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.