully reliable
power to this site. Their design requirements have changed significantly since the existing lines were installed in 1968
when the first WWTF was constructed on this site. The new design criteria require a different guy wire arrangement
than applied for the existing lines, and thus the guy wires will be outside the existing easement at two locations. The two
areas contain 0.08 and 0.06 acres. Granting this easement has no negative impact on City operations at these locations.
BUDGETIMPACT
None.
Ozarks Emment Noland WWTF CCMemoJan I3
Water,Sewer and Solid Waste Committee Agenda Page 17 of 29
UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, whether one or more, City of
Fayetteville. Arkansas, 113 W. Mountain, Fayetteville, AR. 72701 hereinafter called "Grantors", for the
sum of$1.00 and good and valuable consideration, the receipt of which is hereby acknowledged do hereby
grant and convey unto Ozark Electric Cooperative (Grantee), hereinafter called "Cooperative", whose
principal office is in Fayetteville, Arkansas, and unto its successors, licensees or assigns, a perpetual
easement right, privilege, and authority to enter upon the lands of the undersigned Grantor, and to place,
construct, reconstruct, erect, excavate, add to, relocate, rebuild, modify, change operating voltage level,
repair, replace, patrol, operate and maintain on, over, and under the described lands, and in and upon all
streets, roads, highways and other rights of way abutting said premises, overhead lines and underground
cables of one or more circuits to serve as service, distribution, or transmission lines, or combinations of all,
to transmit electrical energy and communications, including but not limited to poles, towers, wires, buried
cable, guys, brace poles, guy wires, anchors, and other appurtenances necessary thereto,together with the
right of ingress and egress to and from the lines of the Cooperative, over the lands of Grantors, which said
lands of Grantors situated in the County of Washington, State of Arkansas, are described as follows:
See Property Description: Page 3
The location of the utility easement on the above-described premises being generally described as follows:
Guy tracts#1 &92 as shown on the attached Exhibit A.,
At points of angle and termination in the line, Cooperative shall have the right to place anchors,
stub poles, and guy wires. The location of anchors, stub poles and guy wire shall be finally
determined as they are constructed within the utility easement shown on Exhibit A.
Grantors do also hereby grant and convey to Cooperative the perpetual right to clear and keep clear by
cutting, trimming, the application of federally registered herbicides or removing by any other manner all
brush, trees, timber, and vegetation within the defined easement and, at the Cooperative's option, to trim of
remove all other trees outside of the defined easement that would in the sole opinion of the Cooperative,
endanger the safety of the public or be a hazard to the operation and maintenance of the lines, and to
dispose of trees and brush in any manner desired by the Cooperative. And agree that no shrubs, trees, or
structures shall be planted or constructed within the defined easement. And the removal of any structures,
trees, or other obstructions placed in the easement after the construction of said line will be removed at the
expense of the property owner.
Grantors agree to make no use of, nor permit others to make any use of said easement strip that would
reduce in clearance or in any other way interfere with the proper and safe operation and/or maintenance of
said line by Cooperative. Grantors further agree that Grantors will not make or allow others to make any
attachments to any line, poles, or structures of Cooperative although the Cooperative retains the right to do
so at its discretion.
Water,Sewer and Solid Waste Committee Agenda Page 18 of 29
Grantors agree that all poles, wires, transformers and all other facilities installed by and at the expense of
Cooperative on Grantors' property pursuant to the rights granted by this easement shall remain the property
of Cooperative and may be removed by Cooperative at its option.
No delay in exercising any or all of the rights granted herein to Cooperative shall be interpreted to be a
surrender of any of the said rights nor abandonment of the easement granted.
All provisions contained herein shall run with the land and be binding on the parties, their heirs, successors,
representatives and assigns.
And any and all dower, curtesy,distributive shares or homestead interest the undersigned, or either of them,
may have inconsistent with the rights herein conferred is hereby relinquished and released to the extent
necessary to permit the free enjoyment of said rights and to that extent only. In so doing, the undersigned
do not deed the ownership of said lands.
Grantors covenant to and with Cooperative that they are lawfully seized and possessed of said lands, and
have good and lawful right to and power to sell and convey said land and the easement granted herein and
that said land is free and clear of all liens and encumbrances and that Grantors will forever warrant and
defend the title to said easement and the quiet possession thereof against the lawful claims and demands of
all persons whomever.
City of Fayetteville,Arkansas,
A municipal corporation
ATTEST: By Lioneld Jordan, Mayor
Sondra Smith, City Clerk [Seal]
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting
Notary Public within and for said County and State, personally appeared Ltonald Jordan and Sondra
Smith, to me well known as the persons who executed the foregoing document, and who stated and
acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal
corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for
and in the name and behalf of said municlpat corporation, and further stated and acknowledged that they had
so signed, executed and delivered said instrument for the consideration, uses and purposes therein
mentioned and set forth.
WITNESS my hand and seal on this day of ,2012.
MY COMMISSION EXPIRES:
Notary Public
UTILITY EASEMENT
Water,Sewer and Solid Waste Committee Agenda Page 19 of 29
Property Description (Deed Book 688 at Pane 1)
The East Half(E1l2) of the Northwest Quarter (NW%) of the Southeast Quarter (SE '/a) of Section Seven
(7) Twenty (20) acres, more or less, the Southeast Quarter (SE '/4) of the Northeast Quarter (NE '/4) of
Section Seven (7) Forty(40)acres; and eight and one half(8 Y)acres off of the North side of the Northeast
Quarter of the Southeast Quarter of Section Seven (7) described as follows, to-wit; Beginning at the
Northeast corner of said Forty acre tract, thence South Seventeen(17) rods, and two (2) feet, thence West
Eighty (80) rods, thence North Seventeen (17) rods and two (2) feet, thence East Eighty (80) rods to the
place of beginning. Also the Southwest Quarter of the Northwest Quarter of Section (8) except that part
lying East of the Center of White River running through said forty acre tract to the North line thereof which
was deeded to William Eads by J.G.Tunstill, containing herein Twenty-five (25) acres more or less, also a
part of the Northwest Quarter of the Southwest Quarter of Section Eight (8) described as follows, to-wit;
Beginning at the Northeast corner of said Forty acre tract and running thence South Seventeen (17) rods
and two (2) feet, thence West eighty (80) rods, thence North 17 rods and two feet, thence East eighty (80)
rods to the place of beginning, containing eight and one-half (8 %) acres more or less, all in Township
Sixteen (16) North of Range Twenty-nine (29) West of the 51h P.M. containing One Hundred and two (102)
acres more or less from date of the patents or final entries.
Water,Sewer and Solid Waste Committee Agenda Page 20 of 29
CITY OF OZARKS ELECTRIC COOPERATIVE CORP. 1 at 3
FAYETTEVILLE FAYETTEVILLE, ARKANSAS
EXHIBIT "All
PART OF THE EAST 1/2
SEC. 6 T16N-R29W
PART OF THE EAST 1/2 Ill
SEC. 7 T16N-R29W
WASHINGTON COUNTY, ARKANSAS
III
16.0 ACRES Irl
NOT TO SCALE LEGEND MORE OR LESS I+I�
PROPERTY LINE III
--- SECTION LINE l
N0327'03"E i
6531.37° II
I,I
ES51®Y�hy,¢ SEC. 7 T164429i I I
O o°o S`ATL M % • I
c AAKA\GAS ;p z
Vo 1719 ° d 'a
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fD•�z ��� .; GAY I
TRACT 2 IlAPPROX.
OVERHEAD I
I
ERIC S. DURKIN N09 4450"E ELECTRIC
ARKANSAS P.L.S. #1718 431.10'
AGENT FOR ALLGEIER, MARTIN and
ASSOCIATES, INC. P08
GUY N0000'00"E
TRACT #1 1059.92'
SURVEYOR'S DECLARATION
N90°00'00"W
I HEREBY DECLARE THAT THIS EXHIBIT WAS PREPARED 1141,24'
UNDER MY SUPERVISION. THIS EXHIBIT DEPICTS w
APPARENT OWNERSHIP LINES AND WAS PREPARED FOUND IRON PIN
EXCLUSIVELY FROM INSTRUMENTS OF RECORD. NE CORNER SE 1/4 SEI/4 n
10-22-12 SECTION 7, T16N, R29W p N
iN19xPAWRl019R°OCUMFMOEBERVICEAND IBTIEPROPE1xYOF N
ALL°EIER N56nN sgA960gATE9,IN0.1He006UMEMEWILLNOT CERTIFICATE OF AUTHORITY z
BE BEEDON TIBB°R OMEx rxaEcrsvnlx°urBxEwnrtTEx ARKANSAS NO.126
c°xssxr of w,°eiEx,Nnenx anauaeecuTEs,ixa
RR SPIKE
ALLGEIER,MARTIN and ASSOCIATES,INC. FOUNDSE CORNER
CONSUL EASTNE STREET RS SECTION 7, T16N, R29W
M31 ERSTTATH STREET
JapCIN,MISSOURI 04004 (917)6E4i2+)0
Water,Sewer and Solid Waste Committee Agenda Page 21 of 29
TRACT f OZARKS ELECTRIC COOPERATIVE CORP. 2 of 3
CI
FAYETTEVILLE FAYETTEVILLE, ARKANSAS
EXHIBIT "A"
1
N04'23b7"E 1
APPROX. 25.02' S83°14b2"E
NOT TO SCALE OVERHEAD 52.89' -�
ELECTRIC 3
al��
o �
N09'08'50
"E ��f ylo
25.02' 52,89'
Q
1"E Poe N63'14'02"yy`i
� - mB GUY TRACT #2
N 0.06 ACRES± N00'0O'OG"E
' 1466.20'
"W— N90°00'00"W
00°OO'00"E1031.51'
� 29287' FOUND IRON PINNE CORNER SE 1/4 SEI/4 1 M1 .0.00'00"W SECTION 7, T16N, R29W N n
0.08 ACRES± 1309.94
FOUND IRON PIN w
NE CORNER SE 1/4 SE1/4 1 n FOUND RR SPIKE
SECTION 7, T16N, R29W o 'i. SE CORNER
a I`vi SECTION 7, T16N, R29W
0
z
FOUND RR SPIKE
SE CORNER ++++N1nHm N,q�
SECTION 7, T16N, R29W �; QF£SSlu,y'`'a,,
°4Q' DDDDDD uop7t %4i
SURVEYOR'S DECLARATION 0q u�STAT1r pP°Oo 1f'C,
t W o AItKA!i5A,5 a rp
I HEREBY DECLARE THAT THIS EXHIBIT WAS PREPARED UNDER MY "�
SUPERVISION. THIS EXHIBIT DEPICTS APPARENT OWNERSHIP LINES AND
WAS PREPARED EXCLUSIVELY FROM INSTRUMENTS OF RECORD. Fp
G`P °
10-22-12 °UOOoo'°ro�oG�°°°I '*
WS DRAWING ISA OOSUMENTOF SEANOEANO IME PAOPIMYOF ,',,,'��i°�Q� J /zO+♦+
AW910K NAATw WASWONTFA=.TNIS000UMENTSNNLNOT CERTIFICATE OF AUTHORITY 7HN 1nIrII„Hry.o
SEUSEDOH WIISOIIOTXFRPA01ECT8WYINOUITNEWPJnEA ARKANSAS NO.126
OONSEMOFAILGEM%M NWAEI"V6,IN0.
KIN
ALLGEIER,MARTIN and ASSOCIATES,INC. ERIC S. S P.L.S.�� CONSUL TING ENGINEERS ARKANSAS P.L. IER,
7231 EAST 24TH STREET AGENT FOR ALLGEIER, MARTIN and
JOPLIN.MISSOURI MON (41 7)680-7200 ASSOCIATES. INC.
Water,Sewer and Solid Waste Committee Agenda Page 22 of 29
CITY OFA OZARKS ELECTRIC COOPERATIVE CORP. sof 3
FAYETTEVILLE FAYETTEVILLE, ARKANSAS
CENTERLINE EASEMENT DESCRIPTION& EXHIBIT "AI'
THE EASEMENT HEREIN GRANTED WILL BE 10D FEET IN WIDTH AND UE 50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERUNE (SIDELINES ARE LENGTHENED OR SHORTENED AS REQUIRED TO END OF THE GRANTORS BOUNDARY):
COMMENCING AT A FOUND RAILROAD SPIKE AT THE SOUTHEAST CORNER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 29 WEST,
WASHINGTON COUNTY, ARKANSAS; THENCE NO2'0111"E, 1324.39 FEET TO A FOUND IRON PIN AT THE NORTHEAST CORNER OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE N9000'0O"W, 1141.24 FEET; THENCE
N00100100"E, 1069.92 FEET TO THE INTERSECTION OF AN OVERHEAD ELECTRIC CENTERLINE AND THE GRANTORS BOUNDARY
LINE. ALSO BEING THE POINT OF BEGINNING; THENCE 1,10944'S0"E, 431.10 FEET TO A POINT OF DEFLECTION; THENCE
N0327'03"E, 6531.37 FEET MORE OR LESS TO THE GRANTORS NORTH BOUNDARY LINE. SUBJECT TO ANY ROAD RIGHT-OF-WAY,
EASEMENTS, OR RESERVATIONS, IF ANY.
16.0 ACRES MORE OR LESS. -
GUY TRACT #1 EASEMENT DESCRIPTION;
THE EASEMENT HEREIN GRANTED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 29 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND RAILROAD SPIKE AT THE SOUTHEAST CORNER OF SAID SECTION 7; THENCE NO2'0111"E, 1324.39
FEET TO A FOUND IRON PIN AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 7; THENCE N9000100"W, 1309.94 FEET; THENCE N00'00'00"E, 292.87 FEET TO THE POINT OF BEGINNING; THENCE
N86'10'01W, 74.27 FEET; THENCE N034959"E, 50.00 FEET; THENCE S86'10101"E, 73.10 FEET; THENCE S0229'44"W, 50.01 FEET
TO THE POINT OF BEGINNING. SUBJECT TO ANY ROAD RIGHT-OF-WAY, EASEMENTS, OR RESERVATIONS, IF ANY.
0.08 ACRES MORE OR LESS.
GUY TRACT #2 EASEMENT DESCRIPTION,
THE EASEMENT HEREIN GRANTED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 29 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND RAILROAD SPIKE AT THE SOUTHEAST CORNER OF SAID SECTION 7; THENCE N0210111"E, 1324.39
FEET TO A FOUND IRON PIN AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 7; THENCE N9000'00"W, 1031.51 FEET; THENCE N00100100"E, 1466.20 FEET TO THE POINT Of BEGINNING; THENCE
N0908'50"E, 25.02 FEET; THENCE N04723107"E, 25.02 FEET; THENCE SB3'14102"E, 52.89 FEET; THENCE
50645'58"W, 50.00 FEET; THENCE N8314'02"W, 52.89 FEET TO THE POINT OF BEGINNING. SUBJECT
TO ANY ROAD RIGHT-OF-WAY, EASEMENTS, OR RESERVATIONS, IF ANY. a 1„Mpurl,,,,r r
0.06 ACRES MORE OR LESS.
SURVEYOR'S DECLARATION O STA TSOT•
e.
I HEREBY DECLARE THAT THIS EXHIBIT WAS PREPARED UNDER MY ;r a° tin.1716 x
SUPERVISION. THIS EXHIBIT DEPICTS APPARENT OWNERSHIP LINES AND
WAS PREPARED EXCLUSIVELY FROM INSTRUMENTS OF RECORD. s i n�^ Rla:unu O
10-22-12 � � °OoC JI, ply°o°I
,�'v
TNIBCMWINGBN BiI ASSMTEMN.CHIB MEPRWF WOFLNor i
NBE MMON TRS0ROlH°ERPPO�JECI8TMWIIBHOTTHHEEIMm M CERTIFICATE OF AUTHORITY
CONSEMOFP GEEK WEN Aee TES,INC. ARKANSAS NO.126
�� ALLGEIER, MARTIN and ASSOCIATES,INC. ERIN S.FOR
CONSUL, MART I andSSOCIENGINEERS ARKANSAS P.L.S. #1718
7231EASTUTHSTREET AGENT FOR ALLGEIER, MARTIN and
JOPUN,MRSSOUR164W4 (417)684]200 ASSOCIATES, INC.
Water,Sewer and Solid Waste Committee Agenda Page 23 of 29
CONTRACT REVIEW MEMO
aye IVa MAYOR'S APPROVAL
THE CITY OF FAYETTEVILLE,ARKANSAS
na KAN5P5
To: Mayor Lioneld Jordan
Thrill: Don Marr,Chief of Staff
From: David Jurgens, Utilities Director INl
Fayetteville Water and Sewer Colnttee�'
Date: February 1,2013
Subject: Amendment 7 to the Engineering contract with Environmental Consulting Operations, Inc., for 2013
wetlands mitigation site regulatory, management,and environmental issues
RECOMMENDATION
City Administration recommends approval of Amendment 7 to the Engineering contract with Environmental
Consulting Operations, Inc., for$33,870.00, for wetlands mitigation site management and environmental issues as
required by the Corps of Engineers and ADEQ.
BACKGROUND
ECO, Inc. developed the wetlands and storm water protection best management plans and conducted excellent
construction inspection for the WSIP,and was tasked to ensure full compliance with the related regulations and
permits, Under their supervision, contractors working for the City completed over$135 million in work without a
single permit violation. ECO also designed the wetlands mitigation site that was required by the Corps of Engineers,
which has a mandated seven year monitoring and reporting period. The intent from the beginning of the WSIP
process has been to execute the wetlands monitoring change order annually,as the work load changes with time.
The Corps of Engineers permit requires a seven year monitoring period which ends in 2013. Funding for these
succeeding years comes from the Wastewater Treatment Operations program.
DISCUSSION
This amendment covers these work tasks for 2013:
(1) Wetlands site management including development and implementation ora strategy for specific controls
of invasive species via coordination and scheduling of hydrology, herbicide applications,and prescribed burning.
(2) Wetlands monitoring and Corps of Engineers compliance for 2013, including monitoring services to
maintain cumulative plant species lists,evaluations of seasonal hydrology and associated plant communities,and
identification of stands of invasive plant species to be controlled.
(3) Mitigation Bank Status Preliminary Process including conferrals with the Corps of Engineers to gel the
City of Fayetteville's Wetland Mitigation Site, known as Woolsey Wet Prairie Sanctuary(W WPS),entered into the
Regulatory In lieu fee and Bank Information Tracking System (RIBITS),a recently developed tracking list of
information on mitigation and conservation banking and in-lieu fee programs across the country. The primary
objective would be to get W WPS entered into this mitigation bank system so that parties needing to purchase
wetland credits are aware that the City of Fayetteville has 96 wetland credits for sale. In achieving this, the city's 96
surplus credits would be listed on the Corps little Rock District website within the RIBITS hyperlink. ECO,'s scope
will also include a concurrent preliminary evaluation of expanding W WPS into a larger wetland mitigation bank on
adjacent city-owned property, upon the sale of the surplus credits, under the "Streamlined Review Process".
BUDGETIMPACT
This change order is a$230.85 net reduction of the contract price. Work performed in previous years has been
below that anticipated,so the 2013 work is funded by savings in these previous years.
Telecommunitanom Device for the Deaf TDI7(4791 521 1116 113 West Mountain Fayetteville,AR 72701
13C0 Amend 7 CCMem"Jan 13
Water,Sewer and Solid Waste Committee Agenda Page 24 of 29
AMENDMENT NO.7
TO
AGREEMENT FOR ENVIRONMENTAL CONSI-J TING SERVICES
13ETWEEN CITY OF FAYE,I TEVILLE:, ARKANSAS AND
ENVIRONMENTAL CONSULTING OPERATIONS, INCORPORATED
FOR
WSIP DESIGN/CONSTRUC'PION/POST-CONS'1'RIICTION
ENVIRONMENTAL,CONSULTING SERVICES
THIS AMENDMENT NO. 7 to the Agreement For Professional Nivirunnienlal Consulling
Services, dated September IG, 2003 (the"Agreement"),by and between CITY OF
FAYETTEVILLE,ARKANSAS(CITY)and IINVIRONMENTAI.CONSULTING
OPERATIONS, INC. (ECO) for environmcnlal Consulling services in connection with (he
Wastewater System Improvements Project(WSIP) is node and entered into for purposes of
amending certain provisions of the Agreement to address unan(icipated WSIP scheduling
changes and changes to requirements f'or environmental regulatory Compliance and the sCope al'
construction contracts in association Willi (lie CITY's WSIP.
NOW THEREFORE, the CITY and ECO agree to amend the conlract as Ibllows:
1. All items contained in the basic contract,Its Iuuended through Amendment 7, remain in
effect. Unless specifically staled all other terms and conditions offlic Agreement shall rennin
in full force and cflcct. Neither(his Amendment nor the Agreenwnt may he niodilied except in
writing signed by and authorized representative ol'lhe CITY anti IICO. All work to be
performed prior to isxuanCC of Aniendmenl 7 has been completed.
2. Wetland Mitigation Site Managenient Coordination. The%cope shall include development
and iniplenicntation of a strategy for specific controls of invasive species via coordination and
scheduling of'hydrology, herbicide applications, and prescribed burning.
3. Wetland Mitigation Site Monitoring. ']'Ile scoPC Shall include ahbrevialed monitoring
services to niainlain cumulative Plant species lists,evaluations of seasonal hydrology and
associa(ed plaid coni n undies,and identification ufs(ands of inv;ISivc plant spccicS fo he
controlled.
4. Mitigation Ralik Status Prelinntnary Process. The scope shall include conferrals with file
Little Rock District Corps of lingincers fiir the purpose of geltiag the City of Fayetteville's
Welland Mitigation Site, niorc commonly known Its Woolsey Wel Prairie Sanctuary (W WPS),
entered into the RCgulaha'y In lieu Ice and Bank Infiirnialion Tracking Sysleni (RIBITS).
RIBITS was recently developed by the US Army Corps of Frigineers(with support frons USEI'A
and USI'WS)as a Iraeking list of mitigation hank information on mitigation and conservation
banking and in-lieu live piogranis across the country. RIIIlTS allows users to access intinmation
Oil (he types and numbers of niitigalion and conservation hunk and in-lieu toe program sites,
associated (I000I11Cn13, mitigation credit availabili(y, sa•vice orelis, as well infbrmafion on
national and local policies and procedures that affect mitigation and conservation bank and in-
lieu lee program development and operalion. The primary objective would be to get W WPS
entered into this niiligation bank system so that parties needing to purchase Welland credits are
aware that the City of Fayetteville has 96 Welland credits for sale. In achieving this, the city's 96
surplus credits would be listed on the Corps Lillie Ruck District website within the RIBITS
hyperlink.
HO All IIIIIN,. 7 JI Ju,
Water,Sewer and Solid Waste Committee Agenda Page 25 of 29
ECO,'s scope will include a concurrent preliminary evaluation of expanding WWPS into a larger
wetland mitigation bank on adjacent city-owned property, upon the sale of the surplus credits,
under the "Streamlined Review Process"delined under 33 CFR 332.8. The advantage provided
by this would be that the existing surplus wetland credits and the proposed wetland mitigation
bank expansion would be covered under a single mitigation banking inslrumenl, thereby
providing a cost savings to the City of Fayetteville.
5.Compensation - For the amended Scope of Services described herein, the CITY shall pay
ECO the sum of the following, as specified below and as shown on the Cost Detail. The total
payment shall be a lump sum"not to exceed"amounl of THIRTY THREE THOUSAND
EIGHT HUNDRED AND SEVENTY U.S. DOLLARS ($33,870.00). $34,100,85 remains
available and unspent from previous contract amendments, resulting in a net decrease to the total
contract amount of$230.85.
Contract Amendment No. 7 Cost Detail
ECO,INC.SCOPF 2013 annual services to be
_ paid under_A_ nrcudment No.7
_PART A-Woolsey Wet Prairie Annual Adaptive Management Services S IF.ZIH.aa
PART B-Woolsey Wet Prairie Annual Abbreviated Monitoring for y 1t,147 00
Ma-mcmut Purpuses
PART C-Mitigation Bank Swlu,Preliminary Falces% S 3.71190.011
TOTAL 1 33,870.110
Savings t'rom Prior Yenr Contract Amendments 3 34,I00.H5
NET INCREASE(DECREASF,)IN CONTRACT AMOUNT fS 230.881
The CITY and ECO intending to be legally bound, indicate their approval on the Amendment by
their signatures below.
ENVIRONMENTAL CONSULTING CITY OF FAYFTTEVILLE
OPERATIONS, INC.
ByI3y:
Bruce Shackleford, I'resi ie I Lioneld Jordan, Mayor
Date: t13,D/;013 Date:
ATTEST:
By:
Sondra Smith,Cily Clerk
Date:
Changes, modifications or amendments in scope, price or fees to this Cuntrad shall not be
allowed without formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope,cost, fees,or delivery schedule.
End of Amendment No.7 to Agreement for Environmental Consulting Services
IVO Anuul No.7-dj doe 2
Water,Sewer and Solid Waste Committee Agenda Page 26 of 29
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THE CITY OF FAYETTEVILLE,ARKANSAS
aye eville UTILITIES DEPARTMENTR72
113 West Mountaln
Fayetteville,AR)3701
A Ii N n N 5 A 5 P(479)575-8330 F(479)575-8257
Fact Sheet Reeardin2 Noland WWTF New National Pollutant Discharpe Elimination System Dischm•l!e Permit
5 February 2013
ADEQ has issued a new NPDES permit for the Noland Wastewater Treatment Facility. Highlights are below.
• Effective March 1,2013 —February 28,2018
Staff comment: This is the normal five year permit period.
• Based on 11.2 million gallons per day(mgd)flow, as is last permit; acknowledges W WTF design flow of 12.6 mgd
Staff comment: This recognition of 12.6 mgd may help us get an increase due to adding West Fork.
Is Requires the City update and submit its sewer use ordinance to ADEQ, no later than February 28, 2014.
Staff comment: Fairly normal in permits;significant staff action for this year. Council action ultimately required.
• Added interim minerals limits effective March 1, 2013 —January 31,2018.These limits match the recommended
limits from the City of Fayetteville's draft Use Attainability Analysis(UAA).
o Chloride 60 parts per million (ppm)or milligrams per liter(mg/1)
o Sulfate 100 ppm or mg/I
o Total Dissolved Solids 440 ppm or mg/I
Staff comment: This grants science based temporary limits that we can meet, and establishes a deadline for approval
of the UAA and stream standards change request by the Pollution Control and Ecology Commission and USEPA.
• Added final minerals limits effective February 1, 2018—February 28,2018:
o Chloride 20 ppm or ing/I
o Sulfate 20 ppm or mg/I
o Total Dissolved Solids 160 ppm or mg/I
Staff comment: This establishes a date when we must physically meet these limits if the UAA and stream standards
change request is disapproved by the Arkansas Pollution Control and Ecology Commission or USEPA.
• Maintained the 1.0 ppm limit for total phosphorus
Staff comment: This is excellent; there is no requirement to change our treatment process for phosphorus at this time.
• Acknowledges that the UAA process is underway.
Staff comment: If our requested standards are adopted, we will need to submit a request to modify the permit.
• Added a requirement for monitoring and reporting Nitrate+Nitrite Nitrogen
Staff comment This is a small concern. Monitoring requirements are generally put in place to determine if limits
may be required in the next permit, and to establish what those limits may be. Typically, if the average concentration
is 10 ppm or greater, we'll be seeing 10 ppm as our future permit limit. Our staff has successfully optimized the
Noland treatment process and we should not have a problem meeting 10 ppm Nitrate + Nitrite Nitrogen a1 Noland.
• Reduced monitoring frequencies for all parameters except flow, CBODS, and biomonitoring.
Staff comment• This is excellent and will save us money in lab sampling costs. ADEQ lowered the frequencies as we
have a perfect compliance record during the previous NPDES permit in the reduced parameters.
• Requires the City certify technically based local limits(TBLL) within 12 months of the effective date of this permit,
or submit a written certification that local limits are not necessary at this time within 60 days of the effective date.
Staff comment: These are normal requirements with every permit renewal. Staff will handle as routine.
• Requires the City submit, during May,2013, an updated pretreatment program status report to the ADEQ.
Staff comment: This is a normal requirement with every permit renewal. Staff will handle as routine.
Noland NPDES Permit Bullet Notes 30Jan 13
Water,Sewer and Solid Waste Committee Agenda Page 29 of 29