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HomeMy WebLinkAboutOrdinance 5739ORDINANCE NO. 5739 AN ORDINANCE TO REPEAL AND REPLACE TITLE V PUBLIC WORKS, ARTICLE III DISCHARGE AND PRETREATMENT REGULATIONS; TO AMEND § 51.137 MONTHLY SEWER RATES; TO AMEND § 51.138 DEFINITIONS PERTAINING TO WATER AND SEWER RATES; TO AMEND § 51.999 PENALTY; AND TO AMEND § 10.99 GENERAL PENALTY OF THE FAYETTEVILLE CODE WHEREAS, the permit issued by the Arkansas Department of Environmental Quality for operation of the Paul R. Noland Wastewater Treatment Plant requires the City of Fayetteville to update its discharge and pretreatment regulations to comply with changes adopted in the Code of Federal Regulations; and WHERkAS, the proposed modifications have been submitted to and approved by the Arkansas Department of Environmental Quality. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE iICITY OFFXYETTEVILLE,�A NSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals Title V Public Works, Article III Discharge and Pretreatment Regulations, §§ 51.070-51.087 of the Fayetteville Code and enacts a replacement Title V Public Works, Article III Discharge and Pretreatment Regulations, §§ 51.070-51.087 as shown on Exhibit "A" attached hereto. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 51.137(E) Extra Strength Surcharge and enacts a replacement (E) as shown on Exhibit `B" attached hereto. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts 51.137(G) Hauled Wastewater Fees as shown below: (G) Hauled Wastewater Fees. (1) Application fee. An application to discharge hauled domestic waste must be accompanied by a fee of $100.00. Page 2 Ordinance No. 5739 (2) Discharge fee. A fee of $50.00 must be paid for each hauled domestic waste load discharged. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 51.137(H) Industrial Wastewater Discharge Permit Fee as shown below: (H) Industrial Wastewater Discharge Permit Fee. (1) Application fee. An application for an industrial wastewater discharge permit must be accompanied by a fee of $500.00. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 51.138(K) Treatment works by replacing the word "sludge" with the word "biosolids." Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 51.999(D) by striking the phrase "or an industrial wastewater discharge permit." Section 7: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 10.99(A)(4) as shown below: (4) Notwithstanding the foregoing, violations of City of Fayetteville discharge and pretreatment regulations, codified at §§ 51.070 — 51.087, shall be subject to potentially higher penalties as provided in § 51.083 Administrative Enforcement Remedies and § 51.084 Judicial Enforcement Remedies, as required by federal law. PASSED and APPROVED this 17"' day of February, 2015. APPROVED: ATTEST: By: A w.- t e. SONDRA E. SMITH, City C.-lA p�umrnrn',�. ARK, ;R '. FAYETTEVILLE:z FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS ARTICLE III DISCHARGE AND PRETREATMENT REGULATIONS 51.070 Purpose This article sets forth standards and requirements for users of the Water Resource Recovery Facility (WRRF) for the City of Fayetteville and enables the city to comply with all applicable federal and state laws, including Clean Water Act (33 U.S.C. §1251 at seq.) and the General Pretreatment Regulations (40 CFR 403). The objectives of this article are: (A) To prevent the introduction of pollutants into the WRRF that will interfere with its operation or contaminate its resulting biosolids; (B) To prevent the introduction of pollutants into the WRRF which will pass through the WRRF, inadequately treated, into receiving waters or otherwise be incompatible with the WRRF; (C) To protect both WRRF personnel who may be affected by wastewater and biosolids in the course of their employment and the general public; (D) To improve opportunities for reuse and recycling of wastewater and biosolids from the WRRF; (E) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the WRRF; (F) To enable the city to comply with its National Pollutant Discharge Elimination System permit conditions, biosolids use and disposal requirements, and any other federal or state laws to which the WRRF is subject; and (G) To provide for penalties for violations of the regulations established herein. (H) To encourage pollution prevention through waste minimization, source reduction, reuse practices, recycling, and water and energy conservation. This article authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (Ord. No. 3965, 5-7-96; Ord. No. 4088, §1, 4-7-98; Code 1991,§51.070) 51.071 Applicability This article shall apply to all users of the WRRF. (Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Ord. No. 4088, 4-7- 98; Code 1991, §51.071) 51.072 Administration Except as otherwise provided herein, the City, as defined in this article, shall administer, implement, and enforce the provisions of this article. Any powers granted to or duties imposed upon the City may be delegated by the City to his/her authorized representative. (Code 1991, §51.072) 51.073 Abbreviations The following abbreviations shall have the designated meanings: See table. BOD Biochemical oxygen demand BMP Best Management Practice CFR Code of Federal Regulations CIU Categorical Industrial User EPA U.S. Environmental Protection Agency god gallons per day NPDES National Pollutant Discharge Elimination System NAICS North American Industrial Classification System RCRA Resource Conservation and Recovery Act TSS Total suspended solids SIU Significant Industrial User SNC Significant Noncompliance U.S.C. United States Code WRRF Water Resource Recovery Facility (Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Code 1991, §51.073) 51.074 Definitions Unless a provision explicitly states otherwise, the 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 amended, 33 U.S.C. §1251 et seq. Approval Authority. Arkansas Department of Environmental Quality. Authorized signatory or authorized or duly authorized representative of the user. (1) If the user is a corporation: (a) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or (b) The manager of one or more manufacturing, production, operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the user is a partnership or sole proprietorship: A general partner or proprietor, respectively. (3) If the user is a federal, state or local governmental facility: A director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility. (4) The individuals described in paragraphs (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. Best Management Practices or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 51.075(B) (1) and (2). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical Pretreatment Standards and effluent limits. Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° centigrade, usually expressed as a concentration of milligrams per liter (mg/1). Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with §§307(b) and (c) of the Act (33 U.S.C. §1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Article N, Parts 405- 471. Categorical Industrial User (CIU). An Industrial User subject to a categorical Pretreatment Standard or categorical Standard. City. The mayor or his/her duly authorized representative, or the City of Fayetteville, the Fayetteville City Council or its duly authorized representative. The City is the Control Authority as defined in 40 CFR 403.3(0(1). Control Authority. The City. Composite sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time, as specified by the City. Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected during a calendar day. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. Domestic waste. Liquid and water -carried waste FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS generated by a typical household or waste comprised of waste equivalent to that generated by a typical household - human excrement and gray water (household showers, dishwashing operations, etc.). This does not include waste from commercial or industrial processes whether generated ata household or other premises. Environmental Protection Agency (EPA). The U.S. Environmental Protection Agency or it's authorized representative. Existing source. Any source of discharge that is not a "New Source." Grab sample. An individual sample collected over a period of time not to exceed 15 minutes. Hauled Wastewater. Wastewater that is loaded to a tanker truck, a portable tank or other container and conveyed to another location for discharge. Hauled wastewater includes, but is not limited to, septic tank waste and portable toilet waste. Indirect discharge or discharge. The introduction of pollutants into the WRRF from any nondomestic source. Industrial user. A discharger into the WRRF of nondomestic wastewater. Interference. A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the WRRF, its treatment processes or operations or its biosolids processes, use or disposal and therefore, is a cause of a violation of the City's NPDES permit or a cause of the prevention of biosolids use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: §405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State biosolids management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. Instantaneous limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. Local Limit. Specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). May. Discretionary or permissive. Monthly Average. The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. Monthly Average Limit. The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. National Pollutant Discharge Elimination System (NPDES) permit. A permit issued to a WRRF or other discharger pursuant to §402 of the Act. New source. (1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under §307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. FAYETTEVILLE CODE OF ORDINANCES TITLE V PUBLIC WORKS (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of §(1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (a) Begun, or caused to begin as part of a continuous onsite construction program: (i) Any placement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. Noncontact cooling water. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy. NAICS was developed under the auspices of the Office of Management and Budget (OMB) and adopted in 1997 to replace the Standard Industrial Classification (SIC) system. Pass through. A discharge which exits the WRRF into waters of the United States in quantities or concentrations which, along or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation. Person. Any individual, partnership, co- partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, or local governmental entities. pH. A measure of the acidity or alkalinity of a substance, expressed in standard units. Pharmaceutical drug. Also referred to as medicine, medication or medicament, can be loosely defined as any chemical substance intended for use in the medical diagnosis, cure, treatment, or prevention of disease. Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, biosolids, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, or odor). Pollution Prevention (P2). Waste reduction prior to recycling, treatment, or disposal. Pollution prevention means "source reduction" as defined under the Pollution Prevention Act, and other practices that reduce or eliminate the creation of pollutants through increased efficiency in the use of raw materials, energy, water, or other resources, or protection of natural resources by conservation, or use of less toxic alternatives. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing such pollutants into the WRRF. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Pretreatment requirements. Any substantive or procedural requirement, other than a pretreatment standard, related to pretreatment and imposed on a user. Pretreatment standards or standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, narrative BMPs, and local limits.