HomeMy WebLinkAbout2014-12-09 - Agendas CITY OF
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�ay L�1 4 AGENDA
ATAS
Water, Sewer, and Solid Waste Committee
December 9, 2014
5:30 p.m. (or immediately after City Council Agenda Session)
City Hall — Room 326
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, Peggy Bell, CH2M Hill, Brian Pugh, Jeff Coles
From: Tim Nyander, Interim Director for Water& Sewer Functions
1. Call to Order
2. Roll Call
3. Approval of Minutes
4. Approval of Meeting Agenda
5. Old Business/Updates
a. Lake Seguoyah Sediment Removal Project
The paperwork, namely reinstatement of a Lake Sequoyah land lease, required to
facilitate acquisition of additional easements from the landowner adjacent to the
project, is nearing completion and will be ready for Council approval in January of
2015. Additional agreements with the City of Elkins and SourceGas for easement
access during pipeline installation have been completed. We will continue to acquire
supplies and materials to the extent practical to facilitate work on the pipeline and
other activities but do not expect to be able to take substantive action until early next
year.
b. White River Use Attainability Analysis (Minerals)
While there have been no definitive actions with regard to this issue, there has been
informal discussion between the EPA and ADEQ. Though no formal agreements have
been made, there is relatively strong indication that the EPA is likely going to look at the
issue of appropriate levels of minerals and appropriate methods for determining those
levels on a national scale over the next several years. The net effect of this potential
action could possibly be to reduce the urgency of efforts by the City on this issue. We
will likely still attempt to hold a meeting with ADEQ in the first part of 2015 to clarify the
expectations of the Department, once a new ADEQ Director is in place.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
c. Recycling and Trash Collection Facility Expansion and Improvements
McGoodwin, Williams, and Yates, the City's design consultant for the expansion of the
Recycling and Trash Collection Office building, is approximately 60% complete on the
design. MWY will present these preliminary plans at the Committee meeting.
d. Storm Water Update
Chris Brown, City Engineer
e. Illinois River Phosphorus
No change
6. New Business
a. Ozone Project
The bid for construction/installation of the ozone system was successfully conducted
on 21 November with JL Bryson the apparent low bidder a $867,010. This amount is
less than 2% higher than the actual engineer's estimate and well within the amount
certified. As has been previously noted, a budget adjustment will be required but
sufficient funds exist to cover the adjusted amount. Lead time for the actual equipment
is still significant and actual installation is not expected to be complete before late
spring or early summer of 2015. Staff requests a recommendation from the
Committee to the City Council.
b. Pretreatment Ordinance
The ordinance has been revised as required by permit and approved by ADEQ and the
City Attorney's office and is now ready for adoption by the full City Council. Staff
requests a recommendation from the Committee to the City Council.
c. Water Tank Maintenance (Painting), Baxter 5 MG AND Mt. Sequoyah,
Professional Engineering Services Contract with Garver, LLC
This proposed contract will provide for the engineering and construction observation to
paint the exterior and interior of the 5 MG tank on Baxter, the beneficial demolition and
sale of the 1 MG tank on Baxter, and to paint the exterior and interior of the Mt.
Sequoyah tank. The proposed services are not to exceed $149,900.
Staff requests a recommendation from the Committee to the City Council.
d. Contract Amendment for CH2M HILL Operations, Maintenance and Management
Services
This contract amendment pertains to the agreement between the City of Fayetteville
and CH2M HILL to operate, maintain and manage the City's Wastewater Treatment
Facilities and its pertinent systems, dated December 15, 2009, and recently extended
by Council action for an additional five years through December 31, 2019
2
The current amendment addresses the specific scope of work for 2015 is made
effective on January 1, 2015. The substantial changes to the agreement include a full
year of Utility Engineering and a significant increase in effort to be prepared to address
potential water quality issues, especially in the White River watershed. Staff requests
a recommendation from the Committee to the City Council.
e. Sanitary Sewer Evaluation Study, Professional Engineerin-q Services Contract
RJN Group, Inc.
Industry standards and Fayetteville's experiences establish that all of the collection
system requires full evaluation every 10 to 15 years. These evaluations and
subsequent repairs will prevent future sanitary sewer overflows (SSOs) and help
protect the environment and the City. This project will include field investigations and
the development of recommended sewer improvements. The proposed services are
not to exceed $1,116,251. Staff requests a recommendation from the Committee
to the City Council.
7. Reports
a. Capital Project Update
Number Project Description Contractor Cost %Complete
1 Greenland Gravity Sewer Improvements Forsgren, Inc. $1,242,968.30 86%
$577,221 In Design
2 White River Stream bank Restoration Design WCRC ETA 2015
3 Swr Rehab-Cured in Place Pipe City Wide Insituform $330,000 40%
4 South Mountain Pump Station Rehab Design/Const. In-House $200,000 75%
5 Ramsey/Overcrest Sewer Replacement Design Phase McClelland Engrs $228,644 10%
Hwy 112(Maple Street)Water and Sewer Relocations
6 AHTD Job 040582 Brothers Construction $1,256,345 6%
West Water Transmission Line Survey and Easement $1,000,000
7 Acquisitions McClelland Engrs 30%
18-inch water main for Regional Park and Kessler tans— $105,600
8 Design Phase Garver Engineer 95%
Replace 4 Irrigation Reels for Biosolids Management $144,000
10 Site Keeling Company 50%
12 Noland Transformer Repair(x2) BluelnGreen $1,780,825 10%
Beaver Watershed $58,562
13 Cost Share for trend analysis in Beaver Lake Alliance 50%
14 BMS Thermal Dryer Bearing and Drive Shaft AIT,Services, Inc. $52,043.25 50%
15 Noland Transformer Repair(x2) Finalizing Specifications $65,000 0%
16 Noland VFD(4)and motor rebuild(4)for aeration basin Finalizing Specifications $50,000 0%
17 Noland Effluent Storage Reservoir Fence Finalizing Specifications $60,000 0%
7?
18 Noland Ozone Construction Bids Open Nov 21, 2014 0%
3
B. Presentations
9. Attachments
Pretreatment Ordinance
Tank Maintenance Contract
CH2M HILL Contract Amendment
SSES Contract
Map of Lake Sequoyah and Land Lease Area
Draft Copy of Lake Sequoyah Land Lease
Corrected Easement Description
Map of Corrected Easement for Pipeline Installation
10.Adiourn
Next Water, Sewer, Solid Waste Committee meets on Tuesday, January 13, 2015, 5:30
p.m., room 326.
4
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
ARTICLE III 51.071 Applicability
DISCHARGE AND This article shall apply to all users of the WRRF.
PRETREATMENT REGULATIONS
(Ord. No. 3965, §§2, 3(Exh.A), 5-7-96; Ord. No.4088, 4-7-
98;Code 1991,§51.071)
51.070 Purpose
This article sets forth standards and requirements for 51.072 Administration
users of the Water Resource Recovery Facility Except as otherwise provided herein, the City, as
(WRRF)for the City of Fayetteville and enables the city defined in this article, shall administer, implement,
to comply with all applicable federal and state laws, and enforce the provisions of this article. Any powers
including Clean Water Act (33 U.S.C. §1251 et seq.) granted to or duties imposed upon the City may be
and the General Pretreatment Regulations (40 CFR delegated by the City to his/her authorized
403). The objectives of this article are: representative.
(A) To prevent the introduction of pollutants into the (Code 1991,§51.072)
WRRF that will interfere with its operation or
contaminate its resulting biosolids; 51.073 Abbreviations
B To prevent the introduction of pollutants into the The following abbreviations shall have the designated
( ) p p meanings:
WRRF which will pass through the WRRF,
inadequately treated, into receiving waters or See table.
otherwise be incompatible with the WRRF;
(C) To protect both WRRF personnel who may be BOD Biochemical oxygen demand
affected by wastewater and biosolids in the course BMP Best Management Practice
of their employment and the general public;
(D) To improve opportunities for reuse and recycling CFR Code of Federal Regulations
of wastewater and biosolids from the WRRF; CIU Categorical Industrial User
(E) To provide for fees for the equitable distribution of EPA U.S.Environmental Protection Agency
the cost of operation, maintenance, and
improvement of the WRRF; gpd gallons per day
(F) To enable the city to comply with its National NPDES National Pollutant Discharge Elimination
Pollutant Discharge Elimination System permit System
conditions, biosolids use and disposal NAICS North American Industrial Classification
requirements, and any other federal or state laws System
to which the WRRF is subject;and
RCRA Resource Conservation and Recovery Act
(G) To provide for penalties for violations of the
regulations established herein. TSS Total suspended solids
(H) To encourage pollution prevention through waste SIU Significant Industrial User
minimization, source reduction, reuse practices,
recycling, and water and energy conservation. SNC Significant Noncompliance
This article authorizes the issuance of wastewater U.S.C. United States Code
discharge permits; provides for monitoring, WRRF Water Resource Recovery Facility
compliance, and enforcement activities; establishes
administrative review procedures; requires user (Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Code 1991,
reporting; and provides for the setting of fees for the §51.073)
equitable distribution of costs resulting from the
program established herein. 51.074 Definitions
(Ord. No. 3965, 5-7-96; Ord. No. 4088, §1, 4-7-98; Code Unless a provision explicitly states otherwise, the
1991,§51.070) following terms and phrases, as used in this article,
shall have the meanings hereinafter designated.
Act or the Act The Federal Water Pollution
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
Control Act, also known as the Clean Water Act, as Best Management Practices or BMPs. Schedules
amended,33 U.S.C.§1251 et seq. of activities, prohibitions of practices, maintenance
procedures, and other management practices to
Approval Authority. Arkansas Department of implement the prohibitions listed in 51.075(6) (1) and
Environmental Quality. (2). BMPs include treatment requirements, operating
procedures, and practices to control plant site runoff,
Authorized signatory or authorized or duly spillage or leaks, sludge or waste disposal, or
authorized representative of the user. drainage from raw materials storage. BMPs also
include alternative means(i.e., management plans)of
(1) If the user is a corporation: complying with, or in place of certain established
categorical Pretreatment Standards and effluent
(a) The president, secretary, treasurer, or a limits.
vice-president of the corporation in
charge of a principal business function,or Biochemical oxygen demand (BOD). The
any other person who performs similar quantity of oxygen utilized in the biochemical
policy- or decision-making functions for oxidation of organic matter under standard laboratory
the corporation;or procedures for five days at 20° centigrade, usually
expressed as a concentration of milligrams per liter
(b) The manager of one or more (mg/1).
manufacturing, production, operating
facilities, provided the manager is Categorical pretreatment standard or categorical
authorized to make management standard. Any regulation containing pollutant
decisions that govern the operation of the discharge limits promulgated by EPA in accordance
regulated facility including having the with §§307(b) and (c) of the Act (33 U.S.C. §1317)
explicit or implicit duty of making major which apply to a specific category of users and which
capital investment recommendations, and appear in 40 CFR Chapter 1, Article N, Parts 405-
initiate and direct other comprehensive 471.
measures to assure long term
environmental compliance with Categorical Industrial User (CIU). An Industrial
environmental laws and regulations; can User subject to a categorical Pretreatment Standard
ensure that the necessary systems are or categorical Standard.
established or actions taken to gather
complete and accurate information for City. The mayor or his/her duly authorized
individual wastewater discharge permit representative, or the City of Fayetteville, the
requirements; and where authority to sign Fayetteville City Council or its duly authorized
documents has been assigned or representative. The City is the Control Authority as
delegated to the manager in accordance defined in 40 CFR 403.3(f)(1).
with corporate procedures.
Control Authority. The City.
(2) If the user is a partnership or sole
proprietorship:A general partner or proprietor, Composite sample. The sample resulting from
respectively. the combination of individual wastewater samples
taken at selected intervals based on an increment of
(3) If the user is a federal, state or local either flow or time,as specified by the City.
governmental facility: A director or highest
official appointed or designated to oversee the Daily Maximum. The arithmetic average of all
operation and performance of the activities of effluent samples for a pollutant collected during a
the government facility. calendar day.
(4) The individuals described in paragraphs (1) Daily Maximum Limit. The maximum allowable
through (3) above may designate another discharge limit of a pollutant during a calendar day.
authorized representative if the authorization Where Daily Maximum Limits are expressed in units
is in writing, the authorization specifies the of mass, the daily discharge is the total mass
individual or position responsible for the discharged over the course of the day. Where Daily
overall operation of the facility from which the Maximum Limits are expressed in terms of a
discharge originates or having overall concentration, the daily discharge is the arithmetic
responsibility for environmental matters for average measurement of the pollutant concentration
the company, and the written authorization is derived from all measurements taken that day.
submitted to the City.
Domestic waste. Liquid and water-carried waste
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
generated by a typical household or waste comprised (b).
of waste equivalent to that generated by a typical
household - human excrement and gray water May. Discretionary or permissive.
(household showers, dishwashing operations, etc.).
This does not include waste from commercial or Monthly Average. The sum of all "daily
industrial processes whether generated at a household discharges" measured during a calendar month
or other premises. divided by the number of"daily discharges" measured
during that month.
Environmental Protection Agency (EPA). The
U.S. Environmental Protection Agency or it's Monthly Average Limit. The highest allowable
authorized representative. average of"daily discharges" over a calendar month,
calculated as the sum of all "daily discharges"
Existing source. Any source of discharge that is measured during a calendar month divided by the
not a"New Source." number of "daily discharges" measured during that
month.
Grab sample. An individual sample collected over
a period of time not to exceed 15 minutes. Medical waste. Isolation wastes, infectious
agents, human blood and blood products,
Hauled Wastewater. Wastewater that is loaded to pathological wastes, sharps, body parts,
a tanker truck, a portable tank or other container and contaminated bedding, surgical wastes, potentially
conveyed to another location for discharge. Hauled contaminated laboratory wastes,and dialysis wastes.
wastewater includes, but is not limited to, septic tank
waste and portable toilet waste. National Pollutant Discharge Elimination System
(NPDES)permit. A permit issued to a WRRF or other
Indirect discharge or discharge. The introduction discharger pursuant to§402 of the Act.
of pollutants into the WRRF from any nondomestic
source. New source.
Industrial user. A discharger into the WRRF of (1) Any building, structure, facility, or installation
nondomestic wastewater. from which there is (or may be) a discharge
of pollutants, the construction of which
Interference. A discharge that, alone or in commenced after the publication of
conjunction with a discharge or discharges from other proposed pretreatment standards under
sources, inhibits or disrupts the WRRF, its treatment §307(c)of the Act which will be applicable to
processes or operations or its biosolids processes, use such source if such standards are thereafter
or disposal and therefore, is a cause of a violation of promulgated in accordance with that section,
the City's NPDES permit or a cause of the prevention provided that:
of biosolids use or disposal in compliance with any of
the following statutory/regulatory provisions or permits (a) The building, structure, facility, or
issued thereunder, or any more stringent State or local installation is constructed at a site at
regulations: §405 of the Act;the Solid Waste Disposal which no other source is located; or
Act, including Title II commonly referred to as the
Resource Conservation and Recovery Act (RCRA); (b) The building, structure, facility, or
any State regulations contained in any State biosolids installation totally replaces the process
management plan prepared pursuant to Subtitle D of or production equipment that causes the
the Solid Waste Disposal Act; the Clean Air Act; the discharge of pollutants at an existing
Toxic Substances Control Act; and the Marine source;or
Protection, Research,and Sanctuaries Act.
(c) The production or wastewater
Instantaneous limit. The maximum concentration generating processes of the building,
of a pollutant allowed to be discharged at any time, structure, facility, or installation are
determined from the analysis of any discrete or substantially independent of an existing
composite sample collected, independent of the source at the same site. In determining
industrial flow rate and the duration of the sampling whether these are substantially
event. independent, factors such as the extent
to which the new facility is integrated
Local Limit. Specific discharge limits developed with the existing plant, and the extent to
and enforced by the City upon industrial or commercial which the new facility is engaged in the
facilities to implement the general and specific same general type of activity as the
discharge prohibitions listed in 40 CFR 403.5(a)(1)and existing source, should be considered.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
permit, including an increase in the magnitude or
(2) Construction on a site at which an existing duration of a violation.
source is located results in a modification
rather than a new source if the construction Person. Any individual, partnership, co-
does not create a new building, structure, partnership, firm, company, corporation, association,
facility, or installation meeting the criteria of joint stock company, trust, estate, governmental
§(1)(b) or (c) above but otherwise alters, entity, or any other legal entity; or their legal
replaces, or adds to existing process or representatives, agents, or assigns. This definition
production equipment. includes all federal, state, or local governmental
entities.
(3) Construction of a new source as defined
under this paragraph has commenced if the pH. A measure of the acidity or alkalinity of a
owner or operator has: substance,expressed in standard units.
(a) Begun, or caused to begin as part of a Pharmaceutical drug. Also referred to as
continuous onsite construction program: medicine, medication or medicament, can be loosely
defined as any chemical substance intended for use
(i) Any placement, assembly, or in the medical diagnosis, cure, treatment, or
installation of facilities or equipment; prevention of disease.
or
Pollutant. Any dredged spoil, solid waste,
(ii) significant site preparation work incinerator residue, sewage, garbage, biosolids,
including clearing, excavation, or munitions, medical wastes, chemical wastes,
removal of existing buildings, biological materials, radioactive materials, heat,
structures, or facilities which is wrecked or discarded equipment, rock, sand, cellar
necessary for the placement, dirt, municipal, agricultural and industrial wastes, and
assembly, or installation of new certain characteristics of wastewater (e.g., pH, TSS,
source facilities or equipment;or turbidity, color, BOD, chemical oxygen demand
(COD),toxicity, or odor).
(b) Entered into a binding contractual
obligation for the purchase of facilities or Pollution Prevention (P2). Waste reduction prior
equipment which are intended to be used to recycling, treatment, or disposal. Pollution
in its operation within a reasonable time. prevention means "source reduction" as defined
Options to purchase or contracts which under the Pollution Prevention Act, and other
can be terminated or modified without practices that reduce or eliminate the creation of
substantial loss, and contracts for pollutants through increased efficiency in the use of
feasibility, engineering, and design raw materials, energy, water, or other resources, or
studies do not constitute a contractual protection of natural resources by conservation, or
obligation under this paragraph. use of less toxic alternatives.
Noncontact cooling water. Water used for cooling Pretreatment. The reduction of the amount of
that does not come into direct contact with any raw pollutants, the elimination of pollutants, or the
material, intermediate product, waste product, or alteration of the nature of pollutant properties in
finished product. wastewater prior to (or in lieu of) introducing such
pollutants into the WRRF. This reduction or alteration
North American Industry Classification System can be obtained by physical, chemical, or biological
(NAICS) is the standard used by Federal statistical processes; by process changes; or by other means
agencies in classifying business establishments for the except by diluting the concentration of the pollutants
purpose of collecting, analyzing, and publishing unless allowed by an applicable pretreatment
statistical data related to the U.S. business economy. standard.
NAICS was developed under the auspices of the Office
of Management and Budget (OMB) and adopted in Pretreatment requirements. Any substantive or
1997 to replace the Standard Industrial Classification procedural requirement, other than a pretreatment
(SIC)system. standard, related to pretreatment and imposed on a
user.
Pass through. A discharge which exits the WRRF
into waters of the United States in quantities or Pretreatment standards or standards.
concentrations which, along or in conjunction with a Pretreatment standards shall mean prohibited
discharge or discharges from other sources, is a cause discharge standards, categorical pretreatment
of a violation of any requirement of the city's NPDES standards, narrative BMPs, and local limits.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
classification pursuant to the Standard Industrial
Prohibited discharge standards or prohibited Classification Manual issued by the United States
discharges. Prohibitions against the discharge of Office of Management and Budget.
certain substances; these prohibitions appear in
§51.075(6)of this article. State. State of Arkansas.
Qualified professional. A person who is proven to Storm water. Any flow occurring during or
be competent or suited for a specific position or task. following any form of natural precipitation, and
resulting from such precipitation, including snowmelt.
Sewage. Human excrement and gray water
(household showers, dishwashing operations,etc.). Surcharge. A service charge in addition to the
normal monthly rate which shall be assessed to the
Shall. Mandatory. significant industrial users who discharge into the city
system wastewater having an average BOD
Significant industrial user. concentration in excess of 300 milligrams per liter or
an average TSS concentration in excess of 300
(1) A user subject to categorical pretreatment milligrams per liter.
standards;or
Total suspended solids. The total suspended
(2) A user that: matter that floats on the surface of, or is suspended
in, water, wastewater, or other liquid, and which is
(a) Discharges an average of 25,000 gpd or removable by laboratory filtering.
more of process wastewater to the
WRRF (excluding sanitary, noncontract Toxic pollutant. Any pollutant or combination of
cooling, and boiler blowdown pollutants listed as toxic in regulations promulgated by
wastewater); or EPA under§307(33 U.S.C.§1317)of the Act.
(b) Contributes a process wastestream Treatment plant's effluent. The discharge from
which makes up 5% or more of the the wastewater treatment plant into the receiving
average dry weather hydraulic or organic stream.
capacity of the WRRF treatment plant;or
User. Any person who contributes or permits the
(c) Is designated as such by the City on the contribution of wastewater into the WRRF.
basis that it has a reasonable potential
for adversely affecting the WRRF's Wastewater. Liquid and water-carried industrial
operation or for violating any wastes and sewage from residential dwellings,
pretreatment standard or requirement. commercial buildings, industrial and manufacturing
facilities,and institutions.
(3) Upon a finding that a user meeting the criteria
in (2) has no reasonable potential for Wastewater treatment plant. That portion of the
adversely affecting the WRRF's operation or WRRF which is designed to provide treatment of
for violating any pretreatment standard or municipal sewage and compatible industrial waste.
requirement, the City may at any time, on its
own initiative or in response to a petition Water Resource Recovery Facility (WRRF). A
received from a user(and in accordance with "treatment works," as defined by §212 of the Act (33
procedures in 40 CFR 403.8(f)(6) determine U.S.C. §1292) which is owned by the City. This
that such user should not be considered a definition includes any devices or systems used in the
significant industrial user. collection, storage, treatment, recycling, and
reclamation of sewage or industrial wastes of a liquid
Slug load or slug. Any discharge at a flow rate or nature and any conveyances which convey
concentration which could cause a violation of the wastewater to a treatment plant. The WRRF is the
prohibited discharge standards in this article or any Publicly Owned Treatment Works or POTW as
discharge of a nonroutine, episodic nature, including defined in 40 CFR 403.3(q).
but not limited to, an accidental spill or a noncustomary
batch discharge, which has a reasonable potential to (Ord. No. 3965, §§2, 3(Exh. A), 5-7-96; Ord. No. 4088, §2,
cause interference or pass through, or in any other way 4-7-98;Code 1991,§51.074)
violate the City's regulations, local limits or permit
conditions. 51.075 General Sewer Use Requirements
Standard Industrial Classification (SIC) Code. A (A) Wastewater generated by development located in
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
100-year floodplain not to be transported or (1) General prohibitions. No person shall
treated by facilities constructed under EPA Project introduce or cause to be introduced into the
No. C-050366-01 for 50 years. WRRF any pollutant or wastewater which
causes, or has the potential to cause, pass
(1) For the purpose of this section area of through or interference. These general
existing development shall mean an area prohibitions apply to all users of the WRRF
which, at the EPA issued a finding of no whether or not they are subject to categorical
significant impact for EPA Project No. C- pretreatment standards or any other federal,
050366-01 was: state, or local pretreatment standards or
requirements.
(a) Occupied by existing structures or
facilities; (2) Specific Prohibitions. No person shall
introduce or cause to be introduced into the
(b) Substantially surrounded by existing WRRF the following pollutants, substances,
structures or facilities and which serves or wastewater:
no significant independent natural
floodplain function;or (a) Pollutants which create a fire or
explosive hazard in the WRRF,
(c) Characterized by substantial investment including, but not limited to,
in public infrastructure but which is only wastestreams with a closed-cup
partially occupied by structures or flashpoint of less than 140° Fahrenheit
facilities. (60°C) using the test methods specified
in 40 CFR 261.21;
(2) No wastewater generated by development
located in the 100-year floodplain shall be (b) Wastewater having a pH less than 5.0
transported or treated by facilities constructed or more than 12.4, or otherwise causing
under EPA Project No. C-050366-01 for a corrosive structural damage to the
period of 50 years from January 1, 1987, WRRF or equipment;
except that service may be provided to:
(c) Solid or viscous substances including,
(a) Areas of existing development in a but not limited to, fats, oil or grease of
floodplain; animal or vegetable in amounts which
will cause obstruction of the flow in the
(b) Commercial or public facilities which by WRRF resulting in interference but in no
nature must be located in a floodplain; case solids greater than one-half inch in
any dimension;
(c) Areas of projected growth if the
environmental information document for (d) Pollutants, including oxygen-demanding
EPA Project No. C-050366-01 pollutants (BOD, etc.), released in a
demonstrates that proposed development discharge at a flow rate and/or pollutant
will be consistent with the floodplain concentration which, either singly or by
management criteria for flood-prone interaction with other pollutants, will
areas (44 CFR 60.3) of the Federal cause interference with the WRRF;
Emergency Management Agency
(FEMA) and will have no significant (e) Wastewater having a temperature
impacts on natural functions and values greater than 150° Fahrenheit(65° C), or
of the floodplain; or which will inhibit biological activity in the
treatment plant resulting in interference,
(d) An area of projected growth if an but in no case wastewater which causes
environmental impact statement the temperature at the introduction into
demonstrates that there is no practicable the treatment plant to exceed 1040
alternative to such growth, that such Fahrenheit(40°C);
growth will be consistent with the
floodplain management criteria for flood- (f) Petroleum oil, nonbiodegrable cutting
prone areas(44 CFR 60.3)of FEMA, and oil, or products of mineral oil origin, in
that the benefits of such growth outweigh amounts that will cause interference or
its environmental costs. pass through;
(B) Prohibited discharge standards. (g) Pollutants which result in the presence
of toxic gases, vapors, or fumes within
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
the WRRF in a quantity that may cause
acute worker health and safety problems; (r) Any material into a manhole through its
top unless specifically authorized by the
(h) Trucked or hauled pollutants, except at City.
discharge points designated by the City
in accordance with §51.076(D) of this (s) Non-flushable wipes, non-dispersible
article; wipes, and non-biodegradable wipes
including, but not limited to, baby wipes,
(i) Any liquids, gases, solids, or other paper towels, dusting wipes, cleaning
wastewater which, either singly or by wipes, and disposable mop heads.
interaction with other wastes, are
sufficient to create a public nuisance or a Pollutants, substances, or wastewater
hazard to life, or to prevent entry into the prohibited by this section shall not be processed
sewers for maintenance or repair; or stored in such a manner that they could be
discharged to the WRRF.
(j) Wastewater which imparts color which
cannot be removed by the treatment (C) Categorical pretreatment standards or categorical
process, such as, but not limited to, dye, standards. Any regulation containing pollutant
wastes and vegetable tanning solutions, discharge limits promulgated by EPA in
which consequently imparts color to the accordance with sections 307(b) and (c) of the
treatment plant's effluent, thereby Act (33 U.S.C. section 1317) that apply to a
violating the city's NPDES permit; specific category of Users and that appear in 40
CFR Chapter I, Subchapter N, Parts 405-471.
(k) Wastewater containing any radioactive Users must comply with the categorical
wastes or isotopes except in compliance pretreatment standards. Categorical pretreatment
with applicable federal or state standards are hereby incorporated.
regulations and approved by the City;
(1) Where a categorical pretreatment standard
(1) Storm water, surface water, ground is expressed only in terms of either the mass
water, artesian well water, roof runoff, or the concentration of a pollutant in
subsurface drainage, condensate, wastewater, the City may impose equivalent
deionized water, noncontact cooling concentration or mass limits in accordance
water, and unpolluted wastewater, unless with 40 CFR 403.6(c).
specifically authorized by the City;
(2) When wastewater subject to a categorical
(m) Sludges, screenings, or other residues pretreatment standard is mixed with
from the pretreatment of industrial wastewater not regulated by the same
wastes; standard, the City shall impose an alternate
limit using the combined wastestream
(n) Medical wastes or pharmaceutical drugs, formula in 40 CFR 403.6(e).
except as specifically authorized by the
City; (3) A user may obtain a variance from a
categorical pretreatment standard if the user
(o) Wastewater causing, alone or in can prove, pursuant to the procedural and
conjunction with other sources, the substantive provisions in 40 CFR 403.13,
WRRF to violate its NPDES permit or the that factors relating to its discharge are
treatment plant's effluent to fail a toxicity fundamentally different from the factors
test; considered by EPA when developing the
categorical pretreatment standard.
(p) Any substance which may cause the
WRRF's effluent or other product of the (4) A user may obtain a net gross adjustment to
WRRF such as residues, biosolids or a categorical standard in accordance with 40
scums, to be unsuitable for normal CFR 403.15.
landfill/land application, reclamation or
reuse, or to interfere with the reclamation (D) Local limits. To protect against pass through and
process; interference, no Industrial User may discharge or
cause to be discharged into the WRRF any
(q) Detergents, surface-active agents, or wastewater pollutant concentration exceeding the
other substances which may cause Technically Based Local Limits (TBLLs)
excessive foaming in the WRRF; developed from time to time by the City as
FAYETTEVILLE CODE OF ORDINANCES
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required by Part III in City of Fayetteville NPDES responsibility of modifying such facilities as
permits No. AR0020010 and AR0050288 necessary to produce a discharge acceptable to
authorized by 40 CFR 403.5 (c) and approved by the City under the provisions of this article.
the Approval Authority. TBLLs based on
calculated Maximum Allowable Industrial Loadings (B) Additional pretreatment measures.
are located in the City's Pretreatment Program,
Part 2. At the discretion of the City,TBLLs may be (1) Whenever deemed necessary, the City may
imposed and shall apply at the "monitoring point" require users to restrict their discharge
described in the individual industrial wastewater during peak flow periods, designate that
discharge permits. All concentration limits for certain wastewater be discharged only into
metals shall be in terms of "total" metals unless specific sewers, relocated and/or consolidate
otherwise indicated. At the discretion of the City, points of discharge, separate sewage
mass limitations may be imposed in addition to or wastestreams from industrial wastestreams,
in place of concentration based TBLLs. The City and such other conditions as may be
may also develop BMPs in individual wastewater necessary to protect the WRRF and
discharge permits, to implement specific pollutant determine the user's compliance with the
limitations. Such BMPs shall be considered Local requirements of this article.
Limits and Pretreatment Standards. When new
Local Limits are implemented or revised, the City (2) The City may require any person discharging
will provide individual notice to parties who have into the WRRF to install and maintain, on
requested such notice and an opportunity to their property and at their expense, a
respond,as set forth by 40 CFR 403.5(c)(3). suitable storage and flow-control facility to
ensure equalization of flow. A wastewater
(E) Right of revision. The city reserves the right to discharge permit may be issued solely for
establish, by ordinance or in wastewater discharge flow equalization.
permits, more stringent standards or requirements
on discharges to the WRRF. (3) Grease, oil, and sand interceptors shall be
provided when, in the opinion of the City,
(F) Dilution. No user shall ever increase the use of they are necessary for the proper handling of
process water, or in any way attempt to dilute a wastewater containing excessive amounts of
discharge, as a partial or complete substitute for grease and oil, or sand; except that such
adequate treatment to achieve compliance with a interceptors shall not be required for
discharge limitation unless expressly authorized residential users. All interception units shall
by an applicable pretreatment standard or be of type and capacity approved by the City
requirement. The City may impose mass and shall be so located to be easily
limitations on users which are using dilution to accessible for cleaning and inspection. Such
meet applicable pretreatment standards or interceptors shall be inspected, cleaned, and
requirements, or in other cases when the repaired regularly, as needed, by the user at
imposition of mass limitations is appropriate. the user's expense.
(Ord. No. 3965, §§2, 3, Exh.A, 5-7-96; Ord. No. 4088, §3, 4- (4) Users with the potential to discharge
7-98;Code 1991,§51.075) flammable substances may be required to
install and maintain an approved
51.076 Pretreatment of Wastewater combustible gas detection meter.
(A) Pretreatment facilities. Users shall provide (5) At the City's discretion and when deemed
wastewater treatment as necessary to comply with necessary the industrial user shall have a
this article and shall achieve compliance with all licensed wastewater treatment operator on
pretreatment standards, local limits, and the duty at all times when treating and
prohibitions set out in §51.075(6) of this article discharging regulated wastewater to the
within the time limitations specified by EPA, the City's collection system. Said operator shall
state, or the City, whichever is more stringent. meet the license or level of operator
Any facilities necessary for compliance shall be qualifications deemed necessary for proper
provided, operated, and maintained at the user's treatment per Arkansas Pollution Control and
expense. Detailed plans describing such facilities Ecology Commission's Regulation#3.
and operating procedures shall be submitted to
the City for review, and shall be acceptable by the (C) Accidental discharge/slug control plans. The City
City before such facilities are constructed. The shall evaluate whether each significant industrial
review of such plans and operating procedures user needs an accidental discharge/slug control
shall in no way relieve the user from the plan or other action to control slug discharges.
FAYETTEVILLE CODE OF ORDINANCES
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The City may require any user to develop, submit discharge of hauled industrial waste is
for approval, and implement such a plan or take subject to all other requirements of this
such other action that may be necessary to control article.
slug discharges. Alternatively, the City may
develop such a plan for any User. An accidental (3) If the industrial waste is from a categorical
discharge/slug control plan shall address, at a user, the hauled wastewater must include
minimum,the following: waste analysis proving it meets the required
limitations of its respective category.
(1) Description of discharge practices, including
nonroutine batch discharges; (4) Domestic waste haulers and industrial waste
haulers may only discharge loads at
(2) Description of stored chemicals; locations designated by the City. No load
may be discharged without prior consent of
(3) Procedures for immediately notifying the City the City. The City may collect samples of
of any accidental or slug discharge, as each hauled load to ensure compliance with
required by §51.079(F) of this article. Such applicable standards. The City may require
notification must also be given for any the hauler to provide a waste analysis of any
discharge which would violate any of the load prior to discharge.
prohibited discharges in §51.075(B) of this
article;and (5) Domestic waste and industrial waste haulers
must provide a waste-tracking form for every
(4) Procedures to prevent adverse impact from load. This form shall include, at a minimum,
any accidental or slug discharge. Such the name and address of the waste hauler,
procedures include, but are not limited to, permit number, truck identification, names
inspection and maintenance of storage areas, and addresses of sources of waste, and
handling and transfer of materials, loading volume and characteristics of waste. For
and unloading operations, control of plant site industrial waste, the form shall identify the
runoff, worker training, building of type of industry, known or suspected waste
containment structures or equipment, constituents, and whether any wastes are
measures for containing toxic organic RCRA hazardous wastes.
pollutants (including solvents), and/or
measures and equipment for emergency (6) Any waste not deemed domestic by the City
response. will be handled on a case by case basis at
the discretion of the City.
(D) Hauled wastewater.
(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Code 1991,
Hazardous waste will not be accepted by truck or §51.076)
liquid waste hauler at the WRRF.
51.077 Wastewater Discharge Permit
(1) Domestic waste haulers are required to Application
submit an application to discharge liquid
wastes. This application must be (A) Wastewater analysis. When requested by the
accompanied by a fee in accordance with City, a user must submit information on the
§51.137(G). Hauled domestic waste may be nature and characteristics of the user's
introduced into the WRRF only at locations wastewater within thirty (30) days of request,
approved by the City and at such times as are unless otherwise specified. The City is
established by the City. Such wastes shall authorized to prepare a form for this purpose and
not violate §51.075 of this article or any other may periodically require users to submit or
requirements established by the City. A fee update the information.
must be paid for each domestic waste load in
accordance with §51.137(G). The City may (B) Wastewater discharge permit requirement.
require the domestic waste haulers to obtain
wastewater discharge permits. (1) No significant industrial user shall discharge
wastewater into the WRRF without first
(2) The City may require haulers of industrial obtaining a wastewater discharge permit
waste to obtain wastewater discharge from the City, except a significant industrial
permits. The City may require generators of user that has filed a timely application
hauled industrial waste to obtain wastewater pursuant to §51.077(C) of this article may
discharge permits. The City also may prohibit continue to discharge for the time period
the disposal of hauled industrial waste. The specified therein.
FAYETTEVILLE CODE OF ORDINANCES
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narrative;
(2) The City may require other users to obtain
wastewater discharge permits as necessary (3) Number of employees, hours of operation,
to carry out the purposes of this article. and proposed or actual hours of operation;
(3) Any violation of the terms and conditions of a (4) Each product produced by type, amount,
wastewater discharge permit shall be deemed process or processes, and rate of
a violation of this article and subjects the production;
wastewater discharge permittee to the
sanctions set out in §51.082 through §51.084 (5) Type and amount of raw materials
of this article. Obtaining a wastewater processed(average and maximum per day);
discharge permit does not relieve a permittee
of its obligation to comply with all federal and (6) Comprehensive site plans, floor plans,
state pretreatment standards or requirements mechanical and plumbing plans, and details
or with any other requirements of federal, to show all sewers, floor drains, chemical
state,and local law. storage areas, and appurtenances by size,
location, and elevation, and all points of
(C) Wastewater discharge permitting; existing discharge. A qualified professional must
connections. Any non-permitted user required to certify to the accuracy of this schematic(s);
obtain a wastewater discharge permit, who was
discharging wastewater into the WRRF prior to the (7) Time, average gallons per day discharged
effective date of this article and who wishes to and duration of discharges;and
continue such discharges in the future, shall,
within 90 days after said date, apply to the City for (8) Any other information as may be deemed
a wastewater discharge permit in accordance with necessary by the City to evaluate the
§51.077(E) of this article, and shall not cause or wastewater discharge permit application.
allow discharges to the WRRF to continue after
180 days of the effective date of this article except (9) Pollution Prevention (P2) activities such as
in accordance with a wastewater discharge permit source reduction, waste minimization,
issued by the City. environmental management systems, water
and energy conservation, and use of less
(D) Wastewater discharge permitting: new toxic alternatives.
connections. Any user required to obtain a
wastewater discharge permit that proposes to Incomplete or inaccurate applications will not
begin or recommence discharging into the WRRF be processed and will be returned to the user for
must obtain such permit prior to the beginning or revision.
recommending of such discharge. An application
for this wastewater discharge permit, in (F) Application signatories and certification. All
accordance with§51.077(E)of this article, must be wastewater discharge permit applications and
filed at least 90 days prior to the date upon which user reports must be signed by an authorized
any discharge will begin or recommence. signatory of the user and contain the following
certification statement:
(E) Wastewater discharge permit application contents.
All users required to obtain a wastewater I certify under penalty of law that this
discharge permit must submit a permit application document and all attachments were
accompanied by a fee in accordance with prepared under my direction or supervision
51.137(H). The City may require a user to submit in accordance with a system designed to
as part of an application the following information: assure that qualified personnel properly
gather and evaluate the information
(1) The information required by §51.079(A)(2) of submitted. Based on my inquiry of the
this article; person or persons who manage the system,
or those persons directly responsible for
(2) A comprehensive description of activities, gathering the information, the information
facilities, and plant processes on the submitted is, to the best of my knowledge
premises, including a list of all raw materials and belief, true, accurate, and complete. I
and chemicals (not just trade names) used or am aware there are significant penalties for
stored at the facility which are, or could submitting false information, including the
accidentally or intentionally be, discharged to possibility of fine and imprisonment for
the WRRF. A qualified professional must knowing violations.
certify to the accuracy of this process
FAYETTEVILLE CODE OF ORDINANCES
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(G) Wastewater discharge permit decisions. The City compliance schedule. Such schedule
will evaluate the data furnished by the user and may not extend the time for compliance
may require additional information. Within 90 days beyond that required by applicable
of receipt of a complete wastewater discharge federal, state, or local law.
permit application, the City will determine whether
or not to issue a wastewater discharge permit. (f) Requirements to control Slug Discharge,
The City may deny any application for a if determined by the City to be
wastewater discharge permit. necessary.
(Ord. No.3965,§§2,3(Exh.A),5-7-96;Code 1991,§51.077) (2) Wastewater discharge permits may contain,
but need not be limited to, the following
51.078 Wastewater Discharge Permit conditions:
Issuance Process
(a) Limits on the average and/or maximum
(A) Wastewater discharge permit duration. rate of discharge, time of discharge,
Wastewater discharge permits shall be issued for and/or requirements for flow regulation
a specified time period, not to exceed five years and equalization;
from the effective date of the permit. A
wastewater discharge permit may be issued fora (b) Requirements for the installation and
period less than five years, at the discretion of the maintenance of pretreatment
City. Each wastewater discharge permit will technology, pollution control, or
indicate a specific date upon which it will expire. construction of appropriate containment
devices, designed to reduce, eliminate,
(B) Wastewater discharge permit contents. or prevent the introduction of pollutants
Wastewater discharge permits shall include such into the treatment works;
conditions as are deemed reasonably necessary
by the City to prevent pass through or (c) Requirements for the development and
interference, protect the quality of the water body implementation of accidental
receiving the treatment plant's effluent, protect discharge/slug control plans or other
worker health and safety, protect the public, special conditions including
facilitate biosolids management and disposal, and management practices necessary to
protect against damage to the WRRF. adequately prevent accidental,
unanticipated, or non-routine
(1) Wastewater discharge permits must contain: discharges;
(a) A statement that indicates wastewater (d) Development and implementation of
discharge permit duration, which in no waste minimization plans to reduce the
event shall exceed five years; amount of pollutants discharged to the
WRRF;
(b) A statement that the wastewater
discharge permit is nontransferable (e) Requirements for installation and
except in accordance with§51.078(E). maintenance inspection and sampling
facilities and equipment;
(c) Effluent limits, including Best
Management Practices, based on (fl A statement that compliance with the
applicable pretreatment standards; wastewater discharge permit does not
relieve the permittee of responsibility for
(d) Self-monitoring, sampling, reporting, compliance with all applicable federal
notification, and record-keeping and state pretreatment standards,
requirements. These requirements shall including those which become effective
include an identification of pollutants (or during the term of the wastewater
best management practices) to be discharge permit;and
monitored, sampling location, sampling
frequency, and sample type based on (g) Other conditions as deemed appropriate
federal, state, and local law;and by the City to ensure compliance with
this article, and federal and state laws,
(e) A statement of applicable civil and rules,and regulations.
criminal penalties for violation of
pretreatment standards and (h) A licensed wastewater operator as
requirements, and any applicable deemed necessary on duty at all times
FAYETTEVILLE CODE OF ORDINANCES
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of treatment and discharge of regulated (6) Misrepresentations or failure to fully disclose
wastewater discharge to the City's all relevant facts in the wastewater discharge
collection system(per§51.076(B)(5)). permit application or in any required
reporting;
(C) Wastewater discharge permit appeals. A
permittee may petition the City to reconsider the (7) Revision of or a grant of variance from
terms of a wastewater discharge permit within 30 categorical pretreatment standards pursuant
days of notice of issuance of the discharge permit. to 40 CFR 403.13;
(1) Failure to submit a timely petition for review (8) To correct typographical or other errors in
shall be deemed to be a waiver of the the wastewater discharge permit;
administrative appeal.
(9) To reflect a transfer of the facility ownership
(2) In its petition, the appealing party must or operation to a new owner or operator
indicate the wastewater discharge permit where requested in accordance with
provisions objected to, the reasons for this 51.078(E).
objection, and the alterative condition, if any,
it seeks to place in the wastewater discharge (E) Wastewater discharge permit transfer.
permit. Wastewater discharge permits may be
transferred to a new owner or operator if the
(3) The effectiveness of the wastewater permittee gives at least seven days advance
discharge permit shall not be stayed pending notice to the City, provides a copy of the existing
the appeal. permit to the new owner or operator, and the City
approves the wastewater discharge permit
(4) If the City fails to act within 30 days of receipt transfer. The notice to the City must include a
of the request, the request for reconsideration written certification by the new owner or operator
shall be deemed to be denied. Decisions not which:
to reconsider a wastewater discharge permit,
not to issue a wastewater discharge permit, or (1) States that the new owner and/or operator
not to modify a wastewater discharge permit, has no immediate intent to change the
shall be considered final administrative facility's operations and processes;
actions for purposes of judicial review.
(2) Identifies the specific date on which the
(D) Wastewater discharge permit modification. The transfer is to occur;and
City may modify the wastewater discharge permit
for good cause including, but not limited to, the (3) Acknowledges full responsibility for
following reasons: complying with the existing wastewater
discharge permit.
(1) To incorporate any new or revised federal,
state, or local pretreatment standards or Failure to provide notice of a transfer renders the
requirements; wastewater discharge permit void as of the date
of facility transfer.
(2) To address significant alterations or additions
to the user's operation, processes, or (F) Wastewater discharge permit revocation. The
wastewater volume or character since the City may revoke a wastewater discharge permit
time of wastewater discharge permit for good cause, including, but not limited to, the
issuance; following reasons:
(3) A change in the WRRF that requires either a (1) Failure to notify the City of significant
temporary or permanent reduction or changes to the wastewater prior to the
elimination of the authorized discharge; changed discharge;
(4) Information indicating the permitted discharge (2) Failure to provide prior notification to the City
poses a threat to the WRRF, WRRF of changed conditions pursuant to
personnel, the receiving waters, or threats to §51.079(E)of this article;
the WRRF's beneficial biosolids use;
(3) Misrepresentation or failure to fully disclose
(5) Violation of any terms or conditions of the all relevant facts in the wastewater discharge
wastewater discharge permit; permit application;
FAYETTEVILLE CODE OF ORDINANCES
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(4) Falsifying self-monitoring or other reports; as this article and local limits which are
at least as stringent as those set out in
(5) Tampering with monitoring equipment; §51.075(D) of this article. The
requirement shall specify that such
(6) Refusing to allow the City timely access to the ordinance and limits must be revised as
necessary to reflect changes made to
facility premises and records; the city's ordinance and/or local limits;
(7) Failure to meet effluent limitations; (b) A requirement for the contributing
jurisdiction to submit a revised user
(8) Failure to pay fines; inventory on at least an annual basis;
(9) Failure to pay sewer charges; (c) A provision specifying which
pretreatment implementation activities,
including wastewater discharge permit
(10)Failure to meet compliance schedules; issuance, inspection and sampling, and
enforcement, will be conducted by the
(111)Failure to complete a wastewater survey or contributing jurisdiction; which of these
the wastewater discharge permit application; activities will be conducted by the City;
or and which of these activities will be
conducted jointly by the contributing
(12)Violation of any pretreatment standard or jurisdiction and the City;
requirement, or any terms of the wastewater (d) A requirement for the contributing
discharge permit or this article. jurisdiction to provide the City with
Wastewater discharge permits shall be access to all information the
voidable upon cessation of operations. All contributing jurisdiction obtains as part
wastewater discharge permits issued to a of its pretreatment activities;
particular user are void upon the issuance of a
new wastewater discharge permit to that user. (e) A provision insuring the City access to
the facilities of users located within the
(G) Wastewater discharge permit re-Issuance. A user contributing jurisdiction's boundaries for
with an expiring wastewater discharge permit shall the purpose of inspection,sampling,and
apply for wastewater discharge permit re-issuance any other duties deemed necessary by
by submitting a complete permit application, in the City;and
accordance with §51.077(E) of this article, a (� A provision specifying remedies
minimum of 90 days prior to the expiration of the
user's existing wastewater discharge permit. available for breach of the terms of the
interjurisdictional agreement.
(H) Regulation of waste received from other
jurisdictions. (Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Ord. No.
4088, §§4, 5,4-7-98; Code 1991, §51.078)
(1) If another jurisdiction, or user located within
another jurisdiction, contributes wastewater to 51.079 Reporting Requirements
the W RRF, the City shall enter into an
interjurisdictional agreement with the (A) Baseline monitoring reports.
contributing jurisdiction; enter into an
agreement with, or permit, users located in (1) Within either 180 days after the effective
another jurisdiction; or both. Certain hauled date of a categorical pretreatment standard,
wastewater may be exempted from the or the final administrative decision on a
requirements of this paragraph with specific category determination under 40 CFR
authorization by the City. 403.6(a)(4), whichever is later, existing
categorical users currently discharging to or
(2) An interjurisdictional agreement, as required scheduled to discharge to the WRRF shall
by paragraph (1), above, shall contain the submit to the City a report which contains the
following conditions: information listed in paragraph (B), below.
At least 90 days prior to commencement of
(a) A requirement for the contributing their discharge, new sources, and sources
jurisdiction to adopt a sewer use that become categorical users subsequent to
ordinance which is at least as stringent the promulgation of an applicable categorical
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
standard, shall be required to submit to the concentrations or mass, where
City a report which contains the information required, shall be reported. The
listed in paragraph (2), below. A new source sample shall be representative of
shall report the method of pretreatment it daily operations and shall be
intends to use to meet applicable categorical analyzed in accordance with
standards. A new source also shall give procedures set out in §51.079(J) of
estimates of its anticipated flow and quantity this article. Where the Standard
of pollutants to be discharged. requires compliance with a BMP or
pollution prevention alternative, the
(2) Users described above shall submit the User shall submit documentation as
information set forth below. required by the City or the
applicable standards to determine
(a) Identifying information. The name and compliance with the standard.
address of the facility, including the name
of the operator and owner. (iii) Sampling must be performed in
accordance with procedures set out
(b) Environmental permits. A list of any in§51.079(K)of this article.
environmental control permits held by or
for the facility. (f) Certification. A statement, reviewed by
the user's authorized signatory and
(c) Description of operations. A certified by a qualified professional,
comprehensive narrative description of indicating whether pretreatment
the nature, average rate of production, all standards are being met on a consistent
applicable NAICS and standard industrial basis, and, if not, whether additional
classifications of the operation(s) carried operation and maintenance (O&M)
out by such user. This description should and/or additional pretreatment, is
include a comprehensive schematic required to meet the pretreatment
process diagram which indicates points standards and requirements.
of discharge to the WRRF from the
regulated processes. A qualified (g) Compliance schedule. If additional
professional must certify to the accuracy pretreatment and/or O&M will be
of this process narrative and wastewater required to meet the pretreatment
flow schematics. standards, the shortest schedule by
which the user will provide such
(d) Flow measurement. Information showing additional pretreatment and/or O&M.
the measured average daily and The completion date in this schedule
maximum daily flow, in gallons per day, shall not be later than the compliance
to the WRRF from regulated process date established for the applicable
streams and other streams, as pretreatment standard. A compliance
necessary, to allow use of the combined schedule pursuant to this section must
wastestream formula set out in 40 CFR meet the requirements set out in
403.6(e). The City may allow for §51.079(6)of this article.
verifiable estimates of these flows where
justified by cost or feasibility (h) Signature and certification. All baseline
considerations. monitoring reports must be signed and
certified in accordance with §51.077(F)
(e) Measurement of pollutants. of this article.
(i) The categorical pretreatment (B) Compliance schedule progress report. The
standards applicable to each following conditions shall apply to the compliance
regulated process. schedule required by §51.079(A)(2)(g) of this
article:
(ii) The results of sampling and analysis
identifying the nature and (1) The schedule shall contain progress
concentration (and/or mass, where increments in the form of dates for the
required by the standard or by the commencement and completion of major
City) of regulated pollutants in the events leading to the construction and
discharge from each regulated operation of additional pretreatment required
process. Instantaneous, daily for the user to meet the applicable
maximum, and long term average pretreatment standards (such events
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
include, but are not limited to, hiring an user must submit documentation required by
engineer, completing preliminary and final the City or the pretreatment standard
plans, executing contracts for major necessary to determine the compliance
components, commencing and completing status of the user. All periodic compliance
construction, beginning and conducting reports must be signed and certified in
routine operation); accordance with§51.077(F)of this article.
(2) No increment referred to above shall exceed (2) All wastewater samples must be
nine months; representative of the user's discharge.
Wastewater monitoring and flow
(3) The user shall submit a progress report to the measurement facilities shall be properly
City not later than 14 days following each date operated, kept clean, and maintained in
in the schedule and the final date of good working order at all times. The failure
compliance including, as a minimum, whether of a user to keep its monitoring facility in
or not it complied with the increment of good working order shall not be grounds for
progress, the reason for any delay, and, if the user to claim that sample results are
appropriate,the steps being taken by the user unrepresentative of its discharge.
to return to the established schedule; and
(3) If a user subject to the reporting requirement
(4) In no event shall more than nine months in this section monitors any pollutant more
elapse between such progress reports to the frequently than required by the City, using
City. the procedures prescribed in §51.079(J) and
§51.079(K) of this article, the results of this
(C) Report on compliance with categorical monitoring shall be included in the report.
pretreatment standard deadline. Within 90 days
following the date for final compliance with (E) Report of changed conditions. Each user must
applicable categorical pretreatment standards, or notify the City of any planned significant changes
in the case of a new source following to the user's operations or system which might
commencement of the introduction of wastewater alter the nature, quality or volume of its
into the WRRF, any user subject to such wastewater at least 30 days before the change.
pretreatment standards and requirements shall
submit to the City a report containing the (1) The City may require the user to submit such
information described in §51.079(A)(2)(d) through information as may be deemed necessary to
(f) of this article. For users subject to equivalent evaluate the changed condition, including
mass or concentration limits established in the submission of a wastewater discharge
accordance with the procedures in 40 CFR permit application under §51.077(E) of this
403.6(c), this report shall contain a reasonable article.
measure of the user's long-term production rate.
For all other users subject to categorical (2) The City may issue a wastewater discharge
pretreatment standards expressed in terms of permit under §51.077(G) of this article or
allowable pollutant discharge per unit of modify an existing wastewater discharge
production (or other measure of operation), this permit under §51.078(D) of this article in
report shall include the user's actual production response to changed conditions or
during the appropriate sampling period. All anticipated changed conditions.
compliance reports must be signed and certified in
accordance with§51.077(F)of this article. (3) For purposes of this requirement, significant
changes include, but are not limited to, flow
(D) Periodic compliance reports. changes of 20% or greater, and the
discharge of any previously unreported
(1) All significant industrial users shall, at a pollutants.
frequency determined by the City but in no
case less than every six months, submit a (F) Reports of potential problems.
report indicating the nature and concentration
of pollutants in the discharge which are limited (1) In the case of any discharge, including, but
by pretreatment standards and the measured not limited to, accidental discharges,
or estimated average and maximum daily discharges of a non-routine, episodic nature,
flows for the reporting period. In cases where a non-customary batch discharge, or a slug
the pretreatment standard requires load, that may cause potential problems for
compliance with a Best Management Practice the WRRF (including a violation of the
(BMP) or pollution prevention alternative, the prohibited discharge standards in§51.075(B)
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
of this article), the user shall immediately unless it notifies the user of the violation and
telephone and notify the City of the incident. requires the user to perform the repeat
This notification shall include the location of sampling and analysis.
the discharge, type of waste, concentration
and volume, if known, and corrective actions
taken by the user. (1) Notification of the discharge of hazardous waste.
(2) Within five business days following such (1) Any person who commences the discharge
discharge, the user shall, unless waived by of hazardous waste shall notify the City, the
the City, submit a detailed written report EPA Regional Waste Management Division
describing the cause(s) of the discharge and Director, and state hazardous waste
the measures to be taken by the user to authorities (in writing) of any discharge into
prevent similar future occurrences. Such the WRRF of a substance which, if otherwise
notification shall not relieve the user of any disposed of, would be a hazardous waste
expense, loss, damage, or other liability which under 40 CFR 261. Such notification must
may be incurred as a result of damage to the include the name of the hazardous waste as
WRRF, natural resources, or any other set forth in 40 CFR 261, the EPA hazardous
damage to person or property; nor shall such waste number, and the type of discharge
notification relieve the user of any fines, civil (continuous, batch, or other). If the user
penalties, or other liability which may be discharges more than 100 kilograms of such
imposed pursuant to this article. waste per calendar month to the WRRF, the
notification shall also contain the following
(3) If required by the City, a notice shall be information to the extent such information is
permanently posted on the user's bulletin known and readily available to the user: An
board or other prominent place advising identification of the hazardous constituents
employees who to call in the event of a contained in the wastes, an estimation of the
discharge described in paragraph (A), above. mass and concentration of such constituents
Employers shall ensure that all employees are in the wastestream discharged during that
advised of the emergency notification calendar month, and an estimation of the
procedure. mass of constituents in the wastestream
expected to be discharged during the
(4) Significant industrial users are required to following 12 months. All notifications to the
notify the City immediately of any changes at City must be made prior to the
its facility affecting the potential for a slug commencement of the discharge.
discharge. Notifications of changed conditions must be
submitted under Section §51.079(E) of this
(G) Reports from unpermitted users. All users not ordinance. The notification requirement in
required to obtain a wastewater discharge permit this Section does not apply to pollutants
shall provide appropriate reports as may be already reported by Users subject to
required by the City. categorical Pretreatment Standards under
the self-monitoring requirements of Sections
(H) Notification of violation/repeat sampling and §51.079(A), (C),and(D)of this ordinance.
reporting.
(1) If sampling performed by a user indicates a (2) In the case of any new regulations under
violation,the user must notify the City as soon §3001 of RCRA identifying additional
as possible but no later than 24 hours after characteristics of hazardous waste or listing
becoming aware of the violation. The user any additional substance as a hazardous
shall also immediately repeat the sampling waste, the user must notify the City,the EPA
and analysis and submit the results of the Regional Waste Management Waste
repeat analysis to the City within the time Division Director, and state hazardous waste
period specified by the City but at no time authorities of the discharge of such
later than 30 days after becoming aware of substance within 90 days of the effective
the violation. The user may not be required to date of such regulations.
resample if the City samples between the
user's initial sampling and when the user (3) In the case of any notification made under
receives the results of this sampling. this section,the user shall certify that it has a
program in place to reduce the volume and
(2) If the City performed the sampling and toxicity of hazardous wastes generated to
analysis in lieu of the industrial user, the City the degree it has determined to be
will perform the repeat sampling and analysis economically practical.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
to reject any analysis performed by an
(4) This reporting provision does not create a independent laboratory that is not duly
right to discharge any substance not certified for a particular analysis.
otherwise permitted to be discharged by this
article, a permit issued thereunder, or any (K) Sample collection.
applicable federal or state law.
(1) Samples collected to satisfy reporting
(J) Certification of Permit Applications and User requirements must be based on data
Reports. The following certification statement is obtained through appropriate sampling and
required to be signed and submitted by users analysis performed during the period
submitting permit applications in accordance with covered by the report, based on data that is
Section §51.077; users submitting baseline representative of conditions occurring during
monitoring reports under Section §51.079(A); the reporting period.
users submitting reports on compliance with the
categorical Pretreatment Standard deadlines (2) Except as indicated in subsection (3) and
under Section §51.079(C); users submitting (4), below, the user must collect wastewater
periodic compliance reports required by Section samples using 24-hr flow-proportional
§51.079(D) (1)-(3). The following certification composite collection techniques. In the event
statement must be signed by an Authorized flow proportional sampling is infeasible, the
Representative as defined in Section §51.074: City may authorize the use of time
proportional sampling or a minimum of four
I certify under penalty of law that this grab samples where the user demonstrates
document and all attachments were prepared that this will provide a representative sample
under my direction or supervision in of the effluent being discharged. In addition,
accordance with a system designed to assure grab samples may be required to show
that qualified personnel properly gather and compliance with instantaneous discharge
evaluate the information submitted. Based on limits.
my inquiry of the person or persons who
manage the system, or those persons directly (3) Samples for oil and grease,temperature, pH,
responsible for gathering the information, the cyanide, phenols, sulfides, and volatile
information submitted is, to the best of my organic chemicals must be obtained using
knowledge and belief, true, accurate, and grab collection techniques.
complete. I am aware that there are
significant penalties for submitting false (4) For sampling required in support of baseline
information, including the possibility of fine monitoring and 90-day compliance reports
and imprisonment for knowing violations. required in §§51.079(A) and (C), a minimum
of four (4) grab samples must be used for
(J) Analytical requirements. pH, cyanide, total phenols, oil and grease,
sulfide and volatile organic compounds for
(1) All pollutant analyses, including sampling facilities for which historical sampling data do
techniques, to be submitted as part of a not exist; for facilities for which historical
wastewater discharge permit application or sampling data are available, the City may
report shall be performed in accordance with authorize a lower minimum. For the reports
the techniques prescribed in 40 CFR 136, required by§51.079(D), the industrial user is
unless otherwise specified in an applicable required to collect the number of grab
categorical pretreatment standard. If 40 CFR samples necessary to assess and assure
136 does not contain sampling or analytical compliance with applicable pretreatment
techniques for the pollutant in question, standards and requirements.
sampling and analyses must be performed in
accordance with procedures approved by the (L) Date of Receipt of Reports. Written reports will
EPA. be deemed to have been submitted on the date
post-marked. For reports which are not mailed,
(2) All independent laboratories performing postage prepaid, into a mail facility serviced by
analyses for users, including, but not limited the United States Postal Service, the date of
to, self-monitoring, periodic reports on receipt of the report shall govern.
continuing compliance, baseline monitoring
reports and/or split sample verification, shall (M) Record keeping. Users subject to the reporting
be certified by the ADEQ Laboratory requirements of this article shall retain, and make
Certification Program for the specific analysis available for inspection and copying, all records
being performed. The City reserves the right of information obtained pursuant to any
FAYETTEVILLE CODE OF ORDINANCES
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monitoring activities required by this article and the City upon request.
any additional records of information obtained
pursuant to monitoring activities undertaken by the (4) Any temporary or permanent obstruction to
user independent of such requirements, and safe and easy access to the facility to be
documentation associated with Best Management inspected and/or sampled shall be promptly
Practices established under 51.075(D). Records removed by the user at the written or verbal
shall include the date, exact place, method, and request of the City and shall not be replaced.
time of sampling and the name of the person(s) The costs of clearing such access shall be
taking the samples; the dates analyses were borne by the user.
performed; who performed the analyses; the
analytical techniques or methods used; and the (3) Unreasonable delays in allowing the City
results of such analyses. These records shall access to the user's premises shall be a
remain available for a period of at least three violation of this article.
years. This period shall be automatically extended
for the duration of any litigation concerning the (B) Search warrants. If the City has been refused
user or the City, or where the user has been access to a building, structure or property, or any
specifically notified of a longer retention period by part thereof, and is able to demonstrate probable
the U.S. EPA,state,or City. cause to believe that there may be a violation of
this article, or that there is a need to inspect
(Code 1991, §51.079;Ord. No.3965, §§2, 3(Exh.A), 5-7-96; and/or sample as part of a routine inspection and
Ord.No.4088,§6,4-7-98) sampling program of the City designed to verify
compliance with this article or any permit or order
51.080 Compliance Monitoring issued hereunder, or to protect the overall public
health, safety and welfare of the community,then
(A) Right of entry, inspection and sampling. The City the City may seek issuance of a search warrant
shall have the right to enter the premises of any from the city district court.
user to determine whether the user is complying
with all requirements of this article and any (Code 1991,§51.080)
wastewater discharge permit or order issued
hereunder. Users shall allow the City ready 51.081 Confidential Information
access to all parts of the premises for the Information and data on a user obtained from reports,
purposes of inspection, sampling, records surveys, wastewater discharge permit applications,
examination and copying, and the performance of wastewater discharge permits, and monitoring
any additional duties. programs, and from the City's inspection and
sampling activities, shall be available to the public
(1) Where a user has security measures in force without restriction, unless the user specifically
which require proper identification and requests, and is able to demonstrate to the
clearance before entry into its premises, the satisfaction of the City, that the release of such
user shall make necessary arrangements with information would divulge information, processes or
its security guards so that, upon presentation methods of production entitled to protection as trade
of suitable identification, the City will be secrets under applicable state law. Any such request
permitted to enter without delay for the must be asserted at the time of submission of the
purposes of performing specific information or data. When requested and
responsibilities. demonstrated by the user furnishing a report that
such information should be held confidential, the
(2) The City shall have the right to set up on the portions of a report which might disclose trade secrets
user's property, or require installation of, such or secret processes shall not be made available for
devices as are necessary to conduct sampling inspection by the public, but shall be made available
and/or metering of the user's operations. immediately upon request to governmental agencies
for uses related to the NPDES program or
(3) The City may require the user to install pretreatment program, and in enforcement
monitoring equipment as necessary. The proceedings involving the person furnishing the
facility's sampling and monitoring equipment report. Wastewater constituents and characteristics
shall be maintained at all times in a safe and and other"effluent data" as defined by 40 CFR 2.302
proper operating condition by the user at its will not be recognized as confidential information and
own expense. All devices used to measure will be available to the public without restriction.
wastewater flow and quality shall be
calibrated at least annually by a certified (Code 1991,§51.081)
technician to ensure their accuracy.
Calibration records shall be made available to
FAYETTEVILLE CODE OF ORDINANCES
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51.082 Publication of Users in Significant compliance with compliance schedules;
Noncompliance
(G) Failure to accurately report noncompliance;or
The City shall publish annually, in a newspaper of (H) Any other violation(s), which may include a
general circulation that provides meaningful public violation of Best Management Practices, which
notice within the jurisdictions served by the City's the City determines will adversely affect the
WRRF, a list of the users which, during the previous 12 operation or implementation of the local
months, were in significant noncompliance with pretreatment program.
applicable pretreatment standards and requirements.
The term significant noncompliance shall be applicable (Code 1991, §51.082; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-
to all significant industrial users(or any other industrial 96;Ord.No.4088,§8,4-7-98)
user that violates paragraphs (C), (D) or (H) of this
Section)and shall mean: 51.083 Administrative Enforcement
(A) Chronic violations of wastewater discharge limits, Remedies
defined here as those in which sixty-six percent (A) Notice of violation. When the City finds that a
(66%) or more of all the measurements taken for
the same pollutant parameter taken during asix- user has violated (or continues to violate) any
month period exceed (by any magnitude) a provision of this article, a wastewater discharge
npermit or order issued hereunder, or any other
numeric pretreatment standard or requirement,
including instantaneous limits as defined in pretreatment standard or requirement, the City
51.074; shall serve upon such user either an informal
warning or a written notice of violation.Within five
(B) Technical review criteria (TRC) violations, defined business days of the receipt of the notice of
here as those in which thirty-three percent (33%) violation, an explanation of the violation and a
or more of wastewater measurements taken for plan for the satisfactory correction and prevention
each pollutant parameter during a six-month thereof, to include specific required actions, shall
period equals or exceeds the product of the be submitted by the user to the City. Submission
numeric pretreatment standard or requirement of this plan in no way relieves the user of liability
including instantaneous limits, as defined by for any violations occurring before or after receipt
51.074 multiplied by the applicable criteria: 1.4 for of the notice of violation. Nothing in this section
BOD, TSS, fats, oils and grease, and 1.2 for all shall limit the authority of the City to take any
other pollutants except pH; action, including emergency actions or any other
enforcement action, without first issuing an
(C) Any other violation of a pretreatment standard or informal warning or a notice of violation.
requirement as defined by 51.074(daily maximum, (B) Consent orders. The City may enter into consent
long term average, instantaneous limit, or orders, assurances of voluntary compliance, or
narrative standard) that the City determines has other similar documents establishing an
caused, alone or in combination with other agreementwith any user responsible for
discharges, interference or pass through, including noncompliance. Such documents will include
endangering the health of city or WRRF personnel
or the general public; specific action to be taken by the user to correct
the noncompliance within a time period specified
(D) Any discharge of pollutants that has caused by the document. Such documents shall have
imminent endangerment to the public or to the the same force and effect as the administrative
environment, or has resulted in the City's exercise orders issued pursuant to §51.083(D) and
of its emergency authority to halt or prevent such a §51.083(E) of this article and shall be judicially
discharge; enforceable.
(E) Failure to meet within 90 days of the scheduled (C) Show cause hearing. The City may order a user
date, a compliance schedule milestone contained which has violated or continues to violate, any
in a wastewater discharge permit or enforcement provision of this article, a wastewater discharge
order for starting construction, completing permit or order issued hereunder, or any other
construction, or attaining final compliance; pretreatment standard or requirement, to appear
before the City and show cause why the
(F) Failure to provide within forty five (45) after the proposed enforcement action should not be
due date, any required reports, including baseline taken. Notice shall be served on the user
monitoring reports, reports on compliance with specifying the time and place for the meeting, the
categorical pretreatment standard deadlines, proposed enforcement action, the reasons for
periodic self-monitoring reports, and reports on such action, and a request that the user show
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
cause why the proposed enforcement action (F) Administrative charges.
should not be taken. The notice of the meeting
shall be served personally or by registered or (1) When the City finds that a user has violated
certified mail (return receipt requested) at least or continues to violate any provision of this
five business days prior to the hearing. Such article, a wastewater discharge permit or
notice shall be served on a representative of the order issued hereunder, or any other
user who meets the criteria of an authorized pretreatment standard or requirement, the
signatory. A show cause hearing shall not be a City may charge such user in an amount not
bar against, or prerequisite for, taking any other to exceed one thousand dollars ($1,000.00).
action against the user. Such fines shall be assessed on a per
violation, per day basis. The City may add
(D) Compliance orders. When the City finds that a the costs of administrative enforcement
user has violated or continues to violate any actions, such as notices and orders, to the
provision of this article, a wastewater discharge charge.
permit or order issued hereunder, or any other
pretreatment standard or requirement, the City (2) Users desiring to dispute such charges must
may issue an order to the user responsible for the file a written request with the City
discharge directing that the user come into Clerk within ten (10) working days of being
compliance within a specified time. If the user notified of the charge. The Sewer
does not come into compliance within the time Committee shall convene a hearing on the
provided, sewer service may be discontinued matter. In the event the charge is upheld by
unless adequate treatment facilities, devices, or the Sewer Committee, the City may also add
other related appurtenances are installed and the costs of the appeal, such as notices and
properly operated. Compliance ordinances may orders,to the charge.
also contain other requirements to address the
noncompliance, including additional self- (3) Issuance of an administrative charge shall
monitoring, and management practices designed not be a bar against, or a prerequisite for,
to minimize the amount of pollutants discharged to taking any other action against the user.
the sewer. A compliance order may not extend
the deadline for compliance established for a (G) Emergency suspensions. The City may
national pretreatment standard or requirement, nor immediately suspend a user's discharge, after
does a compliance order relieve the user of liability informal notice to the user, whenever such
for any violation, including any continuing violation. suspension is necessary to stop an actual or
Issuance of a compliance order shall not be a bar threatened discharge which reasonably appears
against, or a prerequisite for, taking any other to present or cause an imminent or substantial
action against the user. endangerment to the health or welfare of
persons. The City may also immediately
(E) Cease and desist orders. When the City finds that suspend a user's discharge, after notice and
a user has violated (or continues to violate) any opportunity to respond, that threatens to interfere
provision of this article, a wastewater discharge with the operation of the WRRF, or which
permit or order issued hereunder, or any other presents or may present an endangerment to the
pretreatment standard or requirement, or that the environment.
user's past violations are likely to recur, the City
may issue an order to the user directing it to cease (1) Any user notified of a suspension of its
and desist all such violations and directing the discharge shall immediately stop or eliminate
user to: its contribution. In the event of a user's
failure to immediately comply voluntarily with
(1) Immediately comply with all requirements; the suspension order, the City shall take
and such steps as deemed necessary, including
immediate severance of the sewer
(2) Take such appropriate remedial or preventive connection or water service, to prevent or
action as may be needed to properly address minimize damage to the WRRF, its receiving
a continuing or threatened violation, including stream, or endangerment to any individuals.
halting operations and/or terminating the The City may allow the user to recommence
discharge. its discharge when the user has
demonstrated to the satisfaction of the City
(3) Issuance of a cease and desist order shall not that the period of endangerment has passed,
be a bar against, or a prerequisite for, taking unless the termination proceedings in
any other action against the user. §51.083(H)of this article are initiated against
the user.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
monthly or other long term average
(2) If necessary, severance of the sewer discharge limit, penalties shall accrue for
connection or water service may occur each day during the period of violation.
without notice.
(2) In determining the amount of civil liability,the
(3) A user that is responsible, in whole or in part, court shall take into account all relevant
for any discharge presenting imminent circumstances, including, but not limited to,
endangerment shall submit a detailed written the extent of harm caused by the violation,
statement, describing the causes of the the magnitude and duration, any economic
harmful contribution and the measures taken benefit gained through the user's violation,
to prevent any future occurrence, to the City corrective actions by the user, the
within five business days. compliance history of the user,and any other
factor as justice requires.
Nothing in this section shall be interpreted as
requiring a hearing prior to any emergency (3) Filing a suit for civil penalties shall not be a
suspension under this section. bar against, or a prerequisite for, taking any
other action against a user.
(H) Termination of discharge. Any user that violates
the conditions in §51.078(F) of this article is (C) Criminal penalties.
subject to discharge termination. Such user will
be notified of the proposed termination of its (1) A user who willfully or negligently violates
discharge and be offered an opportunity to show any provision of this article, a wastewater
cause under §51.083(C) of this article why the discharge permit, or order issued hereunder,
proposed action should not be taken. Exercise of or any other pretreatment standard or
this option by the City shall not be a bar to, or a requirement shall, upon conviction, be guilty
prerequisite for,taking any other action against the of a misdemeanor, punishable by a fine of
user. not more than one thousand dollars
($1,000.00)per violation, per day.
(Code 1991,§51.083;Ord.No.3965,§§2,3(Exh.A),5-7-96)
(2) A user who willfully or negligently introduces
51.084 Judicial Enforcement Remedies any substance into the WRRF which causes
personal injury or property damage shall,
(A) Injunctive relief. When the City finds that a user upon conviction, be guilty of a misdemeanor
has violated (or continues to violate)any provision and be subject to a penalty not more than
of this article, a wastewater discharge permit, or one thousand dollars($1,000.00)per
order issued hereunder, or any other pretreatment violation, per day. This penalty shall be in
standard or requirement, the City may petition the addition to any other cause of action for
appropriate court through the City's attorney for personal injury or property damage available
the issuance of a temporary or permanent under State law.
injunction, as appropriate, which restrains or
compels the specific performance of the (3) A user who knowingly makes any false
wastewater discharge permit, order, or other statements, representations, or certifications
requirement imposed by this article on activities of in any application, record, report, plan,or
the user. The City may also seek such other other documentation filed,or required to be
action as is appropriate for legal and/or equitable maintained, pursuant to this article,
relief, including a requirement for the user to wastewater discharge permit, or order issued
conduct environmental remediation. A petition for hereunder, or who falsifies,tampers with,or
injunctive relief shall not be a bar against, or a knowingly renders inaccurate any monitoring
prerequisite for, taking any other action against a device or method required under this article
user. shall, upon conviction, be punished by a fine
of not more than one thousand dollars
(B) Civil penalties. ($1,000.00)per violation, per day. This
penalty shall be in addition to any other
(1) A user which has violated or continues to cause of action for personal injury or
violate any provision of this article, a property damage available under State law.
wastewater discharge permit, or order issued
hereunder, or any other pretreatment (D) Cost recovery. The City may recover reasonable
standard or requirement shall be liable to the attorney's fees, court costs, and other expenses
City for a maximum civil penalty of$1,000.00 associated with enforcement activities, including
per violation, per day. In the case of a sampling and monitoring expenses, and the cost
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
of any actual damages or fines incurred by the business days:
City.
(i) A description of the indirect
(E) Remedies nonexclusive. The remedies provided discharge and cause of
for in this article are not exclusive. The City may noncompliance;
take any, all, or any combination of these actions
against a noncompliant user. Enforcement of (ii) The period of noncompliance,
pretreatment violations will generally be in including exact dates and times or,
accordance with the City's Enforcement Response if not corrected, the anticipated time
Plan within the City's Pretreatment Program. the noncompliance is expected to
However, the City may take other action against continue;
any user, including but not limiting to,
misdemeanor and felony fines and imprisonment (iii) Steps being taken and/or planned
when the circumstances warrant. to reduce, eliminate, and prevent
recurrence of the noncompliance;
(Code 1991,§51.084;Ord. No.3965,§§2,3(Exh.A),5-7-96) and
51.085 Affirmative Defenses to Discharge (iv) In any enforcement proceeding, the
Violations user seeking to establish the
occurrence of an upset shall have
(A) Upset. the burden of proof.
(1) For the purposes of this section, "upset" (4) Users will have the opportunity for a judicial
means an exceptional incident in which there determination on any claim of upset only in
is unintentional and temporary noncompliance an enforcement action brought for
with categorical pretreatment standards noncompliance with categorical pretreatment
because of factors beyond the reasonable standards.
control of the user. An upset does not include
noncompliance to the extent caused by (5) Users shall control production of all
operational error, improperly designed discharges to the extent necessary to
treatment facilities, inadequate treatment maintain compliance with categorical
facilities, lack of preventive maintenance, or pretreatment standards upon reduction, loss,
careless or improper operation. or failure of its treatment facility until the
facility is restored or an alternative method of
(2) An upset shall constitute an affirmative treatment is provided. This requirement
defense to an action brought for applies in the situation where, among other
noncompliance with categorical pretreatment things, the primary source of power of the
standards if the requirements of paragraph(3) treatment facility is reduced, lost,or fails.
are met.
(B) Prohibited discharge standards. A user shall
(3) A user who wishes to establish the affirmative have an affirmative defense to an enforcement
defense of upset shall demonstrate, through action brought against it for noncompliance with
properly signed, contemporaneous operating the prohibitions in §51.075(6)(1) of this article or
logs,or other relevant evidence that: the specific prohibitions in §51.075(B)(2)(c)
through (r), except for §51.075(B)(2)(h), if it can
(a) An upset occurred and the user can prove that it did not know, or have reason to
identify the cause(s)of the upset; know, that its discharge, alone or in conjunction
with discharges from other sources, would cause
(b) The facility was at the time being pass through or interference and that either:
operated in a prudent and workman-like
manner and in compliance with (1) A local limit exists for each pollutant
applicable operation and maintenance discharged and the user was in compliance
procedures; and with each limit directly prior to, and during,
the pass through or interference; or
(c) The user has submitted the following
information to the City as soon as (2) No local limit exists, but the discharge did
possible but no later than 24 hours after not change substantially in nature or
becoming aware of the upset. If this constituents from the user's prior discharge
information is provided orally, a written when the City was regularly in compliance
submission must be provided within five with its NPDES permit, and in the case of
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
interference, was in compliance with (4) Bypass Prohibited; Exceptions.
applicable biosolids use or disposal
requirements. (a) Bypass is prohibited, and the City may
take an enforcement action against a
(C) Bypass. user for a bypass, unless:
(1) For the purposes of this section: (i) Bypass was unavoidable to prevent
loss of life, personal injury, or
(a) "Bypass" means the intentional diversion severe property damage;
of wastestreams from any portion of a
user's treatment facility. (ii) There were no feasible alternatives
to the bypass, such as the use of
(b) "Severe property damage" means auxiliary treatment facilities,
substantial physical damage to property, retention of untreated wastes, or
damage to the treatment facilities which maintenance during normal periods
causes them to become inoperable, or of equipment downtime. This
substantial and permanent loss of natural condition is not satisfied if adequate
resources which can reasonably be back-up equipment should have
expected to occur in the absence of a been installed in the exercise of
bypass. Severe property damage does reasonable engineering judgment to
not mean economic loss caused by prevent a bypass which occurred
delays in production. during normal periods of equipment
downtime or preventive
(2) A user may allow any bypass to occur which maintenance;and
does not cause pretreatment standards or
requirements to be violated, but only if it also (iii) The user submitted notices as
is for essential maintenance to assure required under paragraph (3)of this
efficient operation. These bypasses are not section.
subject to the provision of paragraphs(C)and
(D)of this section. (b) The City may approve an anticipated
bypass, after considering its adverse
(3) Notice. effects, if the City determines that it will
meet the three conditions listed in
(a) If a user knows in advance of the need paragraph(4)(a)of this section.
for a bypass, it shall submit prior notice to
the City, at least ten business days (Code 1991, §51.085; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-
before the date of the bypass, if possible. 96;Ord.No.4088,§7,4-7-98)
(b) A user shall submit oral notice to the City 51.086 Miscellaneous Provisions
of an unanticipated bypass that exceeds
applicable pretreatment standards as (A) Pretreatment charges and fees. The City may
soon as possible but no later than 24 adopt reasonable fees for reimbursement of the
hours from the time it becomes aware of costs of development and administration of the
the bypass. A written submission shall City's pretreatment program which may include:
also be provided within five business
days of the time the user becomes aware (1) Fees for wastewater discharge permit
of the bypass. The written submission applications including the cost of processing
shall contain a description of the bypass such applications;
and its cause;the duration of the bypass,
including exact dates and times, and, if (2) Fees for monitoring, inspection, and
the bypass has not been corrected, the surveillance procedures including the cost of
anticipated time it is expected to collection and analyzing a user's discharge,
continue; and steps taken or planned to and reviewing monitoring reports submitted
reduce, eliminate, and prevent by users;
reoccurrence of the bypass. The City
may waive the written report on a case- (3) Fees for reviewing and responding to
by-case basis if the oral report has been accidental discharge procedures and
received within 24 hours. construction;
(4) Fees for filing appeals;and
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
(5) Other fees as the City may deem necessary
to carry out the requirements contained
herein. These fees relate solely to the
matters covered by this article and are
separate from all other fees, fines, and
penalties,chargeable by the City.
(B) Severability. If any provision of this article is
invalidated by any court of competent jurisdiction,
the remaining provisions shall not be affected and
shall continue in full force and effect.
(C) Conflicts. All other ordinances and parts of other
ordinances inconsistent or conflicting with any part
of this article, are hereby repealed to the extent of
the inconsistency or conflict.
(Code 1991,§51.086;Ord. No.3965,§§2,3(Exh.A),5-7-96)
51.087 Surcharge
(A) Any significant industrial user generating
discharge which exhibits none of the
characteristics of wastes prohibited in §51.075 but
which has an average concentration of surcharge
parameters in 51.137(E) in excess of the allowed
strengths in 51.137(E) during a 24-hour period,
may be required to obtain a discharge permit.
Such discharge may, however, be accepted by the
WRRF for treatment in accordance with Extra
Strength Surcharge requirements in 51.137(E).
(B) The City reserves the right to review and approve
any waters or industrial waste entering the city's
sewer system or proposed to be discharged into
the system having an average daily flow greater
than 10% of the design flow capacity of the plant
which will treat the waste. In the event the city's
measurement discloses such flow in excess of
such capacity, the city shall be under no obligation
to receive such flow in excess of 10% of designed
capacity and the city's published rate shall not
apply to such excess. An owner affected hereby
shall be promptly notified of such determination by
the City. A special contract, at the city's option,
may be made with the user to accommodate such
excess flow.
(Code 1991,§51.087)
51.088-51.109 Reserved
CITY OF
M
�YPVT
ARKANSAS
MEETING OF DECEMBER 9, 2014
TO: Water, Sewer and Solid Waste Committee
THRU: Tim Nyander, Water/Sewer Operations Manager
Billy Ammons, CH2M HILL
FROM: Jim Beavers, P.E. Utilities Engineer/1;M ,, X6-
DATE: December 4, 2014 7
SUBJECT: Water Tank Maintenance (Painting) Baxter 5 MG and Mt. Sequoyah
2014/2015 Approved CIP Project
Professional Engineering Services Contract with Garver LLC
RECOMMENDATION:
Forward to the full City Council with a recommendation of approval, the attached Professional
Engineering Services Contract with Garver, LLC.
BACKGROUND:
The proposed tank maintenance contract will provide for the engineering and construction
observation to paint the exterior and interior of the 5 MG tank on Baxter, the beneficial
demolition and sale of the 1 MG tank on Baxter, and to paint the exterior and interior of the
Mount Sequoyah tank.
The Baxter tanks and the Mount Sequoyah tank were inspected by Garver LLC engineers in
2014. The reports are available for your review as needed. The inspection reports recommend
painting the interior and exterior of all tanks. Based upon the 2011 Water Study and the current
water model it is proposed to demolish the 1 MG tank on Baxter and sell the tank or steel.
The tank painting is included in the approved 2014 and 2015 CIP and is a significant part of the
City's ongoing maintenance.
The engineering contract for the two tanks are being combined into one contract to save City
funding as certain designs specifications and details will apply to both tank locations.
This contract includes engineering design, construction documents, bidding and construction
observation. Please refer to the detailed scope of work in the attached contract.
DISCUSSION:
Garver LLC, was selected for this project through the City's formal section procedure and
purchasing requirements.
Mailing Address:
113 W. Mountain Street www.fayetteville-aLgov
Fayetteville, AR 72701
The scope of work and the proposed fee have been reviewed and negotiated by Utilities
Division.
The proposed Professional Engineering Services Contract with Garver LLC is not to exceed
$149,900.00.
BUDGET/STAFF IMPACT:
The proposed tank paintings are included in the 2014 and 2015 CIP.
The 2014 CIP includes $850,000.00 for Baxter tank Painting.
The 2015 CIP includes $2,095,000 for Water System Rehabilitation/Maintenance (2015 adopted
CIP page 109). Tank painting is listed as one subproject within this overall category.
The current opinion of costs to paint the 5 MG Baxter Tank and the Mount Sequoyah tank is
$1,531,620.00.
Attachments:
1. Proposed Contract with Garver LLC
2. Location Map
2