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.
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(B) of this article. State. State of Arkansas.
Qualified professional. A person who is proven to
be competent or suited for a specific position or task.
Sewage. Human excrement and gray water
(household showers, dishwashing operations, etc.).
Shall. Mandatory.
Significant industrial user
(1) A user subject to categorical pretreatment
standards; or
(2) A userthat:
(a) Discharges an average of 25,000 gpd or
more of process wastewater to the
WRRF (excluding sanitary, noncontract
cooling, and boiler blowdown
wastewater); or
(b) Contributes a process wastestream
which makes up 5% or more of the
average dry weather hydraulic or organic
capacity of the WRRF treatment plant; or
(c) Is designated as such by the City on the
basis that it has a reasonable potential
for adversely affecting the WRRF's
operation or for violating any
pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria
in (2) has no reasonable potential for
adversely affecting the WRRF's operation or
for violating any pretreatment standard or
requirement, the City may at any time, on its
own initiative or in response to a petition
received from a user (and in accordance with
procedures in 40 CFR 403.8(f)(6) determine
that such user should not be considered a
significant industrial user.
Slug load or slug. Any discharge at a flow rate or
concentration which could cause a violation of the
prohibited discharge standards in this article or any
discharge of a nonroutine, episodic nature, including
but not limited to, an accidental spill or a noncustomary
batch discharge, which has a reasonable potential to
cause interference or pass through, or in any other way
violate the City's regulations, local limits or permit
conditions.
Storm water. Any flow occurring during or
following any form of natural precipitation, and
resulting from such precipitation, including snowmelt.
Surcharge. A service charge in addition to the
normal monthly rate which shall be assessed to the
significant industrial users who discharge into the city
system wastewater having an average BOD
concentration in excess of 300 milligrams per liter or
an average TSS concentration in excess of 300
milligrams per liter.
Total suspended solids. The total suspended
matter that floats on the surface of, or is suspended
in, water, wastewater, or other liquid, and which is
removable by laboratory filtering.
Toxic pollutant. Any pollutant or combination of
pollutants listed as toxic in regulations promulgated by
EPA under §307 (33 U.S.C. §1317) of the Act.
Treatment plant's effluent. The discharge from
the wastewater treatment plant into the receiving
stream.
User. Any person who contributes or permits the
contribution of wastewater into the WRRF.
Wastewater. Liquid and water -carried industrial
wastes and sewage from residential dwellings,
commercial buildings, industrial and manufacturing
facilities, and institutions.
Wastewater treatment plant. That portion of the
WRRF which is designed to provide treatment of
municipal sewage and compatible industrial waste.
Water Resource Recovery Facility (WRRF). A
"treatment works," as defined by §212 of the Act (33
U.S.C. §1292) which is owned by the City. This
definition includes any devices or systems used in the
collection, storage, treatment, recycling, and
reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey
wastewater to a treatment plant. The WRRF is the
Publicly Owned Treatment Works or POTW as
defined in 40 CFR 403.3(q).
(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Ord. No. 4088, §2,
4-7-98; Code 1991, §51.074)
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
treated by facilities constructed under EPA Project
No. C-050366-01 for 50 years.
(1) For the purpose of this section area of
existing development shall mean an area
which, at the EPA issued a finding of no
significant impact for EPA Project No. C-
050366-01 was:
(a) Occupied by existing structures or
facilities;
(b) Substantially surrounded by existing
structures or facilities and which serves
no significant independent natural
floodplain function; or
(c) Characterized by substantial investment
in public infrastructure but which is only
partially occupied by structures or
facilities.
(2) No wastewater generated by development
located in the 100 -year floodplain shall be
transported or treated by facilities constructed
under EPA Project No. C-050366-01 for a
period of 50 years from January 1, 1987,
except that service may be provided to:
(a) Areas of existing development in a
floodplain;
(b) Commercial or public facilities which by
nature must be located in a floodplain;
(c) Areas of projected growth if the
environmental information document for
EPA Project No. C-050366-01
demonstrates that proposed development
will be consistent with the floodplain
management criteria for flood -prone
areas (44 CFR 60.3) of the Federal
Emergency Management Agency
(FEMA) and will have no significant
impacts on natural functions and values
of the floodplain; or
(d) An area of projected growth if an
environmental impact statement
demonstrates that there is no practicable
alternative to such growth, that such
growth will be consistent with the
floodplain management criteria for flood -
prone areas (44 CFR 60.3) of FEMA, and
that the benefits of such growth outweigh
its environmental costs.
(B) Prohibited discharge standards.
(1) General prohibitions. No person shall
introduce or cause to be introduced into the
WRRF any pollutant or wastewater which
causes, or has the potential to cause, pass
through or interference. These general
prohibitions apply to all users of the WRRF
whether or not they are subject to categorical
pretreatment standards or any other federal,
state, or local pretreatment standards or
requirements.
(2) Specific Prohibitions. No person shall
introduce or cause to be introduced into the
WRRF the following pollutants, substances,
or wastewater:
(a) Pollutants which create a fire or
explosive hazard in the WRRF,
including, but not limited to,
wastestreams with a closed -cup
flashpoint of less than 140° Fahrenheit
(60° C) using the test methods specified
in 40 CFR 261.21;
(b) Wastewater having a pH less than 5.0
or more than 12.4, or otherwise causing
corrosive structural damage to the
WRRF or equipment;
(c) Solid or viscous substances including,
but not limited to, fats, oil or grease of
animal or vegetable in amounts which
will cause obstruction of the flow in the
WRRF resulting in interference but in no
case solids greater than one-half inch in
any dimension;
(d) Pollutants, including oxygen -demanding
pollutants (BOD, etc.), released in a
discharge at a flow rate and/or pollutant
concentration which, either singly or by
interaction with other pollutants, will
cause interference with the WRRF;
(e) Wastewater having a temperature
greater than 150° Fahrenheit (65° C), or
which will inhibit biological activity in the
treatment plant resulting in interference,
but in no case wastewater which causes
the temperature at the introduction into
the treatment plant to exceed 104°
Fahrenheit (40° C);
(f) Petroleum oil, nonbiodegrable cutting
oil, or products of mineral oil origin, in
amounts that will cause interference or
pass through;
(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;
(h) Trucked or hauled pollutants, except at
discharge points designated by the City
in accordance with §51.076(D) of this
article;
(i) Any liquids, gases, solids, or other
wastewater which, either singly or by
interaction with other wastes, are
sufficient to create a public nuisance or a
hazard to life, or to prevent entry into the
sewers for maintenance or repair;
(r) Any material into a manhole through its
top unless specifically authorized by the
City.
(s) Non-flushable wipes, non -dispersible
wipes, and non -biodegradable wipes
including, but not limited to, baby wipes,
paper towels, dusting wipes, cleaning
wipes, and disposable mop heads.
Pollutants, substances, or wastewater
prohibited by this section shall not be processed
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
(I)
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
TITLE V PUBLIC WORKS
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(8) 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
TITLE V PUBLIC WORKS
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;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the City
of any accidental or slug discharge, as
required by §51.079(F) of this article. Such
notification must also be given for any
discharge which would violate any of the
prohibited discharges in §51.075(8) of this
article; and
(4) Procedures to prevent adverse impact from
any accidental or slug discharge. Such
procedures include, but are not limited to,
inspection and maintenance of storage areas,
handling and transfer of materials, loading
and unloading operations, control of plant site
runoff, worker training, building of
containment structures or equipment,
measures for containing toxic organic
pollutants (including solvents), and/or
measures and equipment for emergency
response.
(D) Hauled wastewater.
Hazardous waste will not be accepted by truck or
liquid waste hauler at the WRRF.
(1) Domestic waste haulers are required to
submit an application to discharge liquid
wastes. This application must be
accompanied by a fee in accordance with
§51.137(G). Hauled domestic waste may be
introduced into the WRRF only at locations
approved by the City and at such times as are
established by the City. Such wastes shall
not violate §51.075 of this article or any other
requirements established by the City. A fee
must be paid for each domestic waste load in
accordance with §51.137(G). The City may
require the domestic waste haulers to obtain
wastewater discharge permits.
(2) The City may require haulers of industrial
waste to obtain wastewater discharge
permits. The City may require generators of
hauled industrial waste to obtain wastewater
discharge permits. The City also may prohibit
the disposal of hauled industrial waste. The
(4) Domestic waste haulers and industrial waste
haulers may only discharge loads at
locations designated by the City. No load
may be discharged without prior consent of
the City. The City may collect samples of
each hauled load to ensure compliance with
applicable standards. The City may require
the hauler to provide a waste analysis of any
load prior to discharge.
(5) Domestic waste and industrial waste haulers
must provide a waste -tracking form for every
load. This form shall include, at a minimum,
the name and address of the waste hauler,
permit number, truck identification, names
and addresses of sources of waste, and
volume and characteristics of waste. For
industrial waste, the form shall identify the
type of industry, known or suspected waste
constituents, and whether any wastes are
RCRA hazardous wastes.
(6) Any waste not deemed domestic by the City
will be handled on a case by case basis at
the discretion of the City.
(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Code 1991,
§51.076)
51.077 Wastewater Discharge Permit
Application
(A) Wastewater analysis. When requested by the
City, a user must submit information on the
nature and characteristics of the user's
wastewater within thirty (30) days of request,
unless otherwise specified. The City is
authorized to prepare a form for this purpose and
may periodically require users to submit or
update the information.
(B) Wastewater discharge permit requirement.
(1) No significant industrial user shall discharge
wastewater into the WRRF without first
obtaining a wastewater discharge permit
from the City, except a significant industrial
user that has filed a timely application
pursuant to §51.077(C) of this article may
continue to discharge for the time period
specified therein.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
narrative;
(2) The City may require other users to obtain
wastewater discharge permits as necessary
to carry out the purposes of this article.
(3) Any violation of the terms and conditions of a
wastewater discharge permit shall be deemed
a violation of this article and subjects the
wastewater discharge permittee to the
sanctions set out in §51.082 through §51.084
of this article. Obtaining a wastewater
discharge permit does not relieve a permittee
of its obligation to comply with all federal and
state pretreatment standards or requirements
or with any other requirements of federal,
state, and local law.
(C) Wastewater discharge permitting; existing
connections. Any non -permitted user required to
obtain a wastewater discharge permit, who was
discharging wastewater into the WRRF prior to the
effective date of this article and who wishes to
continue such discharges in the future, shall,
within 90 days after said date, apply to the City for
a wastewater discharge permit in accordance with
§51.077(E) of this article, and shall not cause or
allow discharges to the WRRF to continue after
180 days of the effective date of this article except
in accordance with a wastewater discharge permit
issued by the City.
(D) Wastewater discharge permitting: new
connections. Any user required to obtain a
wastewater discharge permit that proposes to
begin or recommence discharging into the WRRF
must obtain such permit prior to the beginning or
recommending of such discharge. An application
for this wastewater discharge permit, in
accordance with §51.077(E) of this article, must be
filed at least 90 days prior to the date upon which
any discharge will begin or recommence.
(E) Wastewater discharge permit application contents.
All users required to obtain a wastewater
discharge permit must submit a permit application
accompanied by a fee in accordance with
51.137(H). The City may require a user to submit
as part of an application the following information:
(1) The information required by §51.079(A)(2) of
this article;
(2) A comprehensive description of activities,
facilities, and plant processes on the
premises, including a list of all raw materials
and chemicals (not just trade names) used or
stored at the facility which are, or could
accidentally or intentionally be, discharged to
the WRRF. A qualified professional must
certify to the accuracy of this process
(3) Number of employees, hours of operation,
and proposed or actual hours of operation;
(4) Each product produced by type, amount,
process or processes, and rate of
production;
(5) Type and amount of raw materials
processed (average and maximum per day);
(6) Comprehensive site plans, floor plans,
mechanical and plumbing plans, and details
to show all sewers, floor drains, chemical
storage areas, and appurtenances by size,
location, and elevation, and all points of
discharge. A qualified professional must
certify to the accuracy of this schematic(s);
(7) Time, average gallons per day discharged
and duration of discharges; and
(8) Any other information as may be deemed
necessary by the City to evaluate the
wastewater discharge permit application.
(9) Pollution Prevention (P2) activities such as
source reduction, waste minimization,
environmental management systems, water
and energy conservation, and use of less
toxic alternatives.
Incomplete or inaccurate applications will not
be processed and will be returned to the user for
revision.
(F) Application signatories and certification. All
wastewater discharge permit applications and
user reports must be signed by an authorized
signatory of the user and contain the following
certification statement:
I certify under penalty of law that this
document and all attachments were
prepared under my direction or supervision
in accordance with a system designed to
assure that qualified personnel properly
gather and evaluate the information
submitted. Based on my inquiry of the
person or persons who manage the system,
or those persons directly responsible for
gathering the information, the information
submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I
am aware there are significant penalties for
submitting false information, including the
possibility of fine and imprisonment for
knowing violations.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
(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 for a
(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
(c)
Requirements for the development and
by the City to prevent pass through or
implementation of accidental
interference, protect the quality of the water body
discharge/slug control plans or other
receiving the treatment plant's effluent, protect
special conditions including
worker health and safety, protect the public,
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 of inspection and sampling
facilities and equipment;
(c) Effluent limits, including Best
Management Practices, based on
(f)
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
(g)
Other conditions as deemed appropriate
frequency, and sample type based on
by the City to ensure compliance with
federal, state, and local law; and
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
TITLE V PUBLIC WORKS
of treatment and discharge of regulated
wastewater discharge to the City's
collection system (per §51.076(B)(5)).
(C) Wastewater discharge permit appeals. A
permittee may petition the City to reconsider the
terms of a wastewater discharge permit within 30
days of notice of issuance of the discharge permit.
(1) Failure to submit a timely petition for review
shall be deemed to be a waiver of the
administrative appeal.
(2) In its petition, the appealing party must
indicate the wastewater discharge permit
provisions objected to, the reasons for this
objection, and the alterative condition, if any,
it seeks to place in the wastewater discharge (E)
permit.
(3) The effectiveness of the wastewater
discharge permit shall not be stayed pending
the appeal.
(4) If the City fails to act within 30 days of receipt
of the request, the request for reconsideration
shall be deemed to be denied. Decisions not
to reconsider a wastewater discharge permit,
not to issue a wastewater discharge permit, or
not to modify a wastewater discharge permit,
shall be considered final administrative
actions for purposes of judicial review.
(D) Wastewater discharge permit modification. The
City may modify the wastewater discharge permit
for good cause including, but not limited to, the
following reasons:
(1) To incorporate any new or revised federal,
state, or local pretreatment standards or
requirements;
(2) To address significant alterations or additions
to the users operation, processes, or
wastewater volume or character since the
time of wastewater discharge permit
issuance;
(3) A change in the WRRF that requires either a
temporary or permanent reduction or
elimination of the authorized discharge;
(4) Information indicating the permitted discharge
poses a threat to the. WRRF, WRRF
personnel, the receiving waters, or threats to
the WRRF's beneficial biosolids use;
(5) Violation of any terms or conditions of the
wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose
all relevant facts in the wastewater discharge
permit application or in any required
reporting;
(7) Revision of or a grant of variance from
categorical pretreatment standards pursuant
to 40 CFR 403.13;
(8) To correct typographical or other errors in
the wastewater discharge permit;
(9) To reflect a transfer of the facility ownership
or operation to a new owner or operator
where requested in accordance with
51.078(E).
Wastewater discharge permit transfer.
Wastewater discharge permits may be
transferred to a new owner or operator if the
permittee gives at least seven days advance
notice to the City, provides a copy of the existing
permit to the new owner or operator, and the City
approves the wastewater discharge permit
transfer. The notice to the City must include a
written certification by the new owner or operator
which:
(1) States that the new owner and/or operator
has no immediate intent to change the
facility's operations and processes;
(2) Identifies the specific date on which the
transfer is to occur; and
(3) Acknowledges full responsibility for
complying with the existing wastewater
discharge permit.
Failure to provide notice of a transfer renders the
wastewater discharge permit void as of the date
of facility transfer.
(F) Wastewater discharge permit revocation. The
City may revoke a wastewater discharge permit
for good cause, including, but not limited to, the
following reasons:
(1) Failure to notify the City of significant
changes to the wastewater prior to the
changed discharge;
(2) Failure to provide prior notification to the City
of changed conditions pursuant to
§51.079(E) of this article;
(3) Misrepresentation or failure to fully disclose
all relevant facts in the wastewater discharge
permit application;
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
(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;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or
the wastewater discharge permit application;
or
(12) Violation of any pretreatment standard or
requirement, or any terms of the wastewater
discharge permit or this article.
Wastewater discharge permits shall be
voidable upon cessation of operations. All
wastewater discharge permits issued to a
particular user are void upon the issuance of a
new wastewater discharge permit to that user.
(G) Wastewater discharge permit re -Issuance. A user
with an expiring wastewater discharge permit shall
apply for wastewater discharge permit re -issuance
by submitting a complete permit application, in
accordance with §51.077(E) of this article, a
minimum of 90 days prior to the expiration of the
user's existing wastewater discharge permit.
(H) Regulation of waste received from other
jurisdictions.
(1) If another jurisdiction, or user located within
another jurisdiction, contributes wastewater to
the WRRF, the City shall enter into an
interjurisdictional agreement with the
contributing jurisdiction; enter into an
agreement with, or permit, users located in
another jurisdiction; or both. Certain hauled
wastewater may be exempted from the
requirements of this paragraph with specific
authorization by the City.
(2) An interjurisdictional agreement, as required
by paragraph (1), above, shall contain the
following conditions:
(a) A requirement for the contributing
jurisdiction to adopt a sewer use
ordinance which is at least as stringent
(b) A requirement for the contributing
jurisdiction to submit a revised user
inventory on at least an annual basis;
(c) A provision specifying which
pretreatment implementation activities,
including wastewater discharge permit
issuance, inspection and sampling, and
enforcement, will be conducted by the
contributing jurisdiction; which of these
activities will be conducted by the City;
and which of these activities will be
conducted jointly by the contributing
jurisdiction and the City;
(d) A requirement for the contributing
jurisdiction to provide the City with
access to all information the
contributing jurisdiction obtains as part
of its pretreatment activities;
(e) A provision insuring the City access to
the facilities of users located within the
contributing jurisdiction's boundaries for
the purpose of inspection, sampling, and
any other duties deemed necessary by
the City; and
(f) A provision specifying remedies
available for breach of the terms of the
interjurisdictional agreement.
(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Ord. No.
4088, §§4, 5,4-7-98; Code 1991, §51.078)
51.079 Reporting Requirements
(A) Baseline monitoring reports.
(1) Within either 180 days after the effective
date of a categorical pretreatment standard,
or the final administrative decision on a
category determination under 40 CFR
403.6(a)(4), whichever is later, existing
categorical users currently discharging to or
scheduled to discharge to the WRRF shall
submit to the City a report which contains the
information listed in paragraph (B), below.
At least 90 days prior to commencement of
their discharge, new sources, and sources
that become categorical users subsequent to
the promulgation of an applicable categorical
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
standard, shall be required to submit to the
City a report which contains the information
listed in paragraph (2), below. A new source
shall report the method of pretreatment it
intends to use to meet applicable categorical
standards. A new source also shall give
estimates of its anticipated flow and quantity
of pollutants to be discharged.
(2) Users described above shall submit the
information set forth below.
(a) Identifying information. The name and
address of the facility, including the name
of the operator and owner.
(b) Environmental permits. A list of any
environmental control permits held by or
for the facility.
(c) Description of operations. A
comprehensive narrative description of
the nature, average rate of production, all
applicable NAICS and standard industrial
classifications of the operation(s) carried
out by such user. This description should
include a comprehensive schematic
process diagram which indicates points
of discharge to the WRRF from the
• regulated processes. A qualified
professional must certify to the accuracy
of this process narrative and wastewater
flow schematics.
(d) Flow measurement. Information showing
the measured average daily and
maximum daily flow, in gallons per day,
to the WRRF from regulated process
streams and other streams, as
necessary, to allow use of the combined
wastestream formula set out in 40 CFR
403.6(e). The City may allow for
verifiable estimates of these flows where
justified by cost or feasibility
considerations.
(e) Measurement of pollutants.
(i) The categorical pretreatment
standards applicable to each
regulated process.
(ii) The results of sampling and analysis
identifying the nature and
concentration (and/or mass, where
required by the standard or by the
City) of regulated pollutants in the
discharge from each regulated
process. Instantaneous, daily
maximum, and long term average
concentrations or mass, where
required, shall be reported. The
sample shall be representative of
daily operations and shall be
analyzed in accordance with
procedures set out in §51.079(J) of
this article. Where the Standard
requires compliance with a BMP or
pollution prevention alternative, the
User shall submit documentation as
required by the City or the
applicable standards to determine
compliance with the standard.
(iii) Sampling must be performed in
accordance with procedures set out
in §51.079(K) of this article.
(f) Certification. A statement, reviewed by
the user's authorized signatory and
certified by a qualified professional,
indicating whether pretreatment
standards are being met on a consistent
basis, and, if not, whether additional
operation and maintenance (O&M)
and/or additional pretreatment, is
required to meet the pretreatment
standards and requirements.
(g) Compliance schedule. If additional
pretreatment and/or O&M will be
required to meet the pretreatment
standards, the shortest schedule by
which the user will provide such
additional pretreatment and/or O&M.
The completion date in this schedule
shall not be later than the compliance
date established for the applicable
pretreatment standard. A compliance
schedule pursuant to this section must
meet the requirements set out in
§51.079(B) of this article.
(h) Signature and certification. All baseline
monitoring reports must be signed and
certified in accordance with §51.077(F)
of this article.
(B) Compliance schedule progress report. The
following conditions shall apply to the compliance
schedule required by §51.079(A)(2)(g) of this
article:
(1) The schedule shall contain progress
increments in the form of dates for the
commencement and completion of major
events leading to the construction and
operation of additional pretreatment required
for the user to meet the applicable
pretreatment standards (such events
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
include, but are not limited to, hiring an
engineer, completing preliminary and final
plans, executing contracts for major
components, commencing and completing
construction, beginning and conducting
routine operation);
user must submit documentation required by
the City or the pretreatment standard
necessary to determine the compliance
status of the user. All periodic compliance
reports must be signed and certified in
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. (I) 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 users 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
users 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
TITLE V PUBLIC WORKS
monitoring activities required by this article and
any additional records of information obtained
pursuant to monitoring activities undertaken by the
user independent of such requirements, and
documentation associated with Best Management
Practices established under 51.075(D). Records
shall include the date, exact place, method, and
time of sampling and the name of the person(s)
taking the samples; the dates analyses were
performed; who performed the analyses; the
analytical techniques or methods used; and the
results of such analyses. These records shall
remain available for a period of at least three
years. This period shall be automatically extended
for the duration of any litigation concerning the
user or the City, or where the user has been
specifically notified of a longer retention period by
the U.S. EPA, state, or City.
(Code 1991, §51.079; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96;
Ord. No. 4088, §6,4-7-98)
51.080 Compliance Monitoring
(A) Right of entry; inspection and sampling. The City
shall have the right to enter the premises of any
user to determine whether the user is complying
with all requirements of this article and any
wastewater discharge permit or order issued
hereunder. Users shall allow the City ready
access to all parts of the premises for the
purposes of inspection, sampling, records
examination and copying, and the performance of
any additional duties.
(1) Where a user has security measures in force
which require proper identification and
clearance before entry into its premises, the
user shall make necessary arrangements with
its security guards so that, upon presentation
of suitable identification, the City will be
permitted to enter without delay for the
purposes of performing specific
responsibilities.
(2) The City shall have the right to set up on the
user's property, or require installation of, such
devices as are necessary to conduct sampling
and/or metering of the user's operations.
(3) The City may require the user to install
monitoring equipment as necessary. The
facility's sampling and monitoring equipment
shall be maintained at all times in a safe and
proper operating condition by the user at its
own expense. All devices used to measure
wastewater flow and quality shall be
calibrated at least annually by a certified
technician to ensure their accuracy.
Calibration records shall be made available to
the City upon request.
(4) Any temporary or permanent obstruction to
safe and easy access to the facility to be
inspected and/or sampled shall be promptly
removed by the user at the written or verbal
request of the City and shall not be replaced.
The costs of clearing such access shall be
borne by the user.
(3) Unreasonable delays in allowing the City
access to the user's premises shall be a
violation of this article.
(B) Search warrants. If the City has been refused
access to a building, structure or property, or any
part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of
this article, or that there is a need to inspect
and/or sample as part of a routine inspection and
sampling program of the City designed to verify
compliance with this article or any permit or order
issued hereunder, or to protect the overall public
health, safety and welfare of the community, then
the City may seek issuance of a search warrant
from the city district court.
(Code 1991, §51.080)
51.081 Confidential Information
Information and data on a user obtained from reports,
surveys, wastewater discharge permit applications,
wastewater discharge permits, and monitoring
programs, and from the City's inspection and
sampling activities, shall be available to the public
without restriction, unless the user specifically
requests, and is able to demonstrate to the
satisfaction of the City, that the release of such
information would divulge information, processes or
methods of production entitled to protection as trade
secrets under applicable state law. Any such request
must be asserted at the time of submission of the
information or data. When requested and
demonstrated by the user furnishing a report that
such information should be held confidential, the
portions of a report which might disclose trade secrets
or secret processes shall not be made available for
inspection by the public, but shall be made available
immediately upon request to governmental agencies
for uses related to the NPDES program or
pretreatment program, and in enforcement
proceedings involving the person furnishing the
report. Wastewater constituents and characteristics
and other "effluent data" as defined by 40 CFR 2.302
will not be recognized as confidential information and
will be available to the public without restriction.
(Code 1991, §51.081)
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
51.082 Publication of Users in Significant
Noncompliance
The City shall publish annually, in a newspaper of
general circulation that provides meaningful public
notice within the jurisdictions served by the City's
WRRF, a list of the users which, during the previous 12
months, were in significant noncompliance with
applicable pretreatment standards and requirements.
The term significant noncompliance shall be applicable
to all significant industrial users (or any other industrial
user that violates paragraphs (C), (D) or (H) of this
Section) and shall mean:
(A) Chronic violations of wastewater discharge limits,
defined here as those in which sixty-six percent
(66%) or more of all the measurements taken for
the same pollutant parameter taken during a six-
month period exceed (by any magnitude) a
numeric pretreatment standard or requirement,
including instantaneous limits as defined in
51.074;
(B) Technical review criteria (TRC) violations, defined
here as those in which thirty-three percent (33%)
or more of wastewater measurements taken for
each pollutant parameter during a six-month
period equals or exceeds the product of the
numeric pretreatment standard or requirement
including instantaneous limits, as defined by
51.074 multiplied by the applicable criteria: 1.4 for
BOD, TSS, fats, oils and grease, and 1.2 for all
other pollutants except pH;
(C) Any other violation of a pretreatment standard or
requirement as defined by 51.074 (daily maximum,
long term average, instantaneous limit, or
narrative standard) that the City determines has
caused, alone or in combination with other
discharges, interference or pass through, including
endangering the health of city or WRRF personnel
or the general public;
(D) Any discharge of pollutants that has caused
imminent endangerment to the public or to the
environment, or has resulted in the City's exercise
of its emergency authority to halt or prevent such a
discharge;
(E) Failure to meet within 90 days of the scheduled
date, a compliance schedule milestone contained
in a wastewater discharge permit or enforcement
order for starting construction, completing
construction, or attaining final compliance;
(F) Failure to provide within forty five (45) after the
due date, any required reports, including baseline
monitoring reports, reports on compliance with
categorical pretreatment standard deadlines,
periodic self -monitoring reports, and reports on
compliance with compliance schedules;
(G) Failure to accurately report noncompliance; or
(H) Any other violation(s), which may include a
violation of Best Management Practices, which
the City determines will adversely affect the
operation or implementation of the local
pretreatment program.
(Code 1991, §51.082; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-
96; Ord. No. 4088, §8, 4-7-98)
51.083 Administrative Enforcement
Remedies
(A) Notice of violation. When the City finds that a
user has violated (or continues to violate) any
provision of this article, a wastewater discharge
permit or order issued hereunder, or any other
pretreatment standard or requirement, the City
shall serve upon such user either an informal
warning or a written notice of violation. Within five
business days of the receipt of the notice of
violation, an explanation of the violation and a
plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall
be submitted by the user to the City. Submission
of this plan in no way relieves the user of liability
for any violations occurring before or after receipt
of the notice of violation. Nothing in this section
shall limit the authority of the City to take any
action, including emergency actions or any other
enforcement action, without first issuing an
informal warning or a notice of violation.
(B) Consent orders. The City may enter into consent
orders, assurances of voluntary compliance, or
other similar documents establishing an
agreement with any user responsible for
noncompliance. Such documents will include
specific action to be taken by the user to correct
the noncompliance within a time period specified
by the document. Such documents shall have
the same force and effect as the administrative
orders issued pursuant to §51.083(D) and
§51.083(E) of this article and shall be judicially
enforceable.
(C) Show cause hearing. The City may order a user
which has violated or continues to violate, any
provision of this article, a wastewater discharge
permit or order issued hereunder, or any other
pretreatment standard or requirement, to appear
before the City and show cause why the
proposed enforcement action should not be
taken. Notice shall be served on the user
specifying the time and place for the meeting, the
proposed enforcement action, the reasons for
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
(5) Users shall control production of all
noncompliance to the extent caused by
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(B)(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
(1) A local limit exists for each pollutant
manner and in compliance with
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
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
51.137 Monthly Sewer Rates
(A) Monthly sewer rates.
(1) All monthly sewer charges shall be calculated
from the customer's monthly water usage. The
following monthly rates are hereby fixed as rates to
be charged for sewer services:
Table D-1
Monthly Sewer Rates Per 1,000 Gallons Before
January 1,2009
Usage Rate
Cost per
Class
In Gallons)
1,000 gallons
Residential
First 2,000
gallons
$3.10
Greater than
2,000
3.10
gallons
Non -Residential
All Usage
2.42
Major Industrial
All Usage
2.42
Farmington
All Usage
4.66
Outside city
All Usage
4.66
85% of
metered
2.81
Elkins
water usage
Usage
above 85%
1.98
of metered
water_usage e
Table D-2
Monthly Sewer Rates Per 1,000 Gallons After
December 31, 2008
Class
Usage Rate
Cost per
(In Gallons)
1,000 gallons
Residential
First 2,000
gallons
$3.00
Greater than
2,000
4.00
gallons
Non -Residential
All Usage
3.02
Major Industrial
All Usage
3.03
Farmington
All Usage
5.13
Outside city
All Usage
5.57
85% of
metered
3.53
Elkins
water usage
Usage
above 85%
1.85
of metered
water_usage e
Table D-3
Monthly Sewer Rates Per 1,000 Gallons After
December 31, 2009
Usage Rate
Cost per
Class
(In Gallons)
1,000 gallons
Residential
First 2,000
gallons
$3.07
Greater than
4.10
2,000 gallons
Non -Residential
All Usage
3.10
Major Industrial
All Usage
3.21
Farmington
All Usage
5.28
Outside city
All Usage
5.74
85% of
metered water
3.64
Elkins
usage
Usage above
85% of
1.91
metered water
usage
Table D-4
Monthly Sewer Rates Per 1,000 Gallons After
December 31, 2010
Usage Rate
Cost per
Class
In Gallons)
1,000 gallons
First 2,000
$3.14
Residential
gallons
Greater than
418
2,000 gallons
Non -Residential
All Usage
3.18
Major Industrial
All Usage
3.40
Farmington
All Usage
5.44
Outside city
All Usage
5.91
85% of
metered water
3.75
Elkins
usage
Usage above
85% of
1.96
metered water
usage
(2) Beginning January 1, 2012, all monthly
sewer quantity charge- usage rates per
1,000 gallons shall be increased by 3% per
year.
(3) Sewer related fees levied by the Cities of
Farmington or Greenland shall be added to
the wastewater utility bill at the request of
Farmington or Greenland. These fees may
be calculated on a per -thousand volumetric
usage or a per month basis.
(B) Monthly sewer service charge.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
(1) In addition to the above, each customer shall
pay a monthly sewer service charge in
accordance with the following schedule:
Table E-1 Monthly Sewer Service Charge
Prior to January 1, 2009
Meter Size
Inside City
Outside
Cityt
Farmingtont
518"x3/4"
$ 10.36
$ 10.35
$ 10.35
1 inch
13.47
19.35
19.35
1'/ inch
21.99
34.33
34.33
2 inch
31.44
49.32
49.32
3 inch
73.01
104.40
104.40
4 inch
120.26
171.97
171.97
6 inch
238.37
340.87
340.87
8 inch
356.48
509.76
509.76
Table E-2 Monthly Sewer Service Charge
After December 31, 2008
Meter Size
Inside City
Outside
Cityt
Farmingtont
5/8" x3/4"
$ 12.45
$ 12.40
$ 11.40
1 inch
16.20
23.10
21.30
1'/ inch
26.45
41.10
37.80
2 inch
37.80
54.30
50.00
3 inch
87.75
125.50
115.30
4 inch
144.50
206.60
189.85
6 inch
286.45
409.60
376.40
8 inch
428.40
612.60
563.00
Table E-3 Monthly Sewer Service Charge
After December 31, 2009
Meter
Size
Inside City
Outside
Cityt
Farmingtont
5/8'x3/4
$ 12.80
$ 12.80
$ 11.70
1 inch
16.65
23.80
21.90
1'/ inch
27.15
42.30
38.90
2 inch
38.85
55.90
51.50
3 inch
90.20
129.25
118.75
4inch
148.60
212.80
195.55
6 inch
294.50
421.88
387.70
8 inch
440.45
631.00
579.90
Table E-4 Monthly Sewer Service Charge
After December 31, 2010
Meter
Size
Inside City
Outside
Cityt
Farmingtont
518" x
3/4"
$ 13.20
$ 13.20
$ 12.10
1 inch
17.15
24.50
22.60
1'% inch
28.00
43.60
40.10
2 inch
40.05
57.60
53.05
3 inch
93.00
133.10
122.30
4inch
153.25
219.20
201.50
6 inch
303.70
434.50
400.00
8 inch
454.20
650.00
597.30
tCost of Service Methodology required by contract.
(2) Beginning January 1, 2012, all monthly
sewer service charges shall be increased by
3% per year.
(C) Determination of sewer quantity charge for
residential customers.
(1) In the case of residential customers residing
in a single family home, duplex, triplex, and/or
fourplex, the average monthly water
consumption for the preceding months of
December, January, and February shall be
computed separately for each customer, and
a uniform monthly charge for each customer
shall be determined by applying the schedule
of rates set out in subsection (A) of this
section to such average monthly water
consumption. In the case of a residential user
for whom a uniform monthly charge has been
established and who moves to a new location
the same uniform monthly charge shall apply
at the new location. In the case of new
residential customers, sewer averages shall
be established based on the number of
individuals residing within the dwelling unit, at
a rate of 2,100 gallons per customer per
month. This methodology of sewer averaging
shall not apply to multi -family structures
containing five (5) or more units in a
contiguous building.
(2) In the case of sewer customers who do not
have a water meter provided by a public water
utility, the sewer usage volume billed shall be
the average volume of all users in the sewer
system in like dwellings from the most recent
system -wide sewer average calculation.
(D) Determination of charge for non-residential and
major industrial customers. In the case of non-
residential and/or major industrial customers, the
monthly sewer charge shall be determined by
applying the schedule of rates prescribed in
subsection (A) of this section to the monthly water
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
usage of such customers. In the event that a non-
residential or major industrial customer discharging
waste into the city's sanitary sewer system
produces evidence to the Water and Wastewater
Director demonstrating that a substantial portion of
the total amount of water from all sources used for
all purposes does not reach the sanitary sewer
which is in excess of the factors used in establishing
the rates in subsection (A) of this section, an
estimated percentage of total water consumption to
be used in computing charges may be established
by the Water and Wastewater Director. The factors
used in establishing said rates are on file in the
office of the Water and Wastewater Director and
are incorporated herein by reference thereto. Any
rate so adjusted by the Water and Wastewater -
Director shall be effective for a 12 -month period
beginning with the billing for the month when rates
adjudged hereby go into effect.
(E) Extra Strength Surcharge.
(1) For all significant industrial users as defined in
§51.074, whose wastewater discharge is
greater than 300 mg/I of BOD5 and/or TSS, the
City shall levy an Extra Strength Surcharge for
each parameter in accordance with the
following unit charges:
Table F3 Extra Strength Surcharges
After 121112011
Extra Strength
BOD5
$0.3145 per pound
Extra Strength TSS
$0.2209 per pound
(2) Starting after December 31, 2011, Extra
Strength Surcharges shall be increased by 3%
per year.
(3) Extra Strength Surcharges shall be billed
monthly and shall be computed on the basis of
water meter reading (wastewater discharge
volume).
(4) All sampling and analyses of the wastewater
characteristics shall be performed in
accordance with U.S. Environmental
Protection Agency 40 Code of Federal
Regulations Part 136 approved methods.
(5) The volume of flow used in computing
surcharge shall be based upon metered water
consumption as shown in the records of meter
readings maintained by the city's business
office. In the event that a user discharging
waste into the city sanitary sewer system
produces evidence to the city demonstrating
that a portion of the total amount of water
used for all purposes is not discharged into
the sanitary sewer, a separate meter or
meters or other approved flow measuring
device maybe installed at the user's expense,
upon its request, to measure only that portion
of the total flow being discharged into the city
sewer system. If a surcharge is assessed by
the city, it shall be shown separately on the
monthly billing.
(6) Any person discharging industrial waste into
the sanitary sewers of the city who procures
any part or all of the user's water supply from
sources other than the city, all or part of which
is discharged into the sanitary sewer, shall
install and maintain at the user's expense
water meters of the type approved by the city
for the purpose of determining the proper
volume of flow to be used in computing sewer
service charges. Such meter will be read
monthly and tested for accuracy when
deemed necessary by the city. Where it can
be shown that a portion of the water
measured by the aforesaid meter or meters
does not enter the sanitary sewer system of
the city, a separate meter or meters or other
approved flow measuring device may be
installed at the user's expense, upon its
request, to measure only that portion of the
total flow being discharged into the city sewer
system. If a surcharge is assessed by the
city, it shall be shown separately on the
monthly billing.
(7) Computation of extra strength surcharges
shall be based on the following formula:
(a) Extra strength surcharge:
S = V x 8.34 x [BOD Unit
Charge (BOD - 300) + SS Unit
Charge (TSS - 300)]
(b) Where:
S = Surcharge in dollars
V = Sewer volume in million
gallons
8.34 = Pounds per gallon of water
BOD Unit= Unit charge for BOD in
Charge dollars per pound
BOD = BOD strength in parts per
million
300 = Allowed BOD strength in parts
per million
TSS Unit = Unit charge for suspended
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
Charge solids in dollars per pound 7-1-86; Ord. No. 3285, 8-4-87; Ord. No. 3398, 1-3-89; Ord.
No. 3491, 7-17-90; Ord. No. 3637, §§1, 2, 8-18-92; Ord. No.
TSS = Suspended solids strength in 4059, §2, 10-7-97; Code 1991, §51.137; Ord. No. 4530, 12 -
parts per million 02-03; Ord. No. 4803, 12-20-05; Ord. 4998, 4-3-07; Ord.
5129, 4-15-08; Ord. 5438, 9-20-11)
300 = Allowed TSS Strength in parts
per million
(F) Elkins sewer charges.
(1) Elkins' payment for wastewater treatment shall
be based on 85% of the metered water
purchased. The volume of wastewater
received by Fayetteville at the "Point of
Connection" shall be measured by the installed
wastewater meter. Volumes of wastewater
below or above the agreed upon percentage
(85%) of metered water, as measured by the
wastewater meter, shall be recorded on a
monthly basis, with a reconciliation of the net
difference to occur semiannually in June and
December. If the reconciliation volume is over
the agreed upon percentage, this amount shall
be billed to Elkins in June and December at the
actual computed cost of wastewater collection
to and treatment at the Noland Wastewater
Treatment Plant, not including the calculated
rate of return and not including depreciation
charges, but including any capacity surcharge,
based on the most recent rate as determined
in paragraph B of this Contract. If the
reconciliation volume is below the agreed upon
percentage, the actual amount billed for the
difference shall be refunded to Elkins in June
and December
51.138 Definitions Pertaining to Water
and Sewer Rates
For the purpose of the sections pertaining to water and
sewer rates, the following definitions shall apply unless
the context clearly indicates or requires a different
meaning:
(A) City of Farmington customer. Customer whose
structure being served for water and/or
wastewater is physically located within the
incorporated limits of the City of Farmington,
Arkansas, who is served by the City of Fayetteville
for water and/or sewer service.
(B) Inside City customer. Customer whose structure
being served for water and/or wastewater is
physically located inside the incorporated limits of
the City of Fayetteville, AR.
(C)
(2) Elkins impact fee charges. The City of Elkins
shall pay an additional $0.25 per 1,000 gallons
of wastewater, for all wastewater volume
charges including both the 85% of metered
water volume and for wastewater in excess of (D)
the 85% of the metered water purchased billed
volume.
(G) Hauled Wastewater Fees.
(1) Application fee. An application to discharge
hauled domestic waste must be accompanied
by a fee of $100.00.
(2) Discharge fee. A fee of $50.00 must be paid
for each hauled domestic waste load
discharged.
(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.
(Code 1965, §21-26; Ord. No. 1165, 4-18-58; Ord. No. 3197,
Infiltration/inflow. The total quantity of water other
than wastewater from both infiltration and inflow
without distinguishing the source from defective
pipes, pipe joints, connections, manholes, roof
down spouts, cellar drains, yard drains, area
drains, foundation drains, drains from springs and
swampy areas, storm sewer cross connections,
catch basins, cooling towers, storm waters,
surface runoffs, street wash water, or drainage.
Infiltration and Inflow are specifically prohibited
from being intentionally allowed into the sanitary
sewer system.
Irrigation users. Irrigation users include meters
installed which serve primarily landscape irrigation
systems and include city -owned meters which
directly connect to the city water system (water
only) or privately owned meters located
downstream of a city -owned meter (exempt
meters). Meters which serve park properties, golf
courses, commercial nurseries and/or land
agricultural uses shall be classified as irrigation
except for meters at these locations which serve
exclusively non -irrigation uses. Exempt meters
which serve uses other than landscape irrigation
systems shall also be considered irrigation and
shall not be considered commercial.
(E) Major industrial user. An industrial customer who
uses an average of 5,000,000 gallons or more of
metered water per month in the previous calendar
year for non -irrigation use at a common
facility/building. This does not apply to combined
or consolidated sets of bills for non -irrigation use
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
at separate facilities/buildings.
(F) Municipality. A city, town, county, parish, district,
association, or other public body (including an inter -
municipal agency of two or more of the foregoing
entities) created under state law having jurisdiction
over disposal of sewage, industrial waste or other
waste. The definition includes special districts such
as water, sewer, sanitary, utility, drainage,
transport, or disposal of liquid waste of the general
public in a particular geographic area.
(G) Non-residential customer or user. All customers
that do not meet the specific definitions of
residential customers, irrigation users, or major
industrial users. Non-residential customers include
but are not limited to retail establishments,
restaurants, office buildings, laundries,
governmental, educational, social, charitable,
religious, medical, penal institutions, poultry
houses, other private business and service
establishments. It also includes industrial users
using less than an average of 5,000,000 gallons per
month in the previous calendar year.
(H) Operation and maintenance. Those functions that
result in expenditures during the useful life of the
treatment works for materials, labor, utilities, and
other items which are necessary for managing and
for which such works were designed and
constructed. The term "operation and
maintenance" includes replacement.
(I) Replacement. Expenditures for obtaining and
installing components, equipment and
appurtenances which are necessary during the
useful life of the treatment works to maintain the
capacity and performance for which such works
were designed and constructed.
(J) Residential customer or user. Any contributor of
wastewater to the city's treatment works whose
dwelling in a single family home, duplex, triplex,
fourplex and/or any individually metered dwelling
unit that is used for domestic dwelling purposes
only.
(K) Treatment works. Any devices and systems for the
storage, treatment, recycling, and reclamation of
municipal sewage, domestic sewage, or liquid
industrial wastes. These include intercepting
sewers, outfall sewers, sewage collection systems,
pumping, power, and other equipment and their
appurtenances; extensions improvement;
remodeling, additions, and alterations thereof;
elements essential to provide a reliable recycled
supply such as standby treatment units and clear
well facilities; and any works, including site
acquisition of the land that will be an integral part of
the treatment process or is used for ultimate
disposal of residues resulting from such treatment
(including land for composting biosolids,
temporary storage of such compost, and land
used for the storage of treated wastewater in land
treatment systems before land application); or any
other method or system for preventing, abating,
reducing, storing, treating, separating, or
disposing of municipal waste or industrial waste,
including waste in combined storm water and
sanitary sewer systems.
(L) Useful life. The estimated period during which a
treatment works will be operated.
(M) User charge. That portion of the total wastewater
service charge which is levied in a proportional
and adequate manner for the cost of operation,
maintenance and replacement of the wastewater
treatment works.
(N) Water meter. A water volume measuring and
recording device, furnished and installed by the
water department of the city. In some bulk water
cases, primarily for construction uses where a
standard water meter cannot be used due to
large volume or water velocity requirements, the
water shall be measured using a picot gauge and
a timer.
(Code 1965, §21-26.1; Ord. No. 1760, 9-9-70; Ord. No. 2913,
4-19-83; Ord. No. 2972, 1-17-84; Ord. No. 3197, 7-1-86; Ord.
No. 3491, 7-17-90; Ord, No. 3637, §3,8-18-92; Ord. No.4059,
§3,10-7-97; Code 1991, §51.138; Ord. 5124, 4-1-08)
51.139 Reviews of Water and Sewer
Rates, Notification to User
(A) Periodic review by city; revision of rates. The city
shall review the charges periodically and revise
the rates as necessary to ensure that adequate
revenues are generated to pay the cost of
operation, maintenance, and replacement, and
that the system continues to provide for the
proportional distribution of operation,
maintenance, and replacement costs among
users and user classes.
(B) Notification of user. The city shall notify each
user at least annually, in conjunction with a
regular bill, of the rates being charged for
operation, maintenance and replacement of the
wastewater treatment works.
(Code 1965, §21-27; Ord. No. 1103, 2-20-56; Code 1991,
§51.139; Ord. 5125, 4-1-08)
State law reference(s)—Cities of the first class - Sale or
purchases of water to other municipalities, A.C.A. §14-234-
108; Cities of the first class - Sale of water to certain persons;
A.C.A. §14-234-109; Waterworks operated in governmental
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
capacity -Services to nonresident consumers, A.C.A. §14-234- charge of utility billing. This official shall
110; Service to adjacent areas -Municipalities generally, A.C.A. be authorized to order that the
§14-234-111. customers service not be discontinued
and shall have the authority to make a
51.140 Water Billing Procedure final determination of the customer's
complaint.
(A) Water service bills. All bills for water services shall
be rendered in the net amount due. Water bills are
(2) Requests for delays or waiver of payment will
due and payable on or before the 20th day following
not be entertained; only questions of proper
the billing date stated on the water bill. Water bills
and correct billing will be considered. In the
not paid on or before the due date shall be
absence of payment of the bill rendered or
considered delinquent and an additional charge of
resort to the hearing procedure provided
10% of the total bill shall be paid; provided said
herein, service will be discontinued at the time
penalty may be waived for elderly or handicapped
specified.
utility customers pursuant to a penalty waiver
program approved by the City Council.
(3) Before service may be re-established
following disconnection or forfeiture of a
(B) Termination of service. The city shall disconnect
service deposit, the consumer must pay any
utility service in accordance with the following
bill due the city for water service not liquidated
policies:
by the forfeited deposit. Said consumer must
also make a new service deposit in
(1) When it becomes necessary for the city to
accordance with §51.135(1) and pay an
discontinue utility service to a customer for
additional service charge of $35.00.
nonpayment of bills, service will be reinstated
only after all bills for service then due have
(4) Definition of 'customer'
been paid and deposit required has been
made. It is the policy of the city to terminate
(a) For purposes of this section a 'customer
service to customers for reason of nonpayment
shall mean a person or the spouse of the
of bills only after they have been given notice
person in whose name water service
and a meaningful opportunity to be heard on
from the City of Fayetteville has been
disputed bills. The city's form for application
obtained. A 'customer' shall also mean
for utility service and all bills shall contain, in
the trustee or any beneficiary of a trust
addition to the title, address, room number, and
which is the owner of any property which
telephone number of the official in charge of
has received water service from the City
billing, clearly visible and easily readable
of Fayetteville. Furthermore, a person
provisions to the effect:
who is a member of a Limited Liability
Company, partnership, or similar entity
(a) That all bills are due and payable on or
which received water service in the
before the date set forth on the bill; and
entity's name or a principal shareholder
or director of a corporation which has
(b) That if any bill is not paid by or before that
received water service shall be
date, notice will be mailed advising the
considered a 'customer.
customer that if the bill is not paid within
28 days following the billing date stated on
(b) Unless the mayor determines it would be
the water bill service will be disconnected,
unfair and create an undue hardship on
and the customers deposit will be forfeited
any such customer or other person, the
in an amount sufficient to cover the gross
failure of such customer to fully pay the
amount of his due bill. The forfeiture of the
customers city utility bill for any city utility
deposit shall take place if the customer
account shall justify the discontinuance
has not paid the delinquent bill plus all
of utility service to all of the customer's
applicable service charges within seven
properties and accounts. The mayor
days after disconnection; and
may exempt from discontinuance of
service a particular customer's utility
(c) That any customer disputing the
account to prevent unfairness and undue
correctness of his bill shall have a right to
hardship.
a hearing at which time he may be
represented in person and by counsel or
(5) If the water meter has not been shut off, there
any other person of his choosing and may
shall be a service charge of $5.00 for
present orally or in writing his complaint
collection of a water bill made in the field by a
and contentions to the city official in
service person.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
(Code 1991, §51.141)
(C) Billing adjustments. All water consumers will be
required to pay the full amount of the bill calculated
by the city, except in those instances where the
water meter concerned, or other water plant
property, has been shown to be defective and has
resulted in an excessive charge to the customer's
account.
(1) Where the consumer has not been negligent
by his failure to repair known leaks or causes
of excess water consumption, an adjustment
may be made to the consumer's bill if in the
opinion of the water and wastewater director,
or his official representative, an adjustment is
justified.
(2) In no event shall a billing adjustment exceed
50% of the difference between the average of
the customers prior billings and the amount of
the disputed billing.
(3) In no event will a billing adjustment amounting
to less than $1.00 be made.
(4) If the problem with the bill is due to leakage or
some problem other than a misread or a
malfunction of city equipment, the consumer
shall pay a service charge of $5.00.
(5) Permanent house numbers, visible from the
street, if possible shall be prominently
displayed before a meter check or service call
is made.
(Code 1965, §21-28--21-28.2; Ord. No. 1165, 4-18-58; Ord.
No. 1731, 2-2-70; Ord. No. 2144, 9-25-75; Ord. No. 2330, 5-3-
77; Ord. No. 2675, 11-4-80; Ord. No. 3193, 6-18-86; Ord. No.
3436, 7-5-89; Ord. No. 4223, 2-15-00; Code 1991,
§51.140;Ord. 5219, 2-3-09)
51.141 Sewer Billing Procedure
(A) Bills for sewer service shall be rendered monthly.
Sewer bills are due and payable on or before the
20'" day following the billing date stated on the
sewer bills. Sewer bills not paid on or before the
due date shall be considered delinquent and an
additional charge of 10% of the total bill shall be
added, and if any bill not paid within 30 days after
the bill shall be due, suit may be brought to collect
the amount due, together with the expenses of
collection and a reasonable attorney's fee.
(B) In the case of the sewer customers outside the city
limits, if the monthly service charges are not paid
within the prescribed time, sewer service to the
customer will be discontinued in the same manner
and subject to the same provisions as prescribed
for discontinuance of service under §51.140(B).
51.142 Reduction Of Rates
The city hereby covenants and agrees that the rates
established by this article shall never be reduced while
any waterworks and sewer revenue bonds issued
pursuant to Ordinance No. 1166, passed and approved
April 18, 1958, are outstanding, unless there is
obtained from an independent certified public
accountant a certificate that the net revenues of the
system for each of the two preceding fiscal years (net
revenues being defined as gross revenues less the
reasonable expenses of operation and maintenance of
the system, including all expense items properly
attributable to operation and maintenance under
generally accepted accounting practices applicable to
municipal waterworks and sewer systems) were equal
to the amount required to be set aside for a
depreciation fund by Ordinance No. 1166, plus at least
150% of the maximum amount that will become due in
any year for principal, interest, and service charges on
all waterworks and sewer revenue bonds then
outstanding, together with a written opinion from such
independent certified public accountant that the
proposed new rate will produce sufficient net revenue,
as above defined, to make the required deposit into
such depreciation fund and to leave a balance equal to
at least 150% of the maximum amount that will become
due in any year for principal, interest and service
charges on all waterworks and sewer revenue bonds
then outstanding.
(Code 1965, §21-30; Ord. No, 1165, 4-18-58; Code 1991,
§51.142)
51.143 Turning -On Of Water; Fees
(A) All consumer requests for same day turn on
service shall pay a $15.00 turn on fee in advance.
(B) Before water service shall be turned on,
permanent house numbers visible from the street,
if possible, must be prominently displayed on the
property. In the event water service cannot be
turned on because the house numbers have not
been prominently displayed or are inaccurate, the
customer shall pay a $15.00 service charge for
each trip to the property made by a service person
for the purpose of turning on the water; provided
there shall be no charge for the first two trips. For
existing water services which do not have
permanent house numbers prominently displayed
on the property, the consumer shall be given
written notice by certified mail that if his permanent
house numbers are not prominently displayed
within seven days from the date of the notice,
water service shall be disconnected and shall not
be reconnected until a $15.00 service charge is
paid.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
(C) In the event water service cannot be left on
because of water running on the customer's side of
the meter, a notice shall be left on the property
stating that the water was left off because of the
running water. In the event the service person is
required to make more than one additional trip to
turn on the water, or if the trip is made after normal
working hours as defined in §51.140(B)(2) there
shall be an additional service charge of $10.00 per
trip.
(Code 1965, §§21-31--21-33; Ord. No. 2144, 9-2-75; Ord. No.
2675,11-4-80; Code 1991, §51.143)
51.144 Filling Water Tanks On
Commercial Trucks; Rates
(A) Water rates for consumers that purchase water for
the purpose of filling water tanks on commercial
trucks shall be as follows:
Table I
Water Rates for Commercial Water Trucks
Volume
Rate
First 1,000
A minimum of $9.00
gallons
($5.00 labor plus $4.00
water/tax).
Greater than
1,000 gallons
$4.00 per 1,000 gallons
(B) Rates are charged on a per -trip basis. The initial
labor charge shall be paid upon each arrival at the
fill site.
(Ord. No. 3478,4-3-90; Ord. No. 3491, 7-17-90; Ord. No. 4059,
§4, 10-7-97; Code 1991, §51.144; Ord. 5126, 4-1-08)
51.145 Address Number Requirements
(A) Definitions. For the purpose of this section, the
following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(1) Permanent numbers. Address numbers that
are raised numbers, made of metal, wood, or
plastic and are nailed or screwed into the
building. These numbers are those assigned
to the building by the city.
(2) Stick -on numbers. Address numbers that have
an adhesive backing that are designed, or
were originally designed, to stick onto the
building.
(3) Temporary numbers. Address numbers that
are raised numbers, made of metal, wood, or
plastic and are nailed or screwed onto a board,
and staked into the ground and rise from three
to four feet above the ground. Temporary
numbers may also be painted onto a board
and staked into the ground.
(B) Permanent address numbers required.
(1) Permanent numbers must be nailed or
screwed into the building and must be clearly
visible from the street.
(2) All numbers shall be installed at the expense
of the owner and shall be maintained at the
owner's expense.
(3) No "stick -on" numbers shall be accepted.
(4) All numbers must be made of metal, plastic,
or wood.
(5) All numbers must be at least 3: inches in
height.
(6) All numbers must be contrasting in color to
the building.
(7) Numbers must be displayed on the front of the
building, or on the side that faces the street
and easily visible from the street.
(8) Commercial establishments must have
permanent numbers nailed or screwed into
the building. Commercial establishments with
glass fronts may have painted numbers on
the glass, but only if there is nowhere possible
to nail or screw permanent numbers into the
building.
(9) Commercial establishments that have
individual suites must have permanent
numbers on the building (building number)
and also permanent numbers on each suite
(suite number).
(10) Mobile homes must have permanent address
numbers nailed or screwed into the trailer.
The numbers must be affixed to the side or
end of the trailer that faces the street.
(11) Mobile home parks must have the park
address number displayed at the entrance to
the park (may have permanent numbers or
painted numbers affixed to park entrance
sign), and must also have permanent,
individual space numbers affixed to each
mobile home.
(12) Apartment buildings must have the building
number permanently affixed to each building,
and must also have individual apartment
numbers permanently affixed to each
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
apartment.
(13) Buildings not visible from the street must have
permanent numbers nailed or screwed into a
board and posted at the entrance of the
driveway (either on a post or on a tree);
numbers must raise from three to four feet
above the ground, and be clearly visible from
the street. If two or more buildings are on the
same drive, permanent numbers must also be
nailed or screwed into each individual building,
as well as both numbers posted at the entrance
of the driveway.
(14) Construction sites, where the building is not
complete enough to affix permanent address
numbers, must display temporary numbers at
the construction site where they are clearly
visible from the street.
(15) Locations where there is a water meter for
purposes of irrigating, watering stock, chicken
houses, and the like where there is no building
to affix numbers, must be permanently nailed
or screwed onto a board and posted at the
entrance of the driveway; numbers must rise
from three to four feet above the ground, and
be clearly visible from the street. If there is no
driveway to the property, the board must be
posted near the water meter box.
Any variations from this policy must have the
prior written consent of the water and sewer services
superintendent.
(C) Service requests.
(1) Permanent numbers must be displayed before
any service calls will be made by the city.
(2) Permanent numbers must be displayed before
a meter check or billing adjustment is made by
the Water and Sewer Division.
(3) Permanent numbers must be displayed before
water service is turned on at the address.
(4) In the event a service call is made and the
address number is not displayed in the above
manner, the property owner shall be assessed
a fee of $15.00 for each trip to the property
made by a service person provided there shall
be no charge for the first two trips. There shall
be a $25.00 fee assessed for any service calls
made after normal working hours (weekdays
between 4:00 p.m. and 8:00 a.m., on holidays,
or on weekends).
(5) For existing water services which do not have
permanent numbers prominently displayed,
the consumer shall be given written notice by
certified mail that if his permanent numbers
are not prominently displayed within 21 days
from the date of the notice, water service shall
be disconnected and shall not be reconnected
until permanent numbers have been properly
displayed and a $15.00 service charge is
paid.
(Ord. No. 3569,10-1-91; Code 1991, §51.145)
51.146 Backflow Prevention
(A) Purpose. The purpose of this section is as follows:
(1) To protect the public water supply of the city
from the possibility of contamination or
pollution from backflow into the public water
system.
(2) To promote the elimination or control of cross
connections, actual or potential, between the
customers potable water system(s) and
nonpotable water systems, plumbing fixtures,
and industrial piping systems.
(3) To contain at the service connection any
actual or potential pollution or contamination
within the customer's premises.
(4) To provide a continuous, systematic, and
effective program of cross -connection control.
(B) Definitions. For the purpose of this section, the
following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(1) Backflow shall mean a hydraulic condition,
caused by a difference in pressures, in which
non -potable water or other fluids flow into a
potable water system.
(2) Back/low preventer shall mean a testable
assembly to prevent backflow.
(3) Cross connection means any actual or
potential connection between the public water
system and a source of contamination or
pollution.
(4) Double-check valve assembly (DC) means a
complete assembly meeting AWWA Standard
C510 and the requirements of the Arkansas
State Plumbing Code consisting of two
internally loaded, independently operating
check valves between two tightly closing
resilient -seated shutoff valves, with four
properly placed resilient seated test cocks.
(5) Reduced -pressure principle backflow
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
prevention assembly (RP) means a complete
assembly meeting AWWA Standard C511 and
the requirements of the Arkansas State
Plumbing Code consisting of a hydraulically
operating, mechanically independent
differential relief valve located between two
independently operating, internally loaded
check valves that are located between two
tightly closing resilient seated shutoff valves
with four properly placed resilient -seated test
cocks.
(6) Air gap (AG) means a physical separation
between two piping systems.
(C) Handbook of Policies and Procedures. There is
hereby adopted by the City Council, by reference
(4) Degree of hazard. The degree of hazard shall
thereto, the provisions set forth in the City of
be as determined as set forth in AWWA M-14
Fayetteville Cross -Connection Control Program:
manual or as described below:
Handbook of Policies and Procedures, as may from
time to time hereafter be amended.
(a) In the case of any premises where there
is an auxiliary water supply connected to
(D) Applicability,
the plumbing system, the public water
system shall be protected from the
(1) The requirements and standards set forth
possibility of backflow by a reduced -
herein shall apply to industrial and commercial
pressure principle backflow prevention
establishments.
assembly (RP) at the service connection.
(2) Single-family, residential dwelling units, unless
(b) In the case of any premises where
involved in commercial operations, are exempt
substances are handled and/or used that
from the requirements of this section except
are objectionable, but not hazardous to
where they fall under the purview of the
human health, and the likelihood exists of
Arkansas State Plumbing Code and/or the City
it being introduced into the public water
of Fayetteville's Cross -Connection Control
system by virtue of a backflow
Program: Handbook of Policies and
occurrence, the public water system shall
Procedures,
be protected by an air gap or approved
double check valve assembly (DC).
(3) These standards are supplemental to and do
not supersede or modify the Arkansas State
(c) In the case of any premises where there
Plumbing Code (ASPC) and its latest revisions
is any material hazardous to human
under which the city operates.
health, which is handled and/or used in
such a fashion as to create an actual or
(E) Administration. The Water and Sewer Division of
potential threat to the public water
the city shall be responsible for administration of
system by virtue of a backflow
this section and evaluating the hazards inherent in
occurrence, the public water system shall
supplying a customer's water system.
be protected by an air gap or an
approved reduced - pressure principle
(F) Back/low prevention.
backflow prevention assembly (RP).
(1) Evaluation of hazards. The Water and Sewer
(d) In the case of any premises where there
Division shall determine whether solid, liquid,
are unprotected cross -connections,
or gaseous pollutants or contaminants are, or
either actual or potential, the public water
may be, handled and/or used on the
system shall be protected by an
customer's premises in such a manner as to
approved reduced -pressure principle
possibly contaminate the public water system.
backflow prevention assembly (RP) or an
air gap at the service connection.
(2) Customer installation of BFP. When a hazard
or potential hazard to the public water system
(e) In the case of any premises where,
is found on the customer's premises, the
because of security requirements or
customer shall be required to install an
other prohibitions or restrictions, it is
approved backflow prevention assembly
(BFP), or an air gap, at each public water
service connection to the premises.
(3) Type of BFP.
(a) The type of BFP required shall depend
on the degree of hazard involved.
(b) Any backflow prevention assembly
required herein shall be an approved
type which is in compliance with
requirements of the City of Fayetteville's
Cross -Connection Control Program:
Handbook of Policies and Procedures.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
impossible or impractical to make a
complete cross -connection survey, the
public water system shall be protected by
the installation of an approved reduced -
pressure principle backflow prevention
assembly (RP) or an air gap at the service
connection.
(G) Noncompliance/emergencies.
(1) Violation/notice. Upon discovery of any
protective device required by this section which
has not been installed, or is defective, or has
been removed, or altered, or relocated, or
bypassed, (except emergency situations),
written notice shall be given to the customer.
Such notice shall set forth the violation, the
remedy required, and the time frame in which
the violation shall be remedied.
(2) Water service discontinued.
(a) If violations are not corrected by the date
and time as stated on the notice, the water
supply will be discontinued by the Water
and Sewer Division.
(b) Discontinued water service shall not be
resumed until conditions at the customer's
premises have been abated or corrected
to the satisfaction of the Water and Sewer
Division.
(3) No waterservice connection. No water service
connection shall be installed on the premises
of any customer unless the public potable
water system is protected as required by this
section.
(4) Emergency. In emergency situations when the
public potable water supply is being
contaminated or is in immediate danger of
contamination, the water service shall be
discontinued by the water and sewer division
immediately without notice.
(H) Right of entry. For the purpose of making any
inspections or discharging the duties imposed by
this section, the Water and Sewer Division of the
city, the state health department, and/or plumbing
inspector shall have the right to enter upon the
premises of any customer. Each customer, as a
condition of the continued delivery to his premises
of water from the public water supply, shall be
considered as having stated his consent to the
entry upon his premises by the Water and Sewer
Division of the city, the state health department,
and/or plumbing inspector for the purpose stated
herein.
(I) Ownership. Backflow prevention assemblies
required by this section will be installed
downstream of the water meter and are owned by,
and are the responsibility of the customer of the
water utility.
(J) Installation and costs. Customers of the city water
utility requiring backflow prevention assemblies
shall pay all costs associated with installation of
the appropriate size and type of backflow
preventer under private contract. Backflow
prevention assemblies shall be installed in
accordance with the requirements of the city's
Cross -Connection Control Program: Handbook of
Policies and Procedures. The Water and Sewer
Division shall review and approve all plans for
placement of backflow preventers prior to
installation. Backflow prevention assemblies not
installed in accordance with the requirements of
the city's Cross -Connection Control Program:
Handbook of Policies and Procedures shall be
corrected at the customer's expense.
(K) Testing and maintenance. The customer or the
contractor responsible for the installation of the
backflow prevention assembly will notify the Water
and Sewer Division immediately after installation
of the assembly so that it can be tested and
inspected. The Water and Sewer Division will
inspect and test the backflow prevention assembly
within ten days of the installation date and
annually thereafter. In instances where the Water
and Sewer Division, the City of Fayetteville, and/or
the plumbing inspector deems the hazard to be
great enough, testing may be required at more
frequent intervals. All costs of testing shall be paid
by the customer. Any repairs required as a result
of inspections or testing shall be arranged for and
paid by the customer through private contract with
a certified assembly repair technician. Records of
inspections, testing, and/or repairs to backflow
preventers shall be kept by the Water and Sewer
Division and/or the city and made available to the
state health department upon request.
(L) New construction. All new construction within the
city be effected upon the passage of this section.
All existing customer premises shall be in
compliance with this section in accordance with
the notification by the water utility.
(M) Thermal expansion. It is the responsibility of the
customer to eliminate possible hazards caused by
thermal expansion if a closed system has been
created by the installation of a backflow assembly.
(Ord. No. 4140, §1, 2-2-99; Code 1991, §51.146)
51.147-51.998 Reserved
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
51.999 Penalty
(A) The use or withdrawal of water by any person when
prohibited under the terms of §51.001 is declared to
be a misdemeanor punishable by a fine of not more
than $25.00; however, if the violation of said
sections is continuous in respect to time, the
penalty for the continuation thereof shall not exceed
$15.00 for each day that the same is continued.
(B) It is hereby declared to be a misdemeanor for any
person to fail, neglect, or refuse to connect to a city
sewer line within the time prescribed by §51.110.
Said misdemeanor shall be punishable by a fine in
the amount of $25.00 for the first offense, and shall
be punishable by a fine of $15.00 for each day that
such violation continues.
(C) Any user who is found to have violated an order of
the City Council under this chapter (except as set
forth in (A) or (B) above), or who violates or
knowingly fails to comply with any provision of this
chapter or the orders, rules, regulations, and/or
permits issued hereunder, shall, upon conviction,
be fined as set forth in §10.99 for such offense.
Each day on which a violation shall occur or
continue shall be deemed a separate or distinct
offense. In addition to the penalties provided
herein, the city may recover the expenses of
litigation by appropriate suit at law against the
person found to have violated this chapter or the
orders, rules, regulations, and permits issued
hereunder.
(D) Any person who knowingly makes any false
statements, representation, or certification in any
application, record, report, plan, or other document
filed or required to be maintained pursuant to this
chapter, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or
method required under this chapter, shall, upon
conviction, be punished by a fine as set forth in
§10.99.
(Code 1965, §§21-1.9, 21-5.1(c), 21-144; Ord. No. 1742, 6-1-
70; Ord. No. 1757, 8-17-70; Ord. No. 2095, 4-1-75; Ord, No.
3250, 3-17-87; Code 1991, §51.999)
State law reference(s)sPowers of authority generally,
A.C.A. §14-143-109.
0 City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479-575-8323
Text File
File Number: 2015-0003
Agenda Date: 2/17/2015 Version: 1 Status: Passed
In Control: City Council File Type: Ordinance
Agenda Number: C. 1
REPEAL AND REPLACE TITLE V PUBLIC WORKS AND AMEND CHAPTER 51 AND
CHAPTER 10:
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
WHEREAS, 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 CITY OF
FAYETTEVILLE, ARKANSAS:
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.
(2) Discharge fee. A fee of $50.00 must be paid for each hauled domestic waste load discharged.
City of Fayetteville, Arkansas Page 1 Printed on 2118/2015
File Number 2015-0003
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 $500.00.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 51.138(K)
Treatment works by replacing the word "sludge" with the word "biosolids."
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 51.999(D) by
striking the phrase "or an industrial wastewater discharge permit."
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby enacts §10.99(A)(4) as
shown below:
(4) Notwithstanding the foregoing, violations of City of Fayetteville discharge and pretreatment
regulations, codified at §§ 51.070 - 51.087, shall be subject to potentially higher penalties as provided in
§ 51.083 Administrative Enforcement Remedies and § 51.084 Judicial Enforcement
Remedies, as required by federal law.
City of Fayetteville, Arkansas Page 2 Printed on 2/18/2015
City of Fayetteville Staff Review Form
2015-0003
Legistar File ID
1/20/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Wastewater Treatment Plant/
Billy Ammons 1/2/2015
Utilities Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of modifications to the Code of Ordinances, Article III, Discharge and Pretreatment
Regulations and Related Modifications to Article V, Rates and Charges.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance C$ — I
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment $ -
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date: (Q14-4 S
Comments:
ordi / w0Sl DR W!t`"{ n { £ 3 S
INS bVAffld. waS \t D _'. 't I; °' re It e &( j I! r .
CITY OF
Tay e evl le ARKANSAS
MEETING OF JANUARY 20, 2015
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Water, Sewer & Solid Waste Committee
FROM: Billy Ammons, CH2M HILL
DATE: January 2, 2015
SUBJECT: Approval of Modifications to the Code of Ordinances, Article III, Discharge
and Pretreatment Regulations and Related Modifications to Article V, Rates and Charges.
RECOMMENDATION:
City Administration recommends approval of modifications to the Code of Ordinances, Article III,
Discharge and Pretreatment Regulations and related modifications to Article V, Rates and
Charges.
BACKGROUND:
The City of Fayetteville Paul R. Noland Wastewater Treatment Plant ADEQ Permit Number
AR002001 0 required the City to submit Sewer Use Ordinance modifications to come into
compliance with current 40 CFR 403 regulations within twelve (12) months of the effective date
(March 1, 2013) of the permit. The proposed modifications were submitted to ADEQ as
required. ADEQ has reviewed and approved the modifications.
DISCUSSION:
Modifications to the Discharge and Pretreatment Regulations ordinance were made to come
into compliance with 40 CFR 403, to simplify language, use newer terminology, to more closely
match EPA model ordinance language, or to incorporate language recommended by ADEQ.
ADEQ approval is not required for Extra Strength Surcharge requirements and fees, hauled
wastewater fees, and industrial wastewater discharge permit fees. These items were moved
from Article III, Discharge and Pretreatment Regulations to Article V, Rates and Charges. This
will simplify any future changes.
BUDGET/STAFF IMPACT:
Staff will make changes to the ADEQ-approved Pretreatment Program document to incorporate
ordinance modifications and submit for ADEQ approval. No Budget Impact.
Attachments:
Staff Review Form
Modified Article III
Modified Article V
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
OFFICE OF THE
CITY ATTORNEY
THRU:
FROM:
DATE:
RE:
DEPARTMENTAL CORRESPONDENCE
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
Mayor Jordan
City Council
Kit Williams, City Attorney
Blake Pennington, Assistant City Attorney
January 6, 2015
Penalties for Violations of Discharge and Pretreatment Regulations
Included in the changes required by the Code of Federal Regulations to our
discharge and pretreatment regulations is a requirement that fines for
violations must be up to $1,000.00. This conflicts with Fayetteville Code §
10.99 General Penalties, which provides that no ordinance may allow a
penalty greater than $500.00 and any ordinance that includes a higher fine
must be reduced to the lower amount when judgment for a violation is
entered by the court. Therefore, along with the changes noted in the Staff
Review Memo, I have also included a new § 10.99(A)(4), which provides as
follows:
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.
NORTHWEST ARKANSAS
Democrat C azet e
P.O. BOX 1607, FAYETTEVILLE, AR. 72702 - 479-442-1700 • FAX: 479-695-1118 • WWW.NWADG.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Fayetteville WWTPs & CH2M HILL
Was inserted in the Northwest Arkansas Democrat
Gazette on:
January 29, 2015
Publication Charges: $181.58
r
Karen Cater
Subscribed and sworn to before me
This s) day of „t•J, 2015.
G--
Notary Public
My Commission Expires: Zf 7bjTo2*
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
CATHY MALES
Arkansas - Banton County
Notary Public- Comm* 12397118
My Commission Expires Feb 20, 2024
NOTICE OF. PUHams. C1TY OF
The City comae a the qty of fa yaeealne
We 06 F will 117, a RAtlo HeRei ml21 oftao
no ] e
pat en Pews(17, 1316,be 219ofthe Jy
city A&WMMM kn BNNag, 113 W. Maadoln
' e toumeloo,the ARKANSAS
adoption of amendments to file Fayetmdne City
Code mgardMg proposed weaance�ei and pretreatment ragNet OM A copand y-dff Wee
WY be
•ob$tad, along $th an eidrbits rel ile *, f n Offthis ice of city Claw
treesat Monte bitms houre..
ORD3uwCH NO. __
Ni ORDINANCE To ns ?WU. AND REPtacE mix v PUBUc WOW ARTICLE
III DfecirARQE ANND,PaulaEATM@d RECDIAA'f0N%'118 AMEND $ 11.1a7
• WATER:F11):tEERRAAEx TO:AMMID:g 61' IdaDFF.INmCN3 platr BD9
WATER AN SEMWER ST O TOE FAYE l61.LECO 1AI,TYiANDTOAMEND$
7069 0F7NM&Pg NAI.TYOFYW FAYETT6Y1L1E.CADE
'WNE EA6, thepomn baled bythe Mesa Deportment of �fltolm%entat.Qusllty
f t opae3on of the PoN a NWmd Wastowntm Treamrd Plat ragdres the City
at FayaMavReQo update Its oiedrbge and pretaanwlt regulallwie to comply with
changes adopttf in the Cats of Federal Regaktimq W.
theAainaea ef OudW. mbrrdaetl•te erW approved by
NOW, THER9OME, BE IT 074 BY THE CITY COUNCIL OF THE CRY OF
FAvuflmllw ARICAN MSt tribal the City
Made e oldie city of FayeaedBe, Arkaneeo hereby repeats
91.3a7 o thella Obdwge and Prebentment Regaetwre,99eI30rb
AmSD "enacts a nn ed ilk Pie& Nfmte,
• Etddoit W attached hereto.
99 51.07041.057
61.07GBiAa7 as shown on
St.2.'Thm the.Gly Came atthp Day of F*ofty e, Adbms hereby repew
4lt1.t37(q Faber SCangM Sunrirye wet orauda a mpammnt t7 se Sawn on • ed"•e• a1(edad bare%
�et ar That the City Cams! ofthe City aFFayettovu .Mcanem Ireabyauwioil
61.137(G)lsaed WmlewafeFees as shown belgtw
(31 Meabd HwabwaWl se.
(1)Appkaua fee, .a, apjlleallon to discharge Hauled Aomeitla waste mat be
accompanied byafee of 5100.30.
fee. Ah of$5& omustbepeldfineaaRherdeddmmftwadgiwA
9l That (fa cny Coume el 9a City of Feyeaewee, Arltemee hSebymaote 4
51.137MHp Woo W abwabrDfldw" armifft eaahown below:
0g akere6fel WeSowalarObtlrar9c/amhFbe,
(I) Application tea An app icetlon for an Industrial wadwamw d adSge Pena
mat be accompanied bya he at $680.00.
S & Trent do City Cairns! .of the qty of FoIndle 0a, Maneec hereby
amends 4.5113 9;fiaemrenf•wo*a by repiaclapte wad 'Ixe' wad
roweaim,•
5: That thicitsCeowtdloft CIly.etFayefeMaa;MMemeshmebyemeiida§
61•x)byebbb 4I ephiBeeronah awpaMmY tl'eterdleabon6e aemd,'
ti1068y(0)s mf)CRY Cagicil attln.gyi.M.Fayer[evBe, AXmrreav taebY enacts
(4) Noiwtthstw rg the foregoing, "adorn of Coy of Fayette discharge
and pahmlmeut regaetkrm, amN de m if8 81.078 — 61.087, Sall beaub)ect to
potentiallyhlghe p1neNea s provided In 961.08$ tagm.etreaye'Enforommht
, es and 561.084 JWIa al Eo(erdermrd Remedfae,ee reaWra I by fedeiat
law.
PABB®aridApfNlov this I7lh day of Fetnary. 2016.
APPROVED: ATTEST:
LIQN.,4DJORDANR'Ma c, LSMRH;;CttyClwkRraeaney
NOTICE OF PUBLIC HEARING
The City Council of the City of Fayetteville, Arkansas will conduct a
Public Hearing at 5:30 pm on February 17, 2015, in Room 219 of the City
Administration Building, 113 W. Mountain Street, Fayetteville, Arkansas
to consider the adoption of amendments to the Fayetteville City Code
regarding wastewater discharge and pretreatment regulations. A copy of
the proposed ordinance is published contemporaneously with this
Notice, and may be obtained, along with all exhibits referenced therein,
from the Office of City Clerk/Treasurer during normal business hours.
ORDINANCE NO.
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
WHEREAS, 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
CITY OF FAYETTEVILLE, ARKANSAS:
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.
(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 17th day of February, 2015.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
Smith, Sondra
From: Williams, Kit
Sent: Thursday, January 22, 2015 9:42 AM
To: Smith, Sondra
Cc: Jordan, Lioneld
Subject: FW: Wastewater Pretreatment changes
Attachments: NOTICE AND ORDINANCE AMENDING DISCHARGE AND PRETREATMENT REGS.doc
Sondra,
Please help ensure we move forward on this item as recommended by Blake.
Kit Williams
Fayetteville City Attorney
479.575.8313
From: Pennington, Blake
Sent: Wednesday, January 21, 2015 4:31 PM
To: Nyander, Tim
Cc: Denise.Georgiou@CH2M.com; Williams, Kit
Subject: Wastewater Pretreatment changes
Tim and Denise,
I double checked my math on this and the reason I had suggested tabling the second reading for two meetings is
because the statute requires publication after the first reading but at least ten days before the public hearing. Since the
City Council did not table the second reading, we can just use the third scheduled reading as the public hearing and it
won't be delayed at all. When it goes back to the City Council on February 3, the request should be made to leave it on
second reading so that both the public hearing and the third reading will occur on February 17. This will be plenty of
time (as long as the notice is published before February 7).
I am attaching the notice and ordinance that will need to be published. Dee will be able to get you in contact with the
advertising contact at the paper so we can be sure to get the City's discounted rate. Let us know if you have any
questions.
Thanks!
Blake
Blake E. Pennington
Assistant City Attorney
113 W. Mountain St., Suite 302
Fayetteville, Arkansas 72701
Telephone: (479) 575-8313
bpennington(3 favetteville-ar.gov
SQ
rCi:t OT3H
4:rTx,trTcxtfr
Exhibit A
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 et 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
gpd
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(6) (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/I).
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 (C/U). 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(f)(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 at a 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, BOO, 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.
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(B) of this article. State. State of Arkansas.
Qualified professional. A person who is proven to
be competent or suited for a specific position or task.
Sewage. Human excrement and gray water
(household showers, dishwashing operations, etc.).
Shall. Mandatory.
Significant industrial user
(1) A user subject to categorical pretreatment
standards; or
(2) A user that:
(a) Discharges an average of 25,000 gpd or
more of process wastewater to the
WRRF (excluding sanitary, noncontract
cooling, and boiler blowdown
wastewater); or
(b) Contributes a process wastestream
which makes up 5% or more of the
average dry weather hydraulic or organic
capacity of the WRRF treatment plant; or
(c) Is designated as such by the City on the
basis that it has a reasonable potential
for adversely affecting the WRRF's
operation or for violating any
pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria
in (2) has no reasonable potential for
adversely affecting the WRRF's operation or
for violating any pretreatment standard or
requirement, the City may at any time, on its
own initiative or in response to a petition
received from a user (and in accordance with
procedures in 40 CFR 403.8(f)(6) determine
that such user should not be considered a
significant industrial user.
Slug load or slug. Any discharge at a flow rate or
concentration which could cause a violation of the
prohibited discharge standards in this article or any
discharge of a nonroutine, episodic nature, including
but not limited to, an accidental spill or a noncustomary
batch discharge, which has a reasonable potential to
cause interference or pass through, or in any other way
violate the City's regulations, local limits or permit
conditions.
Storm water. Any flow occurring during or
following any form of natural precipitation, and
resulting from such precipitation, including snowmelt.
Surcharge. A service charge in addition to the
normal monthly rate which shall be assessed to the
significant industrial users who discharge into the city
system wastewater having an average BOD
concentration in excess of 300 milligrams per liter or
an average TSS concentration in excess of 300
milligrams per liter.
Total suspended solids. The total suspended
matter that floats on the surface of, or is suspended
in, water, wastewater, or other liquid, and which is
removable by laboratory filtering.
Toxic pollutant. Any pollutant or combination of
pollutants listed as toxic in regulations promulgated by
EPA under §307 (33 U.S.C. §1317) of the Act.
Treatment plant's effluent. The discharge from
the wastewater treatment plant into the receiving
stream.
User. Any person who contributes or permits the
contribution of wastewater into the WRRF.
Wastewater. Liquid and water -carried industrial
wastes and sewage from residential dwellings,
commercial buildings, industrial and manufacturing
facilities, and institutions.
Wastewater treatment plant. That portion of the
WRRF which is designed to provide treatment of
municipal sewage and compatible industrial waste.
Water Resource Recovery Facility (WRRF). A
"treatment works," as defined by §212 of the Act (33
U.S.C. §1292) which is owned by the City. This
definition includes any devices or systems used in the
collection, storage, treatment, recycling, and
reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey
wastewater to a treatment plant. The WRRF is the
Publicly Owned Treatment Works or POTW as
defined in 40 CFR 403.3(q).
(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Ord. No. 4088, §2,
4-7-98; Code 1991, §51.074)
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
treated by facilities constructed under EPA Project
No. C-050366-01 for 50 years.
(1) For the purpose of this section area of
existing development shall mean an area
which, at the EPA issued a finding of no
significant impact for EPA Project No. C-
050366-01 was:
(a) Occupied by existing structures or
facilities;
(b) Substantially surrounded by existing
structures or facilities and which serves
no significant independent natural
floodplain function: or
(c) Characterized by substantial investment
in public infrastructure but which is only
partially occupied by structures or
facilities.
(2) No wastewater generated by development
located in the 100 -year floodplain shall be
transported or treated by facilities constructed
under EPA Project No. C-050366-01 for a
period of 50 years from January 1, 1987,
except that service may be provided to:
(a) Areas of existing development in a
floodplain;
(b) Commercial or public facilities which by
nature must be located in a floodplain;
(c) Areas of projected growth if the
environmental information document for
EPA Project No. C-050366-01
demonstrates that proposed development
will be consistent with the floodplain
management criteria for flood -prone
areas (44 CFR 60.3) of the Federal
Emergency Management Agency
(FEMA) and will have no significant
impacts on natural functions and values
of the floodplain; or
(d) An area of projected growth if an
environmental impact statement
demonstrates that there is no practicable
alternative to such growth, that such
growth will be consistent with the
floodplain management criteria for flood -
prone areas (44 CFR 60.3) of FEMA, and
that the benefits of such growth outweigh
its environmental costs.
(B) Prohibited discharge standards.
(1) General prohibitions. No person shall
introduce or cause to be introduced into the
WRRF any pollutant or wastewater which
causes, or has the potential to cause, pass
through or interference. These general
prohibitions apply to all users of the WRRF
whether or not they are subject to categorical
pretreatment standards or any other federal,
state, or local pretreatment standards or
requirements.
(2) Specific Prohibitions. No person shall
introduce or cause to be introduced into the
WRRF the following pollutants, substances,
or wastewater:
(a) Pollutants which create a fire or
explosive hazard in the WRRF,
including, but not limited to,
wastestreams with a closed -cup
flashpoint of less than 140° Fahrenheit
(60° C) using the test methods specified
in 40 CFR 261.21;
(b) Wastewater having a pH less than 5.0
or more than 12.4, or otherwise causing
corrosive structural damage to the
WRRF or equipment,
(c) Solid or viscous substances including,
but not limited to, fats, oil or grease of
animal or vegetable in amounts which
will cause obstruction of the flow in the
WRRF resulting in interference but in no
case solids greater than one-half inch in
any dimension;
(d) Pollutants, including oxygen -demanding
pollutants (BOD, etc.), released in a
discharge at a flow rate and/or pollutant
concentration which, either singly or by
interaction with other pollutants, will
cause interference with the WRRF;
(e) Wastewater having a temperature
greater than 150° Fahrenheit (65° C), or
which will inhibit biological activity in the
treatment plant resulting in interference,
but in no case wastewater which causes
the temperature at the introduction into
the treatment plant to exceed 104°
Fahrenheit (40° C);
(f) Petroleum oil, nonbiodegrable cutting
oil, or products of mineral oil origin, in
amounts that will cause interference or
pass through;
(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;
(h) Trucked or hauled pollutants, except at
discharge points designated by the City
in accordance with §51.076(D) of this
article;
(i) Any liquids, gases, solids, or other
wastewater which, either singly or by
interaction with other wastes, are
sufficient to create a public nuisance or a
hazard to life, or to prevent entry into the
sewers for maintenance or repair;
(j) Wastewater which imparts color which
cannot be removed by the treatment (C)
process, such as, but not limited to, dye,
wastes and vegetable tanning solutions,
which consequently imparts color to the
treatment plant's effluent, thereby
violating the city's NPDES permit;
(k) Wastewater containing any radioactive
wastes or isotopes except in compliance
with applicable federal or state
regulations and approved by the City;
(I) Storm water, surface water, ground
water, artesian well water, roof runoff,
subsurface drainage, condensate,
deionized water, noncontact cooling
water, and unpolluted wastewater, unless
specifically authorized by the City;
(m) Sludges, screenings, or other residues
from the pretreatment of industrial
wastes;
(n) Medical wastes or pharmaceutical drugs,
except as specifically authorized by the
City;
(o) Wastewater causing, alone or in
conjunction with other sources, the
WRRF to violate its NPDES permit or the
treatment plant's effluent to fail a toxicity
test;
(p) Any substance which may cause the
WRRF's effluent or other product of the
WRRF such as residues, biosolids or
scums, to be unsuitable for normal
landfill/land application, reclamation or
reuse, or to interfere with the reclamation (D)
process;
(q) Detergents, surface-active agents, or
other substances which may cause
excessive foaming in the WRRF;
(r) Any material into a manhole through its
top unless specifically authorized by the
City.
(s) Non-flushable wipes, non -dispersible
wipes, and non -biodegradable wipes
including, but not limited to, baby wipes,
paper towels, dusting wipes, cleaning
wipes, and disposable mop heads.
Pollutants, substances, or wastewater
prohibited by this section shall not be processed
or stored in such a manner that they could be
discharged to the WRRF.
Categorical pretreatment standards or categorical
standards. Any regulation containing pollutant
discharge limits promulgated by EPA in
accordance with sections 307(b) and (c) of the
Act (33 U.S.C. section 1317) that apply to a
specific category of Users and that appear in 40
CFR Chapter I, Subchapter N, Parts 405-471.
Users must comply with the categorical
pretreatment standards. Categorical pretreatment
standards are hereby incorporated.
(1) Where a categorical pretreatment standard
is expressed only in terms of either the mass
or the concentration of a pollutant in
wastewater, the City may impose equivalent
concentration or mass limits in accordance
with 40 CFR 403.6(c).
(2) When wastewater subject to a categorical
pretreatment standard is mixed with
wastewater not regulated by the same
standard, the City shall impose an alternate
limit using the combined wastestream
formula in 40 CFR 403.6(e).
(3) A user may obtain a variance from a
categorical pretreatment standard if the user
can prove, pursuant to the procedural and
substantive provisions in 40 CFR 403.13,
that factors relating to its discharge are
fundamentally different from the factors
considered by EPA when developing the
categorical pretreatment standard.
(4) A user may obtain a net gross adjustment to
a categorical standard in accordance with 40
CFR 403.15.
Local limits. To protect against pass through and
interference, no Industrial User may discharge or
cause to be discharged into the WRRF any
wastewater pollutant concentration exceeding the
Technically Based Local Limits (TBLLs)
developed from time to time by the City as
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
required by Part Ili 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 users 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(B) 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 users
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 dischargelslug control
shall in no way relieve the user from the
plan or other action to control slug discharges.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
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;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the City
of any accidental or slug discharge, as
required by §51.079(F) of this article. Such
notification must also be given for any
discharge which would violate any of the
prohibited discharges in §51.075(B) of this
article; and
(4) Procedures to prevent adverse impact from
any accidental or slug discharge. Such
procedures include, but are not limited to,
inspection and maintenance of storage areas,
handling and transfer of materials, loading
and unloading operations, control of plant site
runoff, worker training, building of
containment structures or equipment,
measures for containing toxic organic
pollutants (including solvents), and/or
measures and equipment for emergency
response.
(D) Hauled wastewater.
Hazardous waste will not be accepted by truck or
liquid waste hauler at the WRRF.
(1) Domestic waste haulers are required to
submit an application to discharge liquid
wastes. This application must be
accompanied by a fee in accordance with
§51.137(G). Hauled domestic waste may be
introduced into the WRRF only at locations
approved by the City and at such times as are
established by the City. Such wastes shall
not violate §51.075 of this article or any other
requirements established by the City. A fee
must be paid for each domestic waste load in
accordance with §51.137(G). The City may
require the domestic waste haulers to obtain
wastewater discharge permits.
(2) The City may require haulers of industrial
waste to obtain wastewater discharge
permits. The City may require generators of
hauled industrial waste to obtain wastewater
discharge permits. The City also may prohibit
the disposal of hauled industrial waste. The
(4) Domestic waste haulers and industrial waste
haulers may only discharge loads at
locations designated by the City. No load
may be discharged without prior consent of
the City. The City may collect samples of
each hauled load to ensure compliance with
applicable standards. The City may require
the hauler to provide a waste analysis of any
load prior to discharge.
(5) Domestic waste and industrial waste haulers
must provide a waste -tracking form for every
load. This form shall include, at a minimum,
the name and address of the waste hauler,
permit number, truck identification, names
and addresses of sources of waste, and
volume and characteristics of waste. For
industrial waste, the form shall identify the
type of industry, known or suspected waste
constituents, and whether any wastes are
RCRA hazardous wastes.
(6) Any waste not deemed domestic by the City
will be handled on a case by case basis at
the discretion of the City.
(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Code 1991,
§51.076)
51.077 Wastewater Discharge Permit
Application
(A) Wastewater analysis. When requested by the
City, a user must submit information on the
nature and characteristics of the user's
wastewater within thirty (30) days of request,
unless otherwise specified. The City is
authorized to prepare a form for this purpose and
may periodically require users to submit or
update the information.
(B) Wastewater discharge permit requirement
(1) No significant industrial user shall discharge
wastewater into the WRRF without first
obtaining a wastewater discharge permit
from the City, except a significant industrial
user that has filed a timely application
pursuant to §51.077(C) of this article may
continue to discharge for the time period
specified therein.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
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
TITLE V PUBLIC WORKS
(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 for a
(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 of inspection and sampling
facilities and equipment;
(c) Effluent limits, including Best
Management Practices, based on
(�
A statement that compliance
p iance 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 tern 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
ppro p
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
standards and
h
(h)
A licensed wastewater operator as
requirements, and any applicable
deemed necessary on duty at all times
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
of treatment and discharge of regulated
wastewater discharge to the City's
collection system (per §51.076(B)(5)).
(C) Wastewater discharge permit appeals. A
permittee may petition the City to reconsider the
terms of a wastewater discharge permit within 30
days of notice of issuance of the discharge permit.
(1) Failure to submit a timely petition for review
shall be deemed to be a waiver of the
administrative appeal.
(2) In its petition, the appealing party must
indicate the wastewater discharge permit
provisions objected to, the reasons for this
objection, and the alterative condition, if any,
it seeks to place in the wastewater discharge (E)
permit.
(3) The effectiveness of the wastewater
discharge permit shall not be stayed pending
the appeal.
(4) If the City fails to act within 30 days of receipt
of the request, the request for reconsideration
shall be deemed to be denied. Decisions not
to reconsider a wastewater discharge permit,
not to issue a wastewater discharge permit, or
not to modify a wastewater discharge permit,
shall be considered final administrative
actions for purposes of judicial review.
(D) Wastewater discharge permit modification. The
City may modify the wastewater discharge permit
for good cause including, but not limited to, the
following reasons:
(1) To incorporate any new or revised federal,
state, or local pretreatment standards or
requirements;
(2) To address significant alterations or additions
to the user's operation, processes, or
wastewater volume or character since the
time of wastewater discharge permit
issuance;
(3) A change in the WRRF that requires either a
temporary or permanent reduction or
elimination of the authorized discharge;
(4) Information indicating the permitted discharge
poses a threat to the WRRF, WRRF
personnel, the receiving waters, or threats to
the WRRF's beneficial biosolids use;
(5) Violation of any terms or conditions of the
wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose
all relevant facts in the wastewater discharge
permit application or in any required
reporting;
(7) Revision of or a grant of variance from
categorical pretreatment standards pursuant
to 40 CFR 403.13;
(8) To correct typographical or other errors in
the wastewater discharge permit;
(9) To reflect a transfer of the facility ownership
or operation to a new owner or operator
where requested in accordance with
51.078(E).
Wastewater discharge permit transfer.
Wastewater discharge permits may be
transferred to a new owner or operator if the
permittee gives at least seven days advance
notice to the City, provides a copy of the existing
permit to the new owner or operator, and the City
approves the wastewater discharge permit
transfer. The notice to the City must include a
written certification by the new owner or operator
which:
(1) States that the new owner and/or operator
has no immediate intent to change the
facility's operations and processes;
(2) Identifies the specific date on which the
transfer is to occur; and
(3) Acknowledges full responsibility for
complying with the existing wastewater
discharge permit.
Failure to provide notice of a transfer renders the
wastewater discharge permit void as of the date
of facility transfer.
(F) Wastewater discharge permit revocation. The
City may revoke a wastewater discharge permit
for good cause, including, but not limited to, the
following reasons:
(1) Failure to notify the City of significant
changes to the wastewater prior to the
changed discharge;
(2) Failure to provide prior notification to the City
of changed conditions pursuant to
§51.079(E) of this article;
(3) Misrepresentation or failure to fully disclose
all relevant facts in the wastewater discharge
permit application;
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
(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
ordinance and limits must be revised as
(6) Refusing to allow the City timely access to the
facility premises and records; necessary to reflect changes made to
the city's ordinance and/or local limits;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or
the wastewater discharge permit application;
or
(12) Violation of any pretreatment standard or
requirement, or any terms of the wastewater
discharge permit or this article.
Wastewater discharge permits shall be
voidable upon cessation of operations. All
wastewater discharge permits issued to a
particular user are void upon the issuance of a
new wastewater discharge permit to that user.
(G) Wastewater discharge permit re -Issuance. A user
with an expiring wastewater discharge permit shall
apply for wastewater discharge permit re -issuance
by submitting a complete permit application, in
accordance with §51.077(E) of this article, a
minimum of 90 days prior to the expiration of the
user's existing wastewater discharge permit.
(H) Regulation of waste received from other
jurisdictions.
(1) If another jurisdiction, or user located within
another jurisdiction, contributes wastewater to
the WRRF, the City shall enter into an
interjurisdicticnal agreement with the
contributing jurisdiction; enter into an
agreement with, or permit, users located in
another jurisdiction; or both. Certain hauled
wastewater may be exempted from the
requirements of this paragraph with specific
authorization by the City.
(2) An interjurisdictional agreement, as required
by paragraph (1), above, shall contain the
following conditions:
(a) A requirement for the contributing
jurisdiction to adopt a sewer use
ordinance which is at least as stringent
(b) A requirement for the contributing
jurisdiction to submit a revised user
inventory on at least an annual basis;
(c) A provision specifying which
pretreatment implementation activities,
including wastewater discharge permit
issuance, inspection and sampling, and
enforcement, will be conducted by the
contributing jurisdiction; which of these
activities will be conducted by the City;
and which of these activities will be
conducted jointly by the contributing
jurisdiction and the City;
(d) A requirement for the contributing
jurisdiction to provide the City with
access to all information the
contributing jurisdiction obtains as part
of its pretreatment activities;
(e) A provision insuring the City access to
the facilities of users located within the
contributing jurisdiction's boundaries for
the purpose of inspection, sampling, and
any other duties deemed necessary by
the City; and
(f) A provision specifying remedies
available for breach of the terms of the
interjurisdictional agreement.
(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Ord. No.
4088, §§4, 5, 4-7-98; Code 1991, §51.078)
51.079 Reporting Requirements
(A) Baseline monitoring reports.
(1) Within either 180 days after the effective
date of a categorical pretreatment standard,
or the final administrative decision on a
category determination under 40 CFR
403.6(a)(4), whichever is later, existing
categorical users currently discharging to or
scheduled to discharge to the WRRF shall
submit to the City a report which contains the
information listed 'in paragraph (B), below.
At least 90 days prior to commencement of
their discharge, new sources, and sources
that become categorical users subsequent to
the promulgation of an applicable categorical
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
standard, shall be required to submit to the
City a report which contains the information
listed in paragraph (2), below. A new source
shall report the method of pretreatment it
intends to use to meet applicable categorical
standards. A new source also shall give
estimates of its anticipated flow and quantity
of pollutants to be discharged.
(2) Users described above shall submit the
information set forth below.
(a) Identifying information. The name and
address of the facility, including the name
of the operator and owner.
(b) Environmental permits. A list of any
environmental control permits held by or
for the facility.
(c) Description of operations. A
comprehensive narrative description of
the nature, average rate of production, all
applicable NAICS and standard industrial
classifications of the operation(s) carried
out by such user. This description should
include a comprehensive schematic
process diagram which indicates points
of discharge to the WRRF from the
regulated processes. A qualified
professional must certify to the accuracy
of this process narrative and wastewater
flow schematics.
(d) Flow measurement. Information showing
the measured average daily and
maximum daily flow, in gallons per day,
to the WRRF from regulated process
streams and other streams, as
necessary, to allow use of the combined
wastestream formula set out in 40 CFR
403.6(e). The City may allow for
verifiable estimates of these flows where
justified by cost or feasibility
considerations.
(e) Measurement of pollutants.
(i) The categorical pretreatment
standards applicable to each
regulated process.
(ii) The results of sampling and analysis
identifying the nature and
concentration (and/or mass, where
required by the standard or by the
City) of regulated pollutants in the
discharge from each regulated
process. Instantaneous, daily
maximum, and long term average
concentrations or mass, where
required, shall be reported. The
sample shall be representative of
daily operations and shall be
analyzed in accordance with
procedures set out in §51.079(J) of
this article. Where the Standard
requires compliance with a BMP or
pollution prevention alternative, the
User shall submit documentation as
required by the City or the
applicable standards to determine
compliance with the standard.
(iii) Sampling must be performed in
accordance with procedures set out
in §51.079(K) of this article.
(f) Certification. A statement, reviewed by
the user's authorized signatory and
certified by a qualified professional,
indicating whether pretreatment
standards are being met on a consistent
basis, and, if not, whether additional
operation and maintenance (O&M)
and/or additional pretreatment, is
required to meet the pretreatment
standards and requirements.
(g) Compliance schedule. If additional
pretreatment and/or O&M will be
required to meet the pretreatment
standards, the shortest schedule by.
which the user will provide such
additional pretreatment and/or O&M.
The completion date in this schedule
shall not be later than the compliance
date established for the applicable
pretreatment standard. A compliance
schedule pursuant to this section must
meet the requirements set out in
§51.079(B) of this article.
(h) Signature and certification. All baseline
monitoring reports must be signed and
certified in accordance with §51.077(F)
of this article.
(B) Compliance schedule progress report. The
following conditions shall apply to the compliance
schedule required by §51.079(A)(2)(g) of this
article:
(1) The schedule shall contain progress
increments in the form of dates for the
commencement and completion of major
events leading to the construction and
operation of additional pretreatment required
for the user to meet the applicable
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. (I) 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
TITLE V PUBLIC WORKS
monitoring activities required by this article and
any additional records of information obtained
pursuant to monitoring activities undertaken by the
user independent of such requirements, and
documentation associated with Best Management
Practices established under 51.075(D). Records
shall include the date, exact place, method, and
time of sampling and the name of the person(s)
taking the samples; the dates analyses were
performed; who performed the analyses; the
analytical techniques or methods used; and the
results of such analyses. These records shall
remain available for a period of at least three
years. This period shall be automatically extended
for the duration of any litigation concerning the
user or the City, or where the user has been
specifically notified of a longer retention period by
the U.S. EPA, state, or City.
(Code 1991, §51.079; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96;
Ord. No. 4088, §6, 4-7-98)
51.080 Compliance Monitoring
(A) Right of entry; inspection and sampling. The City
shall have the right to enter the premises of any
user to determine whether the user is complying
with all requirements of this article and any
wastewater discharge permit or order issued
hereunder. Users shall allow the City ready
access to all parts of the premises for the
purposes of inspection, sampling, records
examination and copying, and the performance of
any additional duties.
(1) Where a user has security measures in force
which require proper identification and
clearance before entry into its premises, the
user shall make necessary arrangements with
its security guards so that, upon presentation
of suitable identification, the City will be
permitted to enter without delay for the
purposes of performing specific
responsibilities.
(2) The City shall have the right to set up on the
user's property, or require installation of, such
devices as are necessary to conduct sampling
and/or metering of the user's operations.
(3) The City may require the user to install
monitoring equipment as necessary. The
facility's sampling and monitoring equipment
shall be maintained at all times in a safe and
proper operating condition by the user at its
own expense. All devices used to measure
wastewater flow and quality shall be
calibrated at least annually by a certified
technician to ensure their accuracy.
Calibration records shall be made available to
the City upon request.
(4) Any temporary or permanent obstruction to
safe and easy access to the facility to be
inspected and/or sampled shall be promptly
removed by the user at the written or verbal
request of the City and shall not be replaced.
The costs of clearing such access shall be
borne by the user.
(3) Unreasonable delays in allowing the City
access to the user's premises shall be a
violation of this article.
(B) Search warrants. If the City has been refused
access to a building, structure or property, or any
part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of
this article, or that there is a need to inspect
and/or sample as part of a routine inspection and
sampling program of the City designed to verify
compliance with this article or any permit or order
issued hereunder, or to protect the overall public
health, safety and welfare of the community, then
the City may seek issuance of a search warrant
from the city district court.
(Code 1991, §51.080)
51.081 Confidential Information
Information and data on a user obtained from reports,
surveys, wastewater discharge permit applications,
wastewater discharge permits, and monitoring
programs, and from the City's inspection and
sampling activities, shall be available to the public
without restriction, unless the user specifically
requests, and is able to demonstrate to the
satisfaction of the City, that the release of such
information would divulge information, processes or
methods of production entitled to protection as trade
secrets under applicable state law. Any such request
must be asserted at the time of submission of the
information or data. When requested and
demonstrated by the user furnishing a report that
such information should be held confidential, the
portions of a report which might disclose trade secrets
or secret processes shall not be made available for
inspection by the public, but shall be made available
immediately upon request to governmental agencies
for uses related to the NPDES program or
pretreatment program, and in enforcement
proceedings involving the person furnishing the
report. Wastewater constituents and characteristics
and other "effluent data" as defined by 40 CFR 2.302
will not be recognized as confidential information and
will be available to the public without restriction.
(Code 1991, §51.081)
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
51.082 Publication of Users in Significant
Noncompliance
The City shall publish annually, in a newspaper of
general circulation that provides meaningful public
notice within the jurisdictions served by the City's
WRRF, a list of the users which, during the previous 12
months, were in significant noncompliance with
applicable pretreatment standards and requirements.
The term significant noncompliance shall be applicable
to all significant industrial users (or any other industrial
user that violates paragraphs (C), (D) or (H) of this
Section) and shall mean:
(A) Chronic violations of wastewater discharge limits,
defined here as those in which sixty-six percent
(66%) or more of all the measurements taken for
the same pollutant parameter taken during a six-
month period exceed (by any magnitude) a
numeric pretreatment standard or requirement,
including instantaneous limits as defined in
51.074;
(B) Technical review criteria (TRC) violations, defined
here as those in which thirty-three percent (33%)
or more of wastewater measurements taken for
each pollutant parameter during a six-month
period equals or exceeds the product of the
numeric pretreatment standard or requirement
including instantaneous limits, as defined by
51.074 multiplied by the applicable criteria: 1.4 for
BOD, TSS, fats, oils and grease, and 1.2 for all
other pollutants except pH;
(C) Any other violation of a pretreatment standard or
requirement as defined by 51.074 (daily maximum,
long term average, instantaneous limit, or
narrative standard) that the City determines has
caused, alone or in combination with other
discharges, interference or pass through, including
endangering the health of city or WRRF personnel
or the general public;
(D) Any discharge of pollutants that has caused
imminent endangerment to the public or to the
environment, or has resulted in the City's exercise
of its emergency authority to halt or prevent such a
discharge;
(E) Failure to meet within 90 days of the scheduled
date, a compliance schedule milestone contained
in a wastewater discharge permit or enforcement
order for starting construction, completing
construction, or attaining final compliance;
(F) Failure to provide within forty five (45) after the
due date, any required reports; including baseline
monitoring reports, reports on compliance with
categorical pretreatment standard deadlines,
periodic self -monitoring reports, and reports on
compliance with compliance schedules;
(G) Failure to accurately report noncompliance; or
(H) Any other violation(s), which may include a
violation of Best Management Practices, which
the City determines will adversely affect the
operation or implementation of the local
pretreatment program.
(Code 1991, §51.082; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-
96; Ord. No. 4088, §8, 4-7-98)
51.083 Administrative Enforcement
Remedies
(A) Notice of violation. When the City finds that a
user has violated (or continues to violate) any
provision of this article, a wastewater discharge
permit or order issued hereunder, or any other
pretreatment standard or requirement, the City
shall serve upon such user either an informal
warning or a written notice of violation. Within five
business days of the receipt of the notice of
violation, an explanation of the violation and a
plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall
be submitted by the user to the City. Submission
of this plan in no way relieves the user of liability
for any violations occurring before or after receipt
of the notice of violation. Nothing in this section
shall limit the authority of the City to take any
action, including emergency actions or any other
enforcement action, without first issuing an
informal warning or a notice of violation.
(B) Consent orders. The City may enter into consent
orders, assurances of voluntary compliance, or
other similar documents establishing an
agreement with any user responsible for
noncompliance. Such documents will include
specific action to be taken by the user to correct
the noncompliance within a time period specified
by the document. Such documents shall have
the same force and effect as the administrative
orders issued pursuant to §51.083(D) and
§51.083(E) of this article and shall be judicially
enforceable.
(C) Show cause hearing. The City may order a user
which has violated or continues to violate, any
provision of this article, a wastewater discharge
permit or order issued hereunder, or any other
pretreatment standard or requirement, to appear
before the City and show cause why the
proposed enforcement action should not be
taken. Notice shall be served on the user
specifying the time and place for the meeting, the
proposed enforcement action, the reasons for
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
Clerkwithin 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 users 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.
users 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
(5) Users shall control production of all
noncompliance to the extent caused by
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(B)(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
(1) A local limit exists for each pollutant
manner and in compliance with
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
users 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
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 et 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.
DOD
Biochemical oxygen demand
BMP
Best Management Practice
CFR
Code of Federal Regulations
CIU
Categorical Industrial User
EPA
U.S. Environmental Protection Agency
gpd
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 managerof 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/I).
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 hislher 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(,f)(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 at a household
or other premises.
Environmental Protection Agency (EPA). The
U.S. Environmental Protection Agency or it's
authorized representative.
Existing soume. 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.
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(B) of this article. State. State of Arkansas.
Qualified professional. A person who is proven to
be competent or suited for a specific position or task.
Sewage. Human excrement and gray water
(household showers, dishwashing operations, etc.).
Shall. Mandatory.
Significant industrial user
(1) A user subject to categorical pretreatment
standards; or
(2) A user that:
(a) Discharges an average of 25,000 gpd or
more of process wastewater to the
WRRF (excluding sanitary, noncontract
cooling, and boiler blowdown
wastewater); or
(b) Contributes a process wastestream
which makes up 5% or more of the
average dry weather hydraulic or organic
capacity of the WRRF treatment plant; or
(c) Is designated as such by the City on the
basis that it has a reasonable potential
for adversely affecting the WRRF's
operation or for violating any
pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria
in (2) has no reasonable potential for
adversely affecting the WRRF's operation or
for violating any pretreatment standard or
requirement, the City may at any time, on its
own initiative or in response to a petition
received from a user (and in accordance with
procedures in 40 CFR 403.8(f)(6) determine
that such user should not be considered a
significant industrial user.
Slug load or slug. Any discharge at a flow rate or
concentration which could cause a violation of the
prohibited discharge standards in this article or any
discharge of a nonroutine, episodic nature, including
but not limited to, an accidental spill or a noncustomary
batch discharge, which has a reasonable potential to
cause interference or pass through, or in any other way
violate the City's regulations, local limits or permit
conditions.
Storm water. Any flow occurring during or
following any form of natural precipitation, and
resulting from such precipitation, including snowmelt.
Surcharge. A service charge in addition to the
normal monthly rate which shall be assessed to the
significant industrial users who discharge into the city
system wastewater having an average BOD
concentration in excess of 300 milligrams per liter or
an average TSS concentration in excess of 300
milligrams per liter.
Total suspended solids. The total suspended
matter that floats on the surface of, or is suspended
in, water, wastewater, or other liquid, and which is
removable by laboratory filtering.
Toxic pollutant. Any pollutant or combination of
pollutants listed as toxic in regulations promulgated by
EPA under §307 (33 U.S.C. §1317) of the Act.
Treatment plant's effluent The discharge from
the wastewater treatment plant into the receiving
stream.
User. Any person who contributes or permits the
contribution of wastewater into the WRRF.
Wastewater. Liquid and water -carried industrial
wastes and sewage from residential dwellings,
commercial buildings, industrial and manufacturing
facilities, and institutions.
Wastewater treatment plant That portion of the
WRRF which is designed to provide treatment of
municipal sewage and compatible industrial waste.
Water Resource Recovery Facility (WRRF). A
"treatment works," as defined by §212 of the Act (33
U.S.C. §1292) which is owned by the City. This
definition includes any devices or systems used in the
collection, storage, treatment, recycling, and
reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey
wastewater to a treatment plant. The WRRF is the
Publicly Owned Treatment Works or POTW as
defined in 40 CFR 403.3(q).
(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Ord. No. 4088, §2,
4-7-98; Code 1991, §51.074)
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
treated by facilities constructed under EPA Project
No. C-050366-01 for 50 years.
(1) For the purpose of this section area of
existing development shall mean an area
which, at the EPA issued a finding of no
significant impact for EPA Project No. O-
050366-01 was:
(a) Occupied by existing structures or
facilities;
(b) Substantially surrounded by existing
structures or facilities and which serves
no significant independent natural
floodplain function; or
(c) Characterized by substantial investment
in public infrastructure but which is only
partially occupied by structures or
facilities.
(2) No wastewater generated by development
located in the 100 -year floodplain shall be
transported or treated by facilities constructed
under EPA Project No. C-050366-01 for a
period of 50 years from January 1, 1987,
except that service may be provided to:
(a) Areas of existing development in a
floodplain;
(b) Commercial or public facilities which by
nature must be located in a floodplain;
(c) Areas of projected growth if the
environmental information document for
EPA Project No. C-050366-01
demonstrates that proposed development
will be consistent with the floodplain
management criteria for flood -prone
areas (44 CFR 60.3) of the Federal
Emergency Management Agency
(FEMA) and will have no significant
impacts on natural functions and values
of the floodplain; or
(d) An area of projected growth if an
environmental impact statement
demonstrates that there is no practicable
alternative to such growth, that such
growth will be consistent with the
floodplain management criteria for flood -
prone areas (44 CFR 60.3) of FEMA, and
that the benefits of such growth outweigh
its environmental costs.
(B) Prohibited discharge standards.
(1) General prohibitions. No person shall
introduce or cause to be introduced into the
WRRF any pollutant or wastewater which
causes, or has the potential to cause, pass
through or interference. These general
prohibitions apply to all users of the WRRF
whether or not they are subject to categorical
pretreatment standards or any other federal,
state, or local pretreatment standards or
requirements.
(2) Specific Prohibitions. No person shall
introduce or cause to be introduced into the
WRRF the following pollutants, substances,
or wastewater:
(a) Pollutants which create a fire or
explosive hazard in the WRRF,
including, but not limited to,
wastestreams with a closed -cup
flashpoint of less than 140° Fahrenheit
(60° C) using the test methods specified
in 40 CFR 261.21;
(b) Wastewater having a pH less than 5.0
or more than 12.4, or otherwise causing
corrosive structural damage to the
WRRF or equipment;
(c) Solid or viscous substances including,
but not limited to, fats, oil or grease of
animal or vegetable in amounts which
will cause obstruction of the flow in the
WRRF resulting in interference but in no
case solids greater than one-half inch in
any dimension;
(d) Pollutants, including oxygen -demanding
pollutants (BOD, etc.), released in a
discharge at a flow rate and/or pollutant
concentration which, either singly or by
interaction with other pollutants, will
cause interference with the WRRF;
(e) Wastewater having a temperature
greater than 150° Fahrenheit (65° C), or
which will inhibit biological activity in the
treatment plant resulting in interference,
but in no case wastewater which causes
the temperature at the introduction into
the treatment plant to exceed 104°
Fahrenheit (40° C);
(f) Petroleum oil, nonbiodegrable cutting
oil, or products of mineral oil origin, in
amounts that will cause interference or
pass through;
(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;
(h) Trucked or hauled pollutants, except at
discharge points designated by the City
in accordance with §51.076(D) of this
article;
(i) Any liquids, gases, solids, or other
wastewater which, either singly or by
interaction with other wastes, are
sufficient to create a public nuisance or a
hazard to life, or to prevent entry into the
sewers for maintenance or repair;
(j) Wastewater which imparts color which
cannot be removed by the treatment (C)
process, such as, but not limited to, dye,
wastes and vegetable tanning solutions,
which consequently imparts color to the
treatment plant's effluent, thereby
violating the city's NPDES permit;
(k) Wastewater containing any radioactive
wastes or isotopes except in compliance
with applicable federal or state
regulations and approved by the City;
(I) Storm water, surface water, ground
water, artesian well water, roof runoff,
subsurface drainage, condensate,
deionized water, noncontact cooling
water, and unpolluted wastewater, unless
specifically authorized by the City;
(m) Sludges, screenings, or other residues
from the pretreatment of industrial
wastes;
(n) Medical wastes or pharmaceutical drugs,
except as specifically authorized by the
City;
(o) Wastewater causing, alone or in
conjunction with other sources, the
WRRF to violate its NPDES permit or the
treatment plant's effluent to fail a toxicity
test;
(p) Any substance which may cause the
WRRF's effluent or other product of the
WRRF such as residues, biosolids or
scums, to be unsuitable for normal
landfill/land application, reclamation or
reuse, or to interfere with the reclamation (D)
process;
(q) Detergents, surface-active agents, or
other substances which may cause
excessive foaming in the WRRF;
(r) Any material into a manhole through its
top unless specifically authorized by the
City.
(s) Non-flushable wipes, non -dispersible
wipes, and non -biodegradable wipes
including, but not limited to, baby wipes,
paper towels, dusting wipes, cleaning
wipes, and disposable mop heads.
Pollutants, substances, or wastewater
prohibited by this section shall not be processed
or stored in such a manner that they could be
discharged to the WRRF.
Categorical pretreatment standards or categorical
standards. Any regulation containing pollutant
discharge limits promulgated by EPA in
accordance with sections 307(b) and (c) of the
Act (33 U.S.C. section 1317) that apply to a
specific category of Users and that appear in 40
CFR Chapter I, Subchapter N, Parts 405-471.
Users must comply with the categorical
pretreatment standards. Categorical pretreatment
standards are hereby incorporated.
(1) Where a categorical pretreatment standard
is expressed only in terms of either the mass
or the concentration of a pollutant in
wastewater, the City may impose equivalent
concentration or mass limits in accordance
with 40 CFR 403.6(c).
(2) When wastewater subject to a categorical
pretreatment standard is mixed with
wastewater not regulated by the same
standard, the City shall impose an alternate
limit using the combined wastestream
formula in 40 CFR 403.6(e).
(3) A user may obtain a variance from a
categorical pretreatment standard if the user
can prove, pursuant to the procedural and
substantive provisions in 40 CFR 403.13,
that factors relating to its discharge are
fundamentally different from the factors
considered by EPA when developing the
categorical pretreatment standard.
(4) A user may obtain a net gross adjustment to
a categorical standard in accordance with 40
CFR 403.15.
Local limits. To protect against pass through and
interference, no Industrial User may discharge or
cause to be discharged into the WRRF any
wastewater pollutant concentration exceeding the
Technically Based Local Limits (TBLLs)
developed from time to time by the City as
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
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
TITLE V PUBLIC WORKS
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
nonroutlne batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the City
of any accidental or slug discharge, as
required by §51.079(F) of this article. Such
notification must also be given for any
discharge which would violate any of the
prohibited discharges in §51.075(B) of this
article; and
(4) Procedures to prevent adverse impact from
any accidental or slug discharge. Such
procedures include, but are not limited to,
inspection and maintenance of storage areas,
handling and transfer of materials, loading
and unloading operations, control of plant site
runoff, worker training, building of
containment structures or equipment,
measures for containing toxic organic
pollutants (including solvents), and/or
measures and equipment for emergency
response.
(D) Hauled wastewater.
Hazardous waste will not be accepted by truck or
liquid waste hauler at the WRRF.
(1) Domestic waste haulers are required to
submit an application to discharge liquid
wastes. This application must be
accompanied by a fee in accordance with
§51.137(G). Hauled domestic waste may be
introduced into the WRRF only at locations
approved by the City and at such times as are
established by the City. Such wastes shall
not violate §51.075 of this article or any other
requirements established by the City. A fee
must be paid for each domestic waste load in
accordance with §51.137(G). The City may
require the domestic waste haulers to obtain
wastewater discharge permits.
(2) The City may require haulers of industrial
waste to obtain wastewater discharge
permits. The City may require generators of
hauled industrial waste to obtain wastewater
discharge permits. The City also may prohibit
the disposal of hauled industrial waste. The
(4) Domestic waste haulers and industrial waste
haulers may only discharge loads at
locations designated by the City. No load
may be discharged without prior consent of
the City. The City may collect samples of
each hauled load to ensure compliance with
applicable standards. The City may require
the hauler to provide a waste analysis of any
load prior to discharge.
(5) Domestic waste and industrial waste haulers
must provide a waste -tracking form for every
load. This form shall include, at a minimum,
the name and address of the waste hauler,
permit number, truck identification, names
and addresses of sources of waste, and
volume and characteristics of waste. For
industrial waste, the form shall identify the
type of industry, known or suspected waste
constituents, and whether any wastes are
RCRA hazardous wastes.
(6) Any waste not deemed domestic by the City
will be handled on a case by case basis at
the discretion of the City.
(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Code 1991,
§51.076)
51.077 Wastewater Discharge Permit
Application
(A) Wastewater analysis. When requested by the
City, a user must submit information on the
nature and characteristics of the users
wastewater within thirty (30) days of request,
unless otherwise specified. The City is
authorized to prepare a form for this purpose and
may periodically require users to submit or
update the information.
(B) Wastewater discharge permit requirement
(1) No significant industrial user shall discharge
wastewater into the WRRF without first
obtaining a wastewater discharge permit
from the City, except a significant industrial
user that has filed a timely application
pursuant to §51.077(C) of this article may
continue to discharge for the time period
specified therein.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
narrative;
(2) The City may require other users to obtain
wastewater discharge permits as necessary
to carry out the purposes of this article.
(3) Any violation of the terms and conditions of a
wastewater discharge permit shall be deemed
a violation of this article and subjects the
wastewater discharge permittee to the
sanctions set out in §51.082 through §51.084
of this article. Obtaining a wastewater
discharge permit does not relieve a permittee
of its obligation to comply with all federal and
state pretreatment standards or requirements
or with any other requirements of federal,
state, and local law.
(C) Wastewater discharge permitting; existing
connections. Any non -permitted user required to
obtain a wastewater discharge permit, who was
discharging wastewater into the WRRF prior to the
effective date of this article and who wishes to
continue such discharges in the future, shall,
within 90 days after said date, apply to the City for
a wastewater discharge permit in accordance with
§51.077(E) of this article, and shall not cause or
allow discharges to the WRRF to continue after
180 days of the effective date of this article except
in accordance with a wastewater discharge permit
issued by the City.
(D) Wastewater discharge permitting: new
connections. Any user required to obtain a
wastewater discharge permit that proposes to
begin or recommence discharging into the WRRF
must obtain such permit prior to the beginning or
recommending of such discharge. An application
for this wastewater discharge permit, in
accordance with §51.077(E) of this article, must be
filed at least 90 days prior to the date upon which
any discharge will begin or recommence.
(E) Wastewater discharge permit application contents.
All users required to obtain a wastewater
discharge permit must submit a permit application
accompanied by a fee in accordance with
51.137(H). The City may require a user to submit
as part of an application the following information:
(1) The information required by §51.079(A)(2) of
this article;
(2) A comprehensive description of activities,
facilities, and plant processes on the
premises, including a list of all raw materials
and chemicals (not just trade names) used or
stored at the facility which are, or could
accidentally or intentionally be, discharged to
the WRRF. A qualified professional must
certify to the accuracy of this process
(3) Number of employees, hours of operation,
and proposed or actual hours of operation;
(4) Each product produced by type, amount,
process or processes, and rate of
production;
(5) Type and amount of raw materials
processed (average and maximum per day);
(6) Comprehensive site plans, floor plans,
mechanical and plumbing plans, and details
to show all sewers, floor drains, chemical
storage areas, and appurtenances by size,
location, and elevation, and all points of
discharge. A qualified professional must
certify to the accuracy of this schematic(s);
(7) Time, average gallons per day discharged
and duration of discharges; and
(8) Any other information as may be deemed
necessary by the City to evaluate the
wastewater discharge permit application.
(9) Pollution Prevention (P2) activities such as
source reduction, waste minimization,
environmental management systems, water
and energy conservation, and use of less
toxic alternatives.
Incomplete or inaccurate applications will not
be processed and will be returned to the user for
revision.
(F) Application signatories and certification. All
wastewater discharge permit applications and
user reports must be signed by an authorized
signatory of the user and contain the following
certification statement:
I certify under penalty of law that this
document and all attachments were
prepared under my direction or supervision
in accordance with a system designed to
assure that qualified personnel properly
gather and evaluate the information
submitted. Based on my inquiry of the
person or persons who manage the system,
or those persons directly responsible for
gathering the information, the information
submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I
am aware there are significant penalties for
submitting false information, including the
possibility of fine and imprisonment for
knowing violations.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
(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 for a
(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 of inspection and sampling
facilities and equipment;
(c) Effluent limits, including Best
Management Practices, based on
(f)
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
TITLE V PUBLIC WORKS
of treatment and discharge of regulated
wastewater discharge to the City's
collection system (per §51.076(B)(5)).
(C) Wastewater discharge permit appeals. A
permittee may petition the City to reconsider the
terms of a wastewater discharge permit within 30
days of notice of issuance of the discharge permit.
(1) Failure to submit a timely petition for review
shall be deemed to be a waiver of the
administrative appeal.
(2) In its petition, the appealing party must
indicate the wastewater discharge permit
provisions objected to, the reasons for this
objection, and the alterative condition, if any,
it seeks to place in the wastewater discharge (E)
permit.
(3) The effectiveness of the wastewater
discharge permit shall not be stayed pending
the appeal.
(4) If the City fails to act within 30 days of receipt
of the request, the request for reconsideration
shall be deemed to be denied. Decisions not
to reconsider a wastewater discharge permit,
not to issue a wastewater discharge permit, or
not to modify a wastewater discharge permit,
shall be considered final administrative
actions for purposes of judicial review.
(D) Wastewater discharge permit modification. The
City may modify the wastewater discharge permit
for good cause including, but not limited to, the
following reasons:
(1) To incorporate any new or revised federal,
state, or local pretreatment standards or
requirements;
(2) To address significant alterations or additions
to the users operation, processes, or
wastewater volume or character since the
time of wastewater discharge permit
issuance;
(3) A change in the WRRF that requires either a
temporary or permanent reduction or
elimination of the authorized discharge;
(4) Information indicating the permitted discharge
poses a threat to the WRRF, WRRF
personnel, the receiving waters, or threats to
the WRRF's beneficial biosolids use;
(5) Violation of any terms or conditions of the
wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose
all relevant facts in the wastewater discharge
permit application or in any required
reporting;
(7) Revision of or a grant of variance from
categorical pretreatment standards pursuant
to 40 CFR 403.13;
(8) To correct typographical or other errors in
the wastewater discharge permit;
(9) To reflect a transfer of the facility ownership
or operation to a new owner or operator
where requested in accordance with
51.078(E).
Wastewater discharge permit transfer.
Wastewater discharge permits may be
transferred to a new owner or operator if the
permittee gives at least seven days advance
notice to the City, provides a copy of the existing
permit to the new owner or operator, and the City
approves the wastewater discharge permit
transfer. The notice to the City must include a
written certification by the new owner or operator
which:
(1) States that the new owner and/or operator
has no immediate intent to change the
facility's operations and processes;
(2) Identifies the specific date on which the
transfer is to occur; and
(3) Acknowledges full responsibility for
complying with the existing wastewater
discharge permit.
Failure to provide notice of a transfer renders the
wastewater discharge permit void as of the date
of facility transfer.
(F) Wastewater discharge permit revocation. The
City may revoke a wastewater discharge permit
for good cause, including, but not limited to, the
following reasons:
(1) Failure to notify the City of significant
changes to the wastewater prior to the
changed discharge;
(2) Failure to provide prior notification to the City
of changed conditions pursuant to
§51.079(E) of this article;
(3) Misrepresentation or failure to fully disclose
all relevant facts in the wastewater discharge
permit application;
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
(4) Falsifying self -monitoring or other reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the City timely access to the
facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or
the wastewater discharge permit application;
or
(12) Violation of any pretreatment standard or
requirement, or any terms of the wastewater
discharge permit or this article.
Wastewater discharge permits shall be
voidable upon cessation of operations. All
wastewater discharge permits issued to a
particular user are void upon the issuance of a
new wastewater discharge permit to that user.
(G) Wastewater discharge permit re -Issuance. A user
with an expiring wastewater discharge permit shall
apply for wastewater discharge permit re -issuance
by submitting a complete permit application, in
accordance with §51.077(E) of this article, a
minimum of 90 days prior to the expiration of the
user's existing wastewater discharge permit.
(H) Regulation of waste received from other
jurisdictions.
(1) If another jurisdiction, or user located within
another jurisdiction, contributes wastewater to
the WRRF, the City shall enter into an
interjurisdictional agreement with the
contributing jurisdiction; enter into an
agreement with, or permit, users located in
another jurisdiction; or both. Certain hauled
wastewater may be exempted from the
requirements of this paragraph with specific
authorization by the City.
(2) An interjurisdictional agreement, as required
by paragraph (1), above, shall contain the
following conditions:
(a) A requirement for the contributing
jurisdiction to adopt a sewer use
ordinance which is at least as stringent
as this article and local limits which are
at least as stringent as those set out in
§51.075(D) of this article. The
requirement shall specify that such
ordinance and limits must be revised as
necessary to reflect changes made to
the city's ordinance and/or local limits;
(b) A requirement for the contributing
jurisdiction to submit a revised user
inventory on at least an annual basis;
(c) A provision specifying which
pretreatment implementation activities,
including wastewater discharge permit
issuance, inspection and sampling, and
enforcement, will be conducted by the
contributing jurisdiction; which of these
activities will be conducted by the City;
and which of these activities will be
conducted jointly by the contributing
jurisdiction and the City;
(d) A requirement for the contributing
jurisdiction to provide the City with
access to all information the
contributing jurisdiction obtains as part
of its pretreatment activities;
(e) A provision insuring the City access to
the facilities of users located within the
contributing jurisdiction's boundaries for
the purpose of inspection, sampling, and
any other duties deemed necessary by
the City; and
(f) A provision specifying remedies
available for breach of the terms of the
interjurisdictional agreement.
(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Ord. No.
4088, §§4, 5, 4-7-98; Code 1991, §51.078)
51.079 Reporting Requirements
(A) Baseline monitoring reports.
(1) Within either 180 days after the effective
date of a categorical pretreatment standard,
or the final administrative decision on a
category determination under 40 CFR
403.6(a)(4), whichever is later, existing
categorical users currently discharging to or
scheduled to discharge to the WRRF shall
submit to the City a report which contains the
information listed in paragraph (B), below.
At least 90 days prior to commencement of
their discharge, new sources, and sources
that become categorical users subsequent to
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
the promulgation of an applicable categorical
standard, shall be required to submit to the
City a report which contains the information
listed in paragraph (2), below. A new source
shall report the method of pretreatment it
intends to use to meet applicable categorical
standards. A new source also shall give
estimates of its anticipated flow and quantity
of pollutants to be discharged.
(2) Users described above shall submit the
information set forth below.
(a) Identifying information. The name and
- address of the facility, including the name
of the operator and owner.
(b) Environmental permits. A list of any
environmental control permits held by or
for the facility.
(c) Description of operations. A
comprehensive narrative description of
the nature, average rate of production, all
applicable NAICS and standard industrial
classifications of the operation(s) carried
out by such user. This description should
include a comprehensive schematic
process diagram which indicates points
of discharge to the WRRF from the
regulated processes. A qualified
professional must certify to the accuracy
of this process narrative and wastewater
flow schematics.
(d) Flow measurement. Information showing
the measured average daily and
maximum daily flow, in gallons per day,
to the WRRF from regulated process
streams and other streams, as
necessary, to allow use of the combined
wastestream formula set out in 40 CFR
403.6(e). The City may allow for
verifiable estimates of these flows where
justified by cost or feasibility
considerations.
(e) Measurement of pollutants.
(i) The categorical pretreatment
standards applicable to each
regulated process.
(ii) The results of sampling and analysis
identifying the nature and
concentration (and/or mass, where
required by the standard or by the
City) of regulated pollutants in the
discharge from each regulated
process. Instantaneous, daily
maximum, and long term average
concentrations or mass, where
required, shall be reported. The
sample shall be representative of
daily operations and shall be
analyzed in accordance with
procedures set out in §51.079(J) of
this article. Where the Standard
requires compliance with a BMP or
pollution prevention alternative, the
User shall submit documentation as
required by the City or the
applicable standards to determine
compliance with the standard.
(iii) Sampling must be performed in
accordance with procedures set out
in §51.079(K) of this article.
(f) Certification. A statement, reviewed by
the users authorized signatory and
certified by a qualified professional,
indicating whether pretreatment
standards are being met on a consistent
basis, and, if not, whether additional
operation and maintenance (O&M)
and/or additional pretreatment, is
required to meet the pretreatment
standards and requirements.
(g) Compliance schedule. If additional
pretreatment and/or O&M will be
required to meet the pretreatment
standards, the shortest schedule by
which the user will provide such
additional pretreatment and/or O&M.
The completion date in this schedule
shall not be later than the compliance
date established for the applicable
pretreatment standard. A compliance
schedule pursuant to this section must
meet the requirements set out in
§51.079(B) of this article.
(h) Signature and certification. All baseline
monitoring reports must be signed and
certified in accordance with §51.077(F)
of this article.
(B) Compliance schedule progress report. The
following conditions shall apply to the compliance
schedule required by §51.079(A)(2)(g) of this
article:
(1) The schedule shall contain progress
increments in the form of dates for the
commencement and completion of major
events leading to the construction and
operation of additional pretreatment required
for the user to meet the applicable
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
pretreatment standards (such events include,
user must submit documentation required by
but are not limited to, hiring an engineer,
the City or the pretreatment standard
completing preliminary and final plans,
necessary to determine the compliance
executing contracts for major components,
status of the user. All periodic compliance
commencing and completing construction,
reports must be signed and certified in
beginning and conducting 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 property
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 users 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 users 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. (I) 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
TITLE V PUBLIC WORKS
monitoring activities required by this article and
any additional records of information obtained
pursuant to monitoring activities undertaken by the
user independent of such requirements, and
documentation associated with Best Management
Practices established under 51.075(D). Records
shall include the date, exact place, method, and
time of sampling and the name of the person(s)
taking the samples; the dates analyses were
performed; who performed the analyses; the
analytical techniques or methods used; and the
results of such analyses. These records shall
remain available for a period of at least three
years. This period shall be automatically extended
for the duration of any litigation concerning the
user or the City, or where the user has been
specifically notified of a longer retention period by
the U.S. EPA, state, or City.
(Code 1991, §51.079; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96;
Ord. No. 4088, §6, 4-7-98)
51.080 Compliance Monitoring
(A) Right of entry; inspection and sampling. The City
shall have the right to enter the premises of any
user to determine whether the user is complying
with all requirements of this article and any
wastewater discharge permit or order issued
hereunder. Users shall allow the City ready
access to all parts of the premises for the
purposes of inspection, sampling, records
examination and copying, and the performance of
any additional duties.
(1) Where a user has security measures in force
which require proper identification and
clearance before entry into its premises, the
user shall make necessary arrangements with
its security guards so that, upon presentation
of suitable identification, the City will be
permitted to enter without delay for the
purposes of performing specific
responsibilities.
(2) The City shall have the right to set up on the
users property, or require installation of, such
devices as are necessary to conduct sampling
and/or metering of the user's operations.
(3) The City may require the user to install
monitoring equipment as necessary. The
facility's sampling and monitoring equipment
shall be maintained at all times in a safe and
proper operating condition by the user at its
own expense. All devices used to measure
wastewater flow and quality shall be
calibrated at least annually by a certified
technician to ensure their accuracy.
Calibration records shall be made available to
the City upon request.
(4) Any temporary or permanent obstruction to
safe and easy access to the facility to be
inspected and/or sampled shall be promptly
removed by the user at the written or verbal
request of the City and shall not be replaced.
The costs of clearing such access shall be
borne by the user.
(3) Unreasonable delays in allowing the City
access to the users premises shall be a
violation of this article.
(B) Search warrants. If the City has been refused
access to a building, structure or property, or any
part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of
this article, or that there is a need to inspect
and/or sample as part of a routine inspection and
sampling program of the City designed to verify
compliance with this article or any permit or order
issued hereunder, or to protect the overall public
health, safety and welfare of the community, then
the City may seek issuance of a search warrant
from the city district court.
(Code 1991, §51.080)
51.081 Confidential Information
Information and data on a user obtained from reports,
surveys, wastewater discharge permit applications,
wastewater discharge permits, and monitoring
programs, and from the City's inspection and
sampling activities, shall be available to the public
without restriction, unless the user specifically
requests, and is able to demonstrate to the
satisfaction of the City, that the release of such
information would divulge information, processes or
methods of production entitled to protection as trade
secrets under applicable state law. Any such request
must be asserted at the time of submission of the
information or data. When requested and
demonstrated by the user furnishing a report that
such information should be held confidential, the
portions of a report which might disclose trade secrets
or secret processes shall not be made available for
inspection by the public, but shall be made available
immediately upon request to governmental agencies
for uses related to the NPDES program or
pretreatment program, and in enforcement
proceedings involving the person furnishing the
report. Wastewater constituents and characteristics
and other "effluent data" as defined by 40 CFR 2.302
will not be recognized as confidential information and
will be available to the public without restriction.
(Code 1991, §51.081)
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
51.082 Publication of Users in Significant
Noncompliance
The City shall publish annually, in a newspaper of
general circulation that provides meaningful public
notice within the jurisdictions served by the City's
WRRF, a list of the users which, during the previous 12
months, were in significant noncompliance with
applicable pretreatment standards and requirements.
The term significant noncompliance shall be applicable
to all significant industrial users (or any other industrial
user that violates paragraphs (C), (D) or (H) of this
Section) and shall mean:
(A) Chronic violations of wastewater discharge limits,
defined here as those in which sixty-six percent
(66%) or more of all the measurements taken for
the same pollutant parameter taken during a six-
month period exceed (by any magnitude) a
numeric pretreatment standard or requirement,
including instantaneous limits as defined in
51.074;
(B) Technical review criteria (TRC) violations, defined
here as those in which thirty-three percent (33%)
or more of wastewater measurements taken for
each pollutant parameter during a six-month
period equals or exceeds the product of the
numeric pretreatment standard or requirement
including instantaneous limits, as defined by
51.074 multiplied by the applicable criteria: 1.4 for
BOD, TSS, fats, oils and grease, and 1.2 for all
other pollutants except pH;
(C) Any other violation of a pretreatment standard or
requirement as defined by 51.074 (daily maximum,
long term average, instantaneous limit, or
narrative standard) that the City determines has
caused, alone or in combination with other
discharges, interference or pass through, including
endangering the health of city or WRRF personnel
or the general public;
(D) Any discharge of pollutants that has caused
imminent endangerment to the public or to the
environment, or has resulted in the City's exercise
of its emergency authority to halt or prevent such a
discharge;
(E) Failure to meet within 90 days of the scheduled
date, a compliance schedule milestone contained
in a wastewater discharge permit or enforcement
order for starting construction, completing
construction, or attaining final compliance;
(F) Failure to provide within forty five (45) after the
due date, any required reports, including baseline
monitoring reports, reports on compliance with
categorical pretreatment standard deadlines,
periodic self -monitoring reports, and reports on
compliance with compliance schedules;
(G) Failure to accurately report noncompliance; or
(H) Any other violation(s), which may include a
violation of Best Management Practices, which
the City determines will adversely affect the
operation or implementation of the local
pretreatment program.
(Code 1991, §51.082; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-
96; Ord. No. 4088, §8, 4-7-98)
51.083 Administrative Enforcement
Remedies
(A) Notice of violation. When the City finds that a
user has violated (or continues to violate) any
provision of this article, a wastewater discharge
permit or order issued hereunder, or any other
pretreatment standard or requirement, the City
shall serve upon such user either an informal
warning or a written notice of violation. Within five
business days of the receipt of the notice of
violation, an explanation of the violation and a
plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall
be submitted by the user to the City. Submission
of this plan in no way relieves the user of liability
for any violations occurring before or after receipt
of the notice of violation. Nothing in this section
shall limit the authority of the City to take any
action, including emergency actions or any other
enforcement action, without first issuing an
informal warning or a notice of violation.
(B) Consent orders. The City may enter into consent
orders, assurances of voluntary compliance, or
other similar documents establishing an
agreement with any user responsible for
noncompliance. Such documents will include
specific action to be taken by the user to correct
the noncompliance within a time period specified
by the document. Such documents shall have
the same force and effect as the administrative
orders issued pursuant to §51.083(D) and
§51.083(E) of this article and shall be judicially
enforceable.
(C) Show cause hearing. The City may order a user
which has violated or continues to violate, any
provision of this article, a wastewater discharge
permit or order issued hereunder, or any other
pretreatment standard or requirement, to appear
before the City and show cause why the
proposed enforcement action should not be
taken. Notice shall be served on the user
specifying the time and place for the meeting, the
proposed enforcement action, the reasons for
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 users 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.
users 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 users 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
City.
(E) Remedies nonexclusive. The remedies provided
for in this article are not exclusive. The City may
take any, all, or any combination of these actions
against a noncompliant user. Enforcement of
pretreatment violations will generally be in
accordance with the City's Enforcement Response
Plan within the City's Pretreatment Program.
However, the City may take other action against
any user, including but not limiting to,
misdemeanor and felony fines and imprisonment
when the circumstances warrant.
(Code 1991, §51.084; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96)
51.085 Affirmative Defenses to Discharge
Violations
(A) Upset.
(1) For the purposes of this section, "upset"
means an exceptional incident in which there
is unintentional and temporary noncompliance
with categorical pretreatment standards
because of factors beyond the reasonable
control of the user. An upset does not include
noncompliance to the extent caused by
operational error, improperly designed
treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or
careless or improper operation.
(2) An upset shall constitute an affirmative
defense to an action brought for
noncompliance with categorical pretreatment
standards if the requirements of paragraph (3)
are met.
(3) A user who wishes to establish the affirmative
defense of upset shall demonstrate, through
properly signed, contemporaneous operating
logs, or other relevant evidence that:
(a) An upset occurred and the user can
identify the cause(s) of the upset;
(b) The facility was at the time being
operated in a prudent and workman -like
manner and in compliance with
applicable operation and maintenance
procedures; and
(c) The user has submitted the following
information to the City as soon as
possible but no later than 24 hours after
becoming aware of the upset. If this
information is provided orally, a written
submission must be provided within five
business days:
(i) A description of the indirect
discharge and cause of
noncompliance;
(ii) The period of noncompliance,
including exact dates and times or,
if not corrected, the anticipated time
the noncompliance is expected to
continue;
(iii) Steps being taken and/or planned
to reduce, eliminate, and prevent
recurrence of the noncompliance;
and
(iv) In any enforcement proceeding, the
user seeking to establish the
occurrence of an upset shall have
the burden of proof.
(4) Users will have the opportunity for a judicial
determination on any claim of upset only in
an enforcement action brought for
noncompliance with categorical pretreatment
standards.
(5) Users shall control production of all
discharges to the extent necessary to
maintain compliance with categorical
pretreatment standards upon reduction, loss,
or failure of its treatment facility until the
facility is restored or an alternative method of
treatment is provided. This requirement
applies in the situation where, among other
things, the primary source of power of the
treatment facility is reduced, lost, or fails.
(B) Prohibited discharge standards. A user shall
have an affirmative defense to an enforcement
action brought against it for noncompliance with
the prohibitions in §51.075(B)(1) of this article or
the specific prohibitions in §51.075(B)(2)(c)
through (r), except for §51.075(B)(2)(h), if it can
prove that it did not know, or have reason to
know, that its discharge, alone or in conjunction
with discharges from other sources, would cause
pass through or interference and that either:
(1) A local limit exists for each pollutant
discharged and the user was in compliance
with each limit directly prior to, and during,
the pass through or interference; or
(2) No local limit exists, but the discharge did
not change substantially in nature or
constituents from the users prior discharge
when the City was regularly in compliance
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
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
51.137 Monthly Sewer Rates
(A) Monthly sewer rates.
(1) All monthly sewer charges shall be calculated
from the customer's monthly water usage. The
following monthly rates are hereby fixed as rates to
be charged for sewer services:
Table D-1
Monthly Sewer Rates Per 1,000 Gallons Before
January 1,2009
Class
Usage Rate
Cost per
In Gallons)
1,000 gallons
Residential
First 2,000
gallons
$3.10
Greater than
2,000
3.10
gallons
Non -Residential
All Usage
2.42
Major Industrial
All Usage
2.42
Farmington
All Usage
4.66
Outside city
All Usage
4.66
85% of
metered
2.81
Elkins
water usage
Usage
above 85%
1 98
of metered
water usage
Table D-2
Monthly Sewer Rates Per 1,000 Gallons After
December 31, 2008
Class
Usage Rate
Cost per
(In Gallons)
1,000 gallons
Residential
First 2,000
gallons
$3.00
Greater than
2,000
4.00
gallons
Non -Residential
All Usage
3.02
Major Industrial
All Usage
3.03
Farmington
All Usage
5.13
Outside city
All Usage
5.57
85% of
metered
3.53
Elkins
water usage
Usage
above 85%
1 85
of metered
water usage
Table D-3
Monthly Sewer Rates Per 1,000 Gallons After
December 31, 2009
Class
Usage Rate
Cost per
In Gallons)
1,000 gallons
Residential
First 2,000
gallons
$3.07
Greater than
4.10
2,000 gallons
Non -Residential
All Usage
3.10
Major Industrial
All Usage
3.21
Farmington
All Usage
5.28
Outside city
All Usage
5.74
85% of
metered water
3.64
Elkins
usage
Usage above
85% of
1.91
metered water
usage
Table D-4
Monthly Sewer Rates Per 1,000 Gallons After
December 31, 2010
Class
Usage Rate
Cost per
In Gallons)
1,000 gallons
Residential
First 2,000
gallons
$3.14
Greater than
4 18
2,000 gallons
Non -Residential
All Usage
3.18
Major Industrial
All Usage
3.40
Farmington
All Usage
5.44
Outside city
All Usage
5.91
85% of
metered water
3.75
Elkins
usage
Usage above
85% of
1.96
metered water
usage
(2) Beginning January 1, 2012, all monthly
sewer quantity charge- usage rates per
1,000 gallons shall be increased by 3% per
year.
(3) Sewer related fees levied by the Cities of
Farmington or Greenland shall be added to
the wastewater utility bill at the request of
Farmington or Greenland. These fees may
be calculated on a per -thousand volumetric
usage or a per month basis.
(B) Monthly sewer service charge.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
(1) In addition to the above, each customer shall
pay a monthly sewer service charge in
accordance with the following schedule:
Table E-1 Monthly Sewer Service Charge
Prior to January 1, 2009
Meter Size
Inside City
Outside
Cityt
Farmingtont
5/8" x 3/4'
$ 10.36
$ 10.35
$ 10.35
1 inch
13.47
19.35
19.35
1'/ inch
21.99
34.33
34.33
2 inch
31.44
49.32
49.32
3 inch
73.01
104.40
104.40
4 inch
120.26
171.97
171.97
6 inch
238.37
340.87
340.87
8 inch
356.48
509.76
509.76
Table E-2 Monthly Sewer Service Charge
After December 31, 2008
Meter Size
Inside City
Outside
Cityt
Farmingtont
5/8" x 3/4"
$ 12.45
$ 12.40
$ 11.40
1 inch
16.20
23.10
21.30
1'/ inch
26.45
41.10
37.80
2 inch
37.80
54.30
50.00
3 inch
87.75
125.50
115.30
4 inch
144.50
206.60
189.85
6 inch
286.45
409.60
376.40
8 inch
428.40
612.60
563.00
Table E-3 Monthly Sewer Service Charge
After December 31, 2009
Meter
Size
Inside City
Outside
Cityt
Farmingtont
5/8" x 3/4
$ 12.80
$ 12.80
$ 11.70
1 inch
16.65
23.80
21.90
1'% inch
27.15
42.30
38.90
2 inch
38.85
55.90
51.50
3 inch
90.20
129.25
118.75
4 inch
148.60
212.80
195.55
6 inch
294.50
421.88
387.70
8 inch
440.45
631.00
579.90
Table E-4 Monthly Sewer Service Charge
After December 31, 2010
Meter
Size
Inside City
Outside
Cityt
Farmingtont
5/8" x
3/4"
$ 13.20
$ 13.20
$ 12.10
1 inch
17.15
24.50
22.60
1'/ inch
28.00
43.60
40.10
2 inch
40.05
57.60
53.05
3 inch
93.00
133.10
122.30
4 inch
153.25
219.20
201.50
6 inch
303.70
434.50
400.00
8 inch
454.20
650.00
597.30
tCost of Service Methodology required by contract.
(2) Beginning January 1, 2012, all monthly
sewer service charges shall be increased by
3% per year.
(C) Determination of sewer quantity charge for
residential customers.
(1) In the case of residential customers residing
in a single family home, duplex, triplex, and/or
fourplex, the average monthly water
consumption for the preceding months of
December, January, and February shall be
computed separately for each customer, and
a uniform monthly charge for each customer
shall be determined by applying the schedule
of rates set out in subsection (A) of this
section to such average monthly water
consumption. In the case of a residential user
for whom a uniform monthly charge has been
established and who moves to a new location
the same uniform monthly charge shall apply
at the new location. In the case of new
residential customers, sewer averages shall
be established based on the number of
individuals residing within the dwelling unit, at
a rate of 2,100 gallons per customer per
month. This methodology of sewer averaging
shall not apply to multi -family structures
containing five (5) or more units in a
contiguous building.
(2) In the case of sewer customers who do not
have a water meter provided by a public water
utility, the sewer usage volume billed shall be
the average volume of all users in the sewer
system in like dwellings from the most recent
system -wide sewer average calculation.
(D) Determination of charge for non-residential and
major industrial customers. In the case of non-
residential and/or major industrial customers, the
monthly sewer charge shall be determined by
applying the schedule of rates prescribed in
subsection (A) of this section to the monthly water
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
usage of such customers. In the event that a non-
residential or major industrial customer discharging
waste into the city's sanitary sewer system
produces evidence to the Water and Wastewater
Director demonstrating that a substantial portion of
the total amount of water from all sources used for
all purposes does not reach the sanitary sewer
which is in excess of the factors used in establishing
the rates in subsection (A) of this section, an
estimated percentage of total water consumption to
be used in computing charges may be established
by the Water and Wastewater Director. The factors
used in establishing said rates are on file in the
office of the Water and Wastewater Director and
are incorporated herein by reference thereto. Any
rate so adjusted by the Water and Wastewater
Director shall be effective for a 12 -month period
beginning with the billing for the month when rates
adjudged hereby go into effect.
(E) Extra Strength Surcharge.
(1) For all significant industrial users as defined in
§51.074, whose wastewater discharge is
greater than 300 mg/I of BODs and/or TSS, the
City shall levy an Extra Strength Surcharge for
each parameter in accordance with the
following unit charges:
Table F3 Extra Strength Surcharges
After 12/1/2011
Extra Strength
BOD5
$0.3145 per pound
Extra Strength TSS
$0.2209 per pound
(2) Starting after December 31, 2011, Extra
Strength Surcharges shall be increased by 3%
per year.
(3) Extra Strength Surcharges shall be billed
monthly and shall be computed on the basis of
water meter reading (wastewater discharge
volume).
(4) All sampling and analyses of the wastewater
characteristics shall be performed in
accordance with U.S. Environmental
Protection Agency 40 Code of Federal
Regulations Part 136 approved methods.
(5) The volume of flow used in computing
surcharge shall be based upon metered water
consumption as shown in the records of meter
readings maintained by the city's business
office. In the event that a user discharging
waste into the city sanitary sewer system
produces evidence to the city demonstrating
that a portion of the total amount of water
used for all purposes is not discharged into
the sanitary sewer, a separate meter or
meters or other approved flow measuring
device maybe installed at the user's expense,
upon its request, to measure only that portion
of the total flow being discharged into the city
sewer system. If a surcharge is assessed by
the city, it shall be shown separately on the
monthly billing.
(6) Any person discharging industrial waste into
the sanitary sewers of the city who procures
any part or all of the user's water supply from
sources other than the city, all or part of which
is discharged into the sanitary sewer,, shall
install and maintain at the user's expense
water meters of the type approved by the city
for the purpose of determining the proper
volume of flow to be used in computing sewer
service charges. Such meter will be read
monthly and tested for accuracy when
deemed necessary by the city. Where it can
be shown that a portion of the water
measured by the aforesaid meter or meters
does not enter the sanitary sewer system of
the city, a separate meter or meters or other
approved flow measuring device may be
installed at the users expense, upon its
request, to measure only that portion of the
total flow being discharged into the city sewer
system. If a surcharge is assessed by the
city, it shall be shown separately on the
monthly billing.
(7) Computation of extra strength surcharges
shall be based on the following formula:
(a) Extra strength surcharge:
S = V x 8.34 x [BOD Unit
Charge (BOD - 300) + SS Unit
Charge (TSS - 300)]
(b) Where:
S = Surcharge in dollars
V = Sewer volume in million
gallons
8.34 = Pounds per gallon of water
BOD Unit = Unit charge for BOD in
Charge dollars per pound
BOD = BOD strength in parts per
million
300 ' = Allowed BOD strength in parts
per million
TSS Unit = Unit charge for suspended
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
Charge solids in dollars per pound 7-1-86; Ord. No. 3285, 8-4-87; Ord. No. 3398, 1-3-89; Ord.
No. 3491, 7-17-90; Ord. No. 3637, §§1, 2, 8-18-92; Ord, No.
TSS = Suspended solids strength in 4059, §2, 10-7-97; Code 1991, §51.137; Ord. No. 4530, 12 -
parts per million 02-03; Ord. No. 4803, 12-20-05; Ord. 4998, 4-3-07; Ord.
5129, 4-15-08; Ord. 5438, 9-20-11)
300 = Allowed TSS Strength in parts
per million
(F) Elkins sewer charges.
(1) Elkins' payment for wastewater treatment shall
be based on 85% of the metered water
purchased. The volume of wastewater
received by Fayetteville at the "Point of
Connection" shall be measured by the installed
wastewater meter. Volumes of wastewater
below or above the agreed upon percentage
(85%) of metered water, as measured by the
wastewater meter, shall be recorded on a
monthly basis, with a reconciliation of the net
difference to occur semiannually in June and
December. If the reconciliation volume is over
the agreed upon percentage, this amount shall
be billed to Elkins in June and December at the
actual computed cost of wastewater collection
to and treatment at the Noland Wastewater
Treatment Plant, not including the calculated
rate of return and not including depreciation
charges, but including any capacity surcharge,
based on the most recent rate as determined
in paragraph B of this Contract. If the
reconciliation volume is below the agreed upon
percentage, the actual amount billed for the
difference shall be refunded to Elkins in June
and December
51.138 Definitions Pertaining to Water
and Sewer Rates
For the purpose of the sections pertaining to water and
sewer rates, the following definitions shall apply unless
the context clearly indicates or requires a different
meaning:
(A) City of Farmington customer. Customer whose
structure being served for water and/or
wastewater is physically located within the
incorporated limits of the City of Farmington,
Arkansas, who is served by the City of Fayetteville
for water and/or sewer service.
(B) Inside City customer. Customer whose structure
being served for water and/or wastewater is
physically located inside the incorporated limits of
the City of Fayetteville, AR.
(C)
(2) Elkins impact fee charges. The City of Elkins
shall pay an additional $0.25 per 1,000 gallons
of wastewater, for all wastewater volume
charges including both the 85% of metered
water volume and for wastewater in excess of (D)
the 85% of the metered water purchased billed
volume.
(G) Hauled Wastewater Fees.
(1) Application fee. An application to discharge
hauled domestic waste must be accompanied
by a fee of $100.00.
(2) Discharge fee. A fee of $50.00 must be paid
for each hauled domestic waste load
discharged.
(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.
(Code 1965, §21-26; Ord. No. 1165, 4-18-58; Ord. No. 3197,
Infiltration/inflow. The total quantity of water other
than wastewater from both infiltration and inflow
without distinguishing the source from defective
pipes, pipe joints, connections, manholes, roof
down spouts, cellar drains, yard drains, area
drains, foundation drains, drains from springs and
swampy areas, storm sewer cross connections,
catch basins, cooling towers, storm waters,
surface runoffs, street wash water, or drainage.
Infiltration and Inflow are specifically prohibited
from being intentionally allowed into the sanitary
sewer system.
Irrigation users. Irrigation users include meters
installed which serve primarily landscape irrigation
systems and include city -owned meters which
directly connect to the city water system (water
only) or privately owned meters located
downstream of a city -owned meter (exempt
meters). Meters which serve park properties, golf
courses, commercial nurseries and/or land
agricultural uses shall be classified as irrigation
except for meters at these locations which serve
exclusively non -irrigation uses. Exempt meters
which serve uses other than landscape irrigation
systems shall also be considered irrigation and
shall not be considered commercial.
(E) Major industrial user. An industrial customer who
uses an average of 5,000,000 gallons or more of
metered water per month in the previous calendar
year for non -irrigation use at a common
facility/building. This does not apply to combined
or consolidated sets of bills for non -irrigation use
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
at separate facilities/buildings
(F) Municipality. A city, town, county, parish, district,
association, or other public body (including an inter -
municipal agency of two or more of the foregoing
entities) created under state law having jurisdiction
over disposal of sewage, industrial waste or other
waste. The definition includes special districts such
as water, sewer, sanitary, utility, drainage,
transport, or disposal of liquid waste of the general
public in a particular geographic area.
(G) Non-residential customer or user. All customers
that do not meet the specific definitions of
residential customers, irrigation users, or major
industrial users. Non-residential customers include
but are not limited to retail establishments,
restaurants, office buildings, laundries,
governmental, educational, social, charitable,
religious, medical, penal institutions, poultry
houses, other private business and service
establishments. It also includes industrial users
using less than an average of 5,000,000 gallons per
month in the previous calendar year.
(H) Operation and maintenance. Those functions that
result in expenditures during the useful life of the
treatment works for materials, labor, utilities, and
other items which are necessary for managing and
for which such works were designed and
constructed. The term "operation and
maintenance" includes replacement.
(I) Replacement. Expenditures for obtaining and
installing components, equipment and
appurtenances which are necessary during the
useful life of the treatment works to maintain the
capacity and performance for which such works
were designed and constructed.
(J) Residential customer or user. Any contributor of
wastewater to the city's treatment works whose
dwelling in a single family home, duplex, triplex,
fourplex and/or any individually metered dwelling
unit that is used for domestic dwelling purposes
only.
(K) Treatment works. Any devices and systems for the
storage, treatment, recycling, and reclamation of
municipal sewage, domestic sewage, or liquid
industrial wastes. These include intercepting
sewers, outfall sewers, sewage collection systems,
pumping, power, and other equipment and their
appurtenances; extensions improvement;
remodeling, additions, and alterations thereof;
elements essential to provide a reliable recycled
supply such as standby treatment units and clear
well facilities; and any works, including site
acquisition of the land that will be an integral part of
the treatment process or is used for ultimate
disposal of residues resulting from such treatment
(including land for composting biosolids,
temporary storage of such compost, and land
used for the storage of treated wastewater in land
treatment systems before land application); or any
other method or system for preventing, abating,
reducing, storing, treating, separating, or
disposing of municipal waste or industrial waste,
including waste in combined storm water and
sanitary sewer systems.
(L) Useful life. The estimated period during which a
treatment works will be operated.
(M) User charge. That portion of the total wastewater
service charge which is levied in a proportional
and adequate manner for the cost of operation,
maintenance and replacement of the wastewater
treatment works.
(N) Water meter. A water volume measuring and
recording device, furnished and installed by the
water department of the city. In some bulk water
cases, primarily for construction uses where a
standard water meter cannot be used due to
large volume or water velocity requirements, the
water shall be measured using a pitot gauge and
a timer.
(Code 1965, §21-26.1; Ord. No. 1160,9-9-70; Ord. No. 2913,
4-19-83; Ord. No. 2972, 1-17-84; Ord. No. 3197, 7-1-86; Ord.
No. 3491, 7-17-90; Ord. No. 3637, §3,8-18-92; Ord. No. 4059,
§3,10-7-97; Code 1991, §51.138; Ord. 5124, 4-1-08)
51.139 Reviews of Water and Sewer
Rates, Notification to User
(A) Periodic review by city; revision of rates. The city
shall review the charges periodically and revise
the rates as necessary to ensure that adequate
revenues are generated to pay the cost of
operation, maintenance, and replacement, and
that the system continues to provide for the
proportional distribution of operation,
maintenance, and replacement costs among
users and user classes.
(B) Notification of user. The city shall notify each
user at least annually, in conjunction with a
regular bill, of the rates being charged for
operation, maintenance and replacement of the
wastewater treatment works.
(Code 1965, §21-27; Ord. No. 1103, 2-20-56; Code 1991,
§51.139; Ord. 5125, 4-1-08)
State law reference(s)--Cities of the first class - Sale or
purchases of water to other municipalities, A.C.A. §14-234-
108; Cities of the first class - Sale of water to certain persons;
A.C.A. §14-234-109; Waterworks operated in governmental
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
capacity - Services to nonresident consumers, A.C.A. §14-234- charge of utility billing. This official shall
110; Service to adjacent areas -Municipalities generally, A.C.A. be authorized to order that the
§14-234-111. customers service not be discontinued
and shall have the authority to make a
51.140 Water Billing Procedure final determination of the customer's
complaint.
(A) Water service bills. All bills for water services shall
be rendered in the net amount due. Water bills are
(2) Requests for delays or waiver of payment will
due and payable on or before the 20th day following
not be entertained; only questions of proper
the billing date stated on the water bill. Water bills
and correct billing will be considered. In the
not paid on or before the due date shall be
absence of payment of the bill rendered or
considered delinquent and an additional charge of
resort to the hearing procedure provided
10% of the total bill shall be paid; provided said
herein, service will be discontinued at the time
penalty may be waived for elderly or handicapped
specified.
utility customers pursuant to a penalty waiver
program approved by the City Council.
(3) Before service may be re-established
following disconnection or forfeiture of a
(B) Termination of service. The city shall disconnect
service deposit, the consumer must pay any
utility service in accordance with the following
bill due the city for water service not liquidated
policies:
by the forfeited deposit. Said consumer must
also make a new service deposit in
(1) When it becomes necessary for the city to
accordance with §51.135(l) and pay an
discontinue utility service to a customer for
additional service charge of $35.00.
nonpayment of bills, service will be reinstated
only after all bills for service then due have
(4) Definition of customer'
been paid and deposit required has been
made. It is the policy of the city to terminate
(a) For purposes of this section a 'customer'
service to customers for reason of nonpayment
shall mean a person or the spouse of the
of bills only after they have been given notice
person in whose name water service
and a meaningful opportunity to be heard on
from the City of Fayetteville has been
disputed bills. The city's form for application
obtained. A 'customer shall also mean
for utility service and all bills shall contain, in
the trustee or any beneficiary of a trust
addition to the title, address, room number, and
which is the owner of any property which
telephone number of the official in charge of
has received water service from the City
billing, clearly visible and easily readable
of Fayetteville. Furthermore, a person
provisions to the effect:
who is a member of a Limited Liability
Company, partnership, or similar entity
(a) That all bills are due and payable on or
which received water service in the
before the date set forth on the bill; and
entity's name or a principal shareholder
or director of a corporation which has
(b) That if any bill is not paid by or before that
received water service shall be
date, notice will be mailed advising the
considered a 'customer'.
customer that if the bill is not paid within
28 days following the billing date stated on
(b) Unless the mayor determines it would be
the water bill service will be disconnected,
unfair and create an undue hardship on
and the customers deposit will be forfeited
any such customer or other person, the
in an amount sufficient to cover the gross
failure of such customer to fully pay the
amount of his due bill. The forfeiture of the
customer's city utility bill for any city utility
deposit shall take place if the customer
account shall justify the discontinuance
has not paid the delinquent bill plus all
of utility service to all of the customer's
applicable service charges within seven
properties and accounts. The mayor
days after disconnection; and
may exempt from discontinuance of
service a particular customer's utility
(c) That any customer disputing the
account to prevent unfairness and undue
correctness of his bill shall have a right to
hardship.
a hearing at which time he may be
represented in person and by counsel or
(5) If the water meter has not been shut off, there
any other person of his choosing and may
shall be a service charge of $5.00 for
present orally or in writing his complaint
collection of a water bill made in the field by a
and contentions to the city official in
service person.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
(Code 1991, §51.141)
(C) Billing adjustments. All water consumers will be
required to pay the full amount of the bill calculated
by the city, except in those instances where the
water meter concerned, or other water plant
property, has been shown to be defective and has
resulted in an excessive charge to the customers
account.
(1) Where the consumer has not been negligent
by his failure to repair known leaks or causes
of excess water consumption, an adjustment
may be made to the consumer's bill if in the
opinion of the water and wastewater director,
or his official representative, an adjustment is
justified.
(2) In no event shall a billing adjustment exceed
50% of the difference between the average of
the customer's prior billings and the amount of
the disputed billing.
(3) In no event will a billing adjustment amounting
to less than $1.00 be made.
(4) If the problem with the bill is due to leakage or
some problem other than a misread or a
malfunction of city equipment, the consumer
shall pay a service charge of $5.00.
(5) Permanent house numbers, visible from the
street, if possible shall be prominently
displayed before a meter check or service call
is made.
(Code 1965, §21-28--21-28.2: Ord. No. 1165, 4-18-58; Ord.
No. 1731, 2-2-70; Ord. No. 2144, 9-25-75; Ord. No. 2330, 5-3-
77; Ord. No. 2675,11-4-80; Ord. No, 3193, 6-18-86; Ord, No.
3436, 7-5-89; Ord. No. 4223, 2-15-00; Code 1991,
§51.140;Ord. 5219, 2-3-09)
51.141 Sewer Billing Procedure
(A) Bills for sewer service shall be rendered monthly.
Sewer bills are due and payable on or before the
20'^ day following the billing date stated on the
sewer bills. Sewer bills not paid on or before the
due date shall be considered delinquent and an
additional charge of 10% of the total bill shall be
added, and if any bill not paid within 30 days after
the bill shall be due, suit may be brought to collect
the amount due, together with the expenses of
collection and a reasonable attorney's fee.
(B) In the case of the sewer customers outside the city
limits, if the monthly service charges are not paid
within the prescribed time, sewer service to the
customer will be discontinued in the same manner
and subject to the same provisions as prescribed
for discontinuance of service under §51.140(B).
51.142 Reduction Of Rates
The city hereby covenants and agrees that the rates
established by this article shall never be reduced while
any waterworks and sewer revenue bonds issued
pursuant to Ordinance No. 1166, passed and approved
April 18, 1958, are outstanding, unless there is
obtained from an independent certified public
accountant a certificate that the net revenues of the
system for each of the two preceding fiscal years (net
revenues being defined as gross revenues less the
reasonable expenses of operation and maintenance of
the system, including all expense items properly
attributable to operation and maintenance under
generally accepted accounting practices applicable to
municipal waterworks and sewer systems) were equal
to the amount required to be set aside for a
depreciation fund by Ordinance No. 1166, plus at least
150% of the maximum amount that will become due in
any year for principal, interest, and service charges on
all waterworks and sewer revenue bonds then
outstanding, together with a written opinion from such
independent certified public accountant that the
proposed new rate will produce sufficient net revenue,
as above defined, to make the required deposit into
such depreciation fund and to leave a balance equal to
at least 150% of the maximum amount that will become
due in any year for principal, interest and service
charges on all waterworks and sewer revenue bonds
then outstanding.
(Code 1965, §21-30; Ord. No. 1165, 4-18-58; Code 1991,
§51.142)
51.143 Turning -On Of Water; Fees
(A) All consumer requests for same day turn on
service shall pay a $15.00 turn on fee in advance.
(B) Before water service shall be turned on,
permanent house numbers visible from the street,
if possible, must be prominently displayed on the
property. In the event water service cannot be
turned on because the house numbers have not
been prominently displayed or are inaccurate, the
customer shall pay a $15.00 service charge for
each trip to the property made by a service person
for the purpose of turning on the water; provided
there shall be no charge for the first two trips. For
existing water services which do not have
permanent house numbers prominently displayed
on the property, the consumer shall be given
written notice by certified mail that if his permanent
house numbers are not prominently displayed
within seven days from the date of the notice,
water service shall be disconnected and shall not
be reconnected until a $15.00 service charge is
paid.
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
(C) In the event water service cannot be left on
because of water running on the customers side of
the meter, a notice shall be left on the property
stating that the water was left off because of the
running water. In the event the service person is
required to make more than one additional trip to
turn on the water, or if the trip is made after normal
working hours as defined in §51.140(B)(2) there
shall be an additional service charge of $10.00 per
trip.
(Code 1965, §§21-31--21-33; Ord. No. 2144, 9-2-75; Ord, No.
2675,11-4-80; Code 1991, §51.143)
51.144 Filling Water Tanks On
Commercial Trucks; Rates
(A) Water rates for consumers that purchase water for
the purpose of filling water tanks on commercial
trucks shall be as follows:
Table I
Water Rates for Commercial Water Trucks
Volume
Rate
First 1,000
A minimum of $9.00
gallons
($5.00 labor plus $4.00
water/tax).
Greater than
$4.00 per 1,000 gallons
1,000 gallons
(B) Rates are charged on a per -trip basis. The initial
labor charge shall be paid upon each arrival at the
fill site.
(Ord. No. 3478, 4-3-90; Ord. No. 3491, 7-17-90; Ord. No. 4059,
§4,10-7-97; Code 1991, §51.144; Ord. 5126, 4-1-08)
51.145 Address Number Requirements
(A) Definitions. For the purpose of this section, the
following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(1) Permanent numbers. Address numbers that
are raised numbers, made of metal, wood, or
plastic and are nailed or screwed into the
building. These numbers are those assigned
to the building by the city.
(2) Stick -on numbers. Address numbers that have
an adhesive backing that are designed, or
were originally designed, to stick onto the
building.
(3) Temporary numbers. Address numbers that
are raised numbers, made of metal, wood, or
plastic and are nailed or screwed onto a board,
and staked into the ground and rise from three
to four feet above the ground. Temporary
numbers may also be painted onto a board
and staked into the ground.
(B) Permanent address numbers required.
(1) Permanent numbers must be nailed or
screwed into the building and must be clearly
visible from the street.
(2) All numbers shall be installed at the expense
of the owner and shall be maintained at the
owner's expense.
(3) No "stick -on" numbers shall be accepted.
(4) All numbers must be made of metal, plastic,
or wood.
(5) All numbers must be at least 3: inches in
height.
(6) All numbers must be contrasting in color to
the building.
(7) Numbers must be displayed on the front of the
building, or on the side that faces the street
and easily visible from the street.
(8) Commercial establishments must have
permanent numbers nailed or screwed into
the building. Commercial establishments with
glass fronts may have painted numbers on
the glass, but only if there is nowhere possible
to nail or screw permanent numbers into the
building.
(9) Commercial establishments that have
individual suites must have permanent
numbers on the building (building number)
and also permanent numbers on each suite
(suite number).
(10) Mobile homes must have permanent address
numbers nailed or screwed into the trailer.
The numbers must be affixed to the side or
end of the trailer that faces the street.
(11)Mobile home parks must have the park
address number displayed at the entrance to
the park (may have permanent numbers or
painted numbers affixed to park entrance
sign), and must also have permanent,
individual space numbers affixed to each
mobile home.
(12) Apartment buildings must have the building
number permanently affixed to each building,
and must also have individual apartment
numbers permanently affixed to each
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
apartment.
(13) Buildings not visible from the street must have
permanent numbers nailed or screwed into a
board and posted at the entrance of the
driveway (either on a post or on a tree);
numbers must raise from three to four feet
above the ground, and be clearly visible from
the street. If two or more buildings are on the
same drive, permanent numbers must also be
nailed or screwed into each individual building,
as well as both numbers posted at the entrance
of the driveway.
(14)Construction sites, where the building is not
complete enough to affix permanent address
numbers, must display temporary numbers at
the construction site where they are clearly
visible from the street.
(15) Locations where there is a water meter for
purposes of irrigating, watering stock, chicken
houses, and the like where there is no building
to affix numbers, must be permanently nailed
or screwed onto a board and posted at the
entrance of the driveway; numbers must rise
from three to four feet above the ground, and
be clearly visible from the street. If there is no
driveway to the property, the board must be
posted near the water meter box.
Any variations from this policy must have the
prior written consent of the water and sewer services
superintendent.
(C) Service requests.
(1) Permanent numbers must be displayed before
any service calls will be made by the city.
(2) Permanent numbers must be displayed before
a meter check or billing adjustment is made by
the Water and Sewer Division.
(3) Permanent numbers must be displayed before
water service is turned on at the address.
(4) In the event a service call is made and the
address number is not displayed in the above
manner, the property owner shall be assessed
a fee of $15.00 for each trip to the property
made by a service person provided there shall
be no charge for the first two trips. There shall
be a $25.00 fee assessed for any service calls
made after normal working hours (weekdays
between 4:00 p.m. and 8:00 a.m., on holidays,
or on weekends).
the consumer shall be given written notice by
certified mail that if his permanent numbers
are not prominently displayed within 21 days
from the date of the notice, water service shall
be disconnected and shall not be reconnected
until permanent numbers have been properly
displayed and a $15.00 service charge is
paid.
(Ord. No. 3569,10-1-91: Code 1991, §51.145)
51.146 Backflow Prevention
(A) Purpose. The purpose of this section is as follows:
(1) To protect the public water supply of the city
from the possibility of contamination or
pollution from backflow into the public water
system.
(2) To promote the elimination or control of cross
connections, actual or potential, between the
customer's potable water system(s) and
nonpotable water systems, plumbing fixtures,
and industrial piping systems.
(3) To contain at the service connection any
actual or potential pollution or contamination
within the customers premises.
(4) To provide a continuous, systematic, and
effective program of cross -connection control.
(B) Definitions. For the purpose of this section, the
following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(1) Backflow shall mean a hydraulic condition,
caused by a difference in pressures, in which
non -potable water or other fluids flow into a
potable water system.
(2) Backflow preventer shall mean a testable
assembly to prevent backflow.
(3) Cross connection means any actual or
potential connection between the public water
system and a source of contamination or
pollution.
(4) Double-check valve assembly (DC) means a
complete assembly meeting AA Standard
C510 and the requirements of the Arkansas
State Plumbing Code consisting of two
internally loaded, independently operating
check valves between two tightly closing
resilient -seated shutoff valves, with four
properly placed resilient seated test cocks.
(5) For existing water services which do not have
permanent numbers prominently displayed, (5) Reduced -pressure principle backflow
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
prevention assembly (RP) means a complete
assembly meeting AA Standard C511 and
the requirements of the Arkansas State
Plumbing Code consisting of a hydraulically
operating, mechanically independent
differential relief valve located between two
independently operating, internally loaded
check valves that are located between two
tightly closing resilient seated shutoff valves
with four properly placed resilient -seated test
cocks.
(6) Air gap (AG) means a physical separation
between two piping systems.
(C) Handbook of Policies and Procedures. There is
hereby adopted by the City Council, by reference
thereto, the provisions set forth in the City of
Fayetteville Cross -Connection Control Program:
Handbook of Policies and Procedures, as may from
time to time hereafter be amended.
(D) Applicability.
(1) The requirements and standards set forth
herein shall apply to industrial and commercial
establishments.
approved backflow prevention assembly
(BFP), or an air gap, at each public water
service connection to the premises.
(3) Type of BFP.
(a) The type of BFP required shall depend
on the degree of hazard involved.
(b) Any backflow prevention assembly
required herein shall be an approved
type which is in compliance with
requirements of the City of Fayetteville's
Cross -Connection Control Program:
Handbook of Policies and Procedures.
(4) Degree of hazard. The degree of hazard shall
be as determined as set forth in AWWA M-14
manual or as described below:
(a) In the case of any premises where there
is an auxiliary water supply connected to
the plumbing system, the public water
system shall be protected from the
possibility of backflow by a reduced -
pressure principle backflow prevention
assembly (RP) at the service connection.
(2) Single-family, residential dwelling units, unless
(b) In the case of any premises where
involved in commercial operations, are exempt
substances are handled and/or used that
from the requirements of this section except
are objectionable, but not hazardous to
where they fall under the purview of the
human health, and the likelihood exists of
Arkansas State Plumbing Code and/or the City
it being introduced into the public water
of Fayetteville's Cross -Connection Control
system by virtue of a backflow
Program: Handbook of Policies and
occurrence, the public water system shall
Procedures,
be protected by an air gap or approved
double check valve assembly (DC).
(3) These standards are supplemental to and do
not supersede or modify the Arkansas State
(c) In the case of any premises where there
Plumbing Code (ASPC) and its latest revisions
is any material hazardous to human
under which the city operates.
health, which is handled and/or used in
such a fashion as to create an actual or
(E) Administration. The Water and Sewer Division of
potential threat to the public water
the city shall be responsible for administration of
system by virtue of a backflow
this section and evaluating the hazards inherent in
occurrence, the public water system shall
supplying a customer's water system.
be protected by an air gap or an
approved reduced - pressure principle
(F) Backflow prevention.
backflow prevention assembly (RP).
(1) Evaluation of hazards. The Water and Sewer
Division shall determine whether solid, liquid,
or gaseous pollutants or contaminants are, or
may be, handled and/or used on the
customer's premises in such a manner as to
possibly contaminate the public water system.
(2) Customer installation of BFP. When a hazard
or potential hazard to the public water system
is found on the customer's premises, the
customer shall be required to install an
(d) In the case of any premises where there
are unprotected cross -connections,
either actual or potential, the public water
system shall be protected by an
approved reduced -pressure principle
backflow prevention assembly (RP) or an
air gap at the service connection.
(e) In the case of any premises where,
because of security requirements or
other prohibitions or restrictions, it is
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
impossible or impractical to make a
(I) Ownership. Backflow prevention assemblies
complete cross -connection survey, the
required by this section will be installed
public water system shall be protected by
downstream of the water meter and are owned by,
the installation of an approved reduced-
and are the responsibility of the customer of the
pressure principle backflow prevention
water utility.
assembly (RP) or an air gap at the service
connection.
(J) Installation and costs. Customers of the city water
utility requiring backflow prevention assemblies
(G) Noncompliance/emergencies,
shall pay all costs associated with installation of
the appropriate size and type of backflow
(1) Violation/notice. Upon discovery of any
preventer under private contract. Backflow
protective device required by this section which
prevention assemblies shall be installed in
has not been installed, or is defective, or has
accordance with the requirements of the city's
been removed, or altered, or relocated, or
Cross -Connection Control Program: Handbook of
bypassed, (except emergency situations),
Policies and Procedures. The Water and Sewer
written notice shall be given to the customer.
Division shall review and approve all plans for
Such notice shall set forth the violation, the
placement of backflow preventers prior to
remedy required, and the time frame in which
installation. Backflow prevention assemblies not
the violation shall be remedied.
installed in accordance with the requirements of
the city's Cross -Connection Control Program:
(2) Water service discontinued.
Handbook of Policies and Procedures shall be
corrected at the customers expense.
(a) If violations are not corrected by the date
and time as stated on the notice, the water
(K) Testing and maintenance. The customer or the
supply will be discontinued by the Water
contractor responsible for the installation of the
and Sewer Division.
backflow prevention assembly will notify the Water
and Sewer Division immediately after installation
(b) Discontinued water service shall not be
of the assembly so that it can be tested and
resumed until conditions at the customer's
inspected. The Water and Sewer Division will
premises have been abated or corrected
inspect and test the backflow prevention assembly
to the satisfaction of the Water and Sewer
within ten days of the installation date and
Division.
annually thereafter. In instances where the Water
and Sewer Division, the City of Fayetteville, and/or
(3) No water service connection. No water service
the plumbing inspector deems the hazard to be
connection shall be installed on the premises
great enough, testing may be required at more
of any customer unless the public potable
frequent intervals. All costs of testing shall be paid
water system is protected as required by this
by the customer. Any repairs required as a result
section.
of inspections or testing shall be arranged for and
paid by the customer through private contract with
(4) Emergency. In emergency situations when the
a certified assembly repair technician. Records of
public potable water supply is being
inspections, testing, and/or repairs to backflow
contaminated or is in immediate danger of
preventers shall be kept by the Water and Sewer
contamination, the water service shall be
Division and/or the city and made available to the
discontinued by the water and sewer division
state health department upon request.
immediately without notice.
(L) New construction. All new construction within the
(H) Right of entry. For the purpose of making any
city be effected upon the passage of this section.
inspections or discharging the duties imposed by
All existing customer premises shall be in
this section, the Water and Sewer Division of the
compliance with this section in accordance with
city, the state health department, and/or plumbing
the notification by the water utility.
inspector shall have the right to enter upon the
premises of any customer. Each customer, as a
(M) Thermal expansion. It is the responsibility of the
condition of the continued delivery to his premises
customer to eliminate possible hazards caused by
of water from the public water supply, shall be
thermal expansion if a closed system has been
considered as having stated his consent to the
created by the installation of a backflow assembly.
entry upon his premises by the Water and Sewer
Division of the city, the state health department,
(Ord. No.4140, §1, 2-2-99; Code 1991, §51.146)
and/or plumbing inspector for the purpose stated
herein.
51.147-51.998 Reserved
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
51.999 Penalty
(A) The use or withdrawal of water by any person when
prohibited underthe terms of §51.001 is declared to
be a misdemeanor punishable by a fine of not more
than $25.00; however, if the violation of said
sections is continuous in respect to time, the
penalty for the continuation thereof shall not exceed
$15.00 for each day that the same is continued.
(B) It is hereby declared to be a misdemeanor for any
person to fail, neglect, or refuse to connect to a city
sewer line within the time prescribed by §51.110.
Said misdemeanor shall be punishable by a fine in
the amount of $25.00 for the first offense, and shall
be punishable by a fine of $15.00 for each day that
such violation continues.
(C) Any user who is found to have violated an order of
the City Council under this chapter (except as set
forth in (A) or (B) above), or who violates or
knowingly fails to comply with any provision of this
chapter or the orders, rules, regulations, and/or
permits issued hereunder, shall, upon conviction,
be fined as set forth in §10.99 for such offense.
Each day on which a violation shall occur or
continue shall be deemed a separate or distinct
offense. In addition to the penalties provided
herein, the city may recover the expenses of
litigation by appropriate suit at law against the
person found to have violated this chapter or the
orders, rules, regulations, and permits issued
hereunder.
(D) Any person who knowingly makes any false
statements, representation, or certification in any
application, record, report, plan, or other document
filed or required to be maintained pursuant to this
chapter, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or
method required under this chapter, shall, upon
conviction, be punished by a fine as set forth in
§10.99.
(Code 1965, §§21-1.9, 21-5.1(c), 21-144; Ord. No. 1742, 6-1-
70; Ord. No, 1757, 8-17-70; Ord, No. 2095, 4-1-75; Ord, No,
3250, 3-17-87; Code 1991, §51.999)
State law referonco(s)ePowers of authority generally,
A.C.A. §14-143-109.
Exhibit B
(E) Extra Strength Surcharge.
(1) For all significant industrial users as defined
in §51.074, whose wastewater discharge is
greater than 300 mg/I of BOD5 and/or TSS,
the City shall levy an Extra Strength
Surcharge for each parameter in accordance
with the following unit charges:
Table F3 Extra Strength Surcharges
•
After 12/1/2011
Extra Strength
• BODs
$0.3145 per pound
Extra Strength TSS
$0.2209 per pound
deemed necessary by the city. Where it can
be shown that a portion of the water
measured by the aforesaid meter or meters
does not enter the sanitary sewer system of
the city, a separate meter or meters or other
approved flow measuring device may be
installed at the user's expense, upon its
request, to measure only that portion of the
total flow being discharged into the city sewer
system. If a surcharge is assessed by the
city, it shall be shown separately on the
monthly billing.
(7) Computation of extra strength surcharges
shall be based on the following formula:
(a) Extra strength surcharge:
2
( )
Starting after December 31, 2011, Extra
S =
DUnit
V x 8. (BOO x (BO0 )+
Charge - 300) + SS Unit
Strength Surcharges shall be increased by
Charge (TSS - 300)]
3% per year.
(b) Where:
(3)
Extra Strength Surcharges shall be billed
monthly and shall be computed on the basis
S =
Surcharge in dollars
of water meter reading (wastewater discharge
volume).
V =
Sewer volume in million
gallons
(4)
All sampling and analyses of the wastewater
_
8.34 -
Pounds per gallon of water
characteristics shall be performed in
accordance with U.S. Environmental
BOO Unit =
Unit charge for BOO in
Protection Agency 40 Code of Federal
Charge
dollars per pound
Regulations Part 136 approved methods.
BOO =
BOO strength in parts per
(5)
The volume of flow used in computing
million
surcharge shall be based upon metered water
consumption as shown in the records of meter
300 =
Allowed BOO strength in parts
readings maintained by the city's business
permillion
off ce. In the event that a user discharging
TSS Unit =
Unit charge for suspended
waste into the city sanitary sewer system
Charge
solids in dollars per pound
produces evidence to the city demonstrating
that a portion of the total amount of water
TSS =
Suspended solids strength in
used for all purposes is not discharged into
parts per million
the sanitary sewer, a separate meter or
meters or other approved flow measuring
300 =
Allowed TSS Strength in parts
device may be installed at the user's expense,
per million
upon its request, to measure only that portion
of the total flow being discharged into the city
sewer system. If a surcharge is assessed by
the city, it shall be shown separately on the
monthly billing.
(6) Any person discharging industrial waste into
the sanitary sewers of the city who procures
any part or all of the user's water supply from
sources other than the city, all or part of which
is discharged into the sanitary sewer, shall
install and maintain at the user's expense
water meters of the type approved by the city
for the purpose of determining the proper
volume of flow to be used in computing sewer
service charges. Such meter will be read
monthly and tested for accuracy when
NORTHWEST ARKANSAS MAR 0 3 RECEIVED
Ate//- P ��:�3 0 3 2®15
Demomt 05azet'V_____
CI C,CL K
P.O. BOX 1607, FAYETTEVILLE, AR. 72702 • 479-442-1700 - FAX: 479-695-1118 - WWW.NWADG.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5739
Was inserted in the Northwest Arkansas Democrat
Gazette on:
February 26, 2015
Publication Charges: $ 181.58
Q4t{/%S QuQ
Ka en aler
Subscribed and sworn to before me
This 3 day of Xj,, ..' 1l, 2015.
W
Notary Public
My Commission Expires: zfzf
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024