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1133 000032 ORDINANCE NO. 1133 (#5 - 2000) AN ORDINANCE REGULATING USE AND OPERATION OF THE JACKSONVILLE WASTEWATER UTILITY TO BE SPECIFICALLY CODIFIED AS JACKSONVILLE MUNICIPAL CODE ~ 13.24; REPEALING ORDINANCE NOS. 604, 620, 684,877,932 AND ANY AMENDMENTS THEREOF; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: Jacksonville Municipal Code 9 13.24 shall be amended and modified to include the following additions, deletions, and changes: PREAMBLE This section of the Jacksonville Municipal Code sets forth uniform requirements for direct and indirect contributors into the Publicly Owned Treatlllent Works (POTW) for the City of Jacksonville, Arkansas. These regulations enable the Jacksonville Wastewater Utility, hereafter known as Utility, to comply with all applicable Federal and State laws required by the Clean Water Act of 1977 (as amended) and the General Pretreatment Regulations (40 CFR part 403) (as amended). The objectives of this section are: To prevent the introduction of pollutants into the Publicly Owned Treatment Works which will interfere with its operation, contaminate the resulting biosolids, or interfere with the use and disposal of wastewater or biosolids in compliance with applicable statutes and regulations; To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, and flow into the receiving waters, the atmosphere or otherwise be incompatible with the Publicly Owned Treatment Works and/or ecological system; To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and biosolids in the course of their employment and the general public; To prevent the introduction of pollutants into the stOllll drainage system either thro~gh direct discharge or in that direct discharge such as a sanitary sewer overflow; To establish unifol111 standards for the use of public sewers; To enable the Utility 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 UtilIty is subj ect; and, To promote and encourage pollution prevention and waste minimization and waste reduction through Pollution Prevention and Best Management Practices by the promotion of re-use and recycling of wastewater and biosolids from the Publicly Owned Treatment Works. This Code shall apply to business(es), citizen(s), and industry(ies) within the City of Jacksonville, and to those entities and/or persons outside the city of Jacksonville who are, by contract or a~eement with the Jacksonville Sewer Commission, users of the Jacksonville Wastewater UtIlity system. Except as otherwise provided herein, the Manager of the Jacksonville Wastewater Utility shall be responsible to administer, implement, and enforce the terms of this Ordinance and/or the policies of the Jacksonville Sewer Commission, either individually or through an authorized agent(s). 13.24.01 a. b. c. d. e. f. g. Administration Except as otherwise provided herein, the Manager shall administer, implement, and enforce the provisions of this Code. Any powers granted to or duties imposed upon the Manager may be delegated by the Manager to Utility personnel and/or an authorized agent(s). 13.24.02 Abbreviations The ~ollowing abbreviations, when used in this ordinance, shall have the designated meanIngs: BOD BTEX CFR COD Biochemical Oxygen Demand Benzene, Toluene, Ethylbenzene, Xylene Code of Federal Regulations Chemical Oxygen Demand OO()():l3 EPA bvd mg/L NPDES O&G POTW TSS 13.24.03 u.s. Environmental Protection Agency gallons per day milligrams per liter National Pollutant Discharge Elimination System Oil and Grease Publicly Owned Treatment Works Total Suspended Solids Definitions Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Ordinance, shall have the following meanings: (1) Act or "the Act". the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C.I251, et. seq. (2) Approval Authority. The Administrator of the State of Arkansas Department of Environmental Quality and/or the Administrator of the United States Environmental Protection Agency in EP A Region VI. 3) Authorized Representative of Industrial User. An authorized representative of an Industrial User may be: (a) A principal executive officer the level of vice-president or above if the industrial User is a corporation. (b) A general partner or proprIetor if the industrial User is a partnership or proprietorship. Any duly authorized representatIve of the indIvidual designated above if such representative is responsible for the overall oryeration of the facility or administers the facility's environmenta~ programs. The desit;11ation of a facility representatIve that does not meet the requirements of items 1 and 2 above must be submitted in writing to the Utility by the individuals defined in items 1 and 2 above. Batch Discharge. Discharge of wastewater to a POTW on an intell11ittent (4) basis. (5) BOD (denoting Biochemical Oxygen Demand). The quantity of oxygen utilized In the biochemical oxioation of organic matter under standard laooratory procedure, five (5) days at Twenty Degrees Centigrade (200C) expressed in milligrams per liter (mg/L). (6) Building Drain. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil water and other drainage pIpes inside the walls of the building and conveys it to the building sewer beginning five (5) feet outside the inner face of the bUIlding wall. (7) Building Sewer. A sewer conveying wastewater from the premises of a User to the sanItary sewer owned by the City (from the building to the point of connection to the sewer main and/or manhole). (8) Categorical Standards. National Categorical Pretreatment Standards established by EP A regulating the discharges to the sanitary sewer from specific industrial processes. ~9) City. The City of Jacksonville, Arkansas. 10 Commission. The Jacksonville Sewer Commission. 11 ~ Composite Sample. A series of individual grab samples collected over a known penod of time or proportional to flow and combined to make one sample. (12) Control Authority. The City of Jacksonville Wastewater Utility. (13) Cooling Water. Any waters which are used for the purpose of cooling in which the only pollutant added is heat. (14) Direct Discharge. Discharge of treated or untreated wastewater directly into the waters of the State of Arkansas. (15) EPA. The Environmental Protection Agency. (16) Existing Source. Any source of discharge, the construction or operation of commenced prior to the publication by EP A of proposed categorical pretreatment standards, which will oe applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. (17) Garbage. Solid waste created from the domestic and commercial preparation, cooking, and di~pensIng of food and from the handling, storage, and sale of produce. (18) Grab Sample. A sample taken from a waste stream on a one-tIme basis with no regard to the flow in the waste stream and (without consideration of time) over a period of time not to exceed 15 minutes. (19) Holding Tank Waste. Any waste from holding tanks such as, but not limited to, chemical toilets, campers, trailers, septic tanks, and vacuum-pump trucks. (20) Indirect Discharge. The aischarge of the introduction of pollutants into the sanitary sewer system including holding tank waste discharges into the sanitary sewer or at the wastewater treatment plant. (21) Industrial User. Any User of the sanitary sewer system except for residential units which discharges or has the potential to discharge toxic or conventional pollutants in amounts that could exceed the limitations set forth in this Code. (22) Interference. The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the City's NPDES 2 -000034 Pellllit. The tellll includes rendering the POTW's wastewater sludge unfit for disposal or under the criteria specified in the City's NPDES Pellllit or Solid Waste Disposal Permit. (23) Manager. The Manager of the Jacksonville Wastewater Utility of the City of Jacksonville, Arkansas, or his/her authorized deputy, agent, or representative. (24) Natural Outlet. Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water. (25) 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 Section 307 (c) of the act which will be applicable to such source if such standards are there after promulgated in accordance with that: (a) The building, structure, facility or installation is constructed at a site at which no other source is located; (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 process 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 sucli as the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (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 Section (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 on-site construction program (i) any placement, assembly, or installation of facilities or equipment; (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 Dinning 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. (26) Non-contact Cooling Water. Water used for cooling which does not come into direct contact WIth any raw material, intermediate product, waste produc, or finished product. (27) NPDES Permit. A National Pollutant Discharge Eliminations System permit as administered by EP A or State of Arkansas. (28) "0 and G" or Oil and grease. A group of substances with similar physical characteristics are detellllined quantitatively on the basis of their common solubilIty in an organic extracting solvent. These substances including fats, waxes, free fattyacids, calcium ana magnesium soaps, mineral oils, and certain other non-fatty materials. It includes other materals recovered by the solvent from an acidified sample (such as sulfur compounds, certain organic dyes, and chorJphyll) and not volatilized during the test. At the discretion of the Manager, the Oil and Grease test may be detellllined by the Partition-Gravimetric Method as outlined in the latest approved listing in 40 Code of Federal Regulations, Part 136, or the Soxhlet Method contained in the latest approved edition of "Standard Methods for the Examination of Water and Wastes". Further, the solvent used may either be Trichlorotrifluoroethane (1,1,2- Trichloro-1 ,2,2-trifluoro-ethane) or a mixture of Eighty percent (80%) n-Hexane and Twenty percent (20%) methl-tert-butyl ether. ~'29) "0 and M". Operations and Maintenance. 30) Pass Through. A discharge which exits the POTW into the waters of the United tates in quantities or concentrations which, alone or in conjunction with discharge or other discharges from other sources, is a cause of a violation of any of the POTW's NPDES permit including an increase in the magnitude or duration of a VIolation. (31) Person. Any individual, fillll, company, association, society, corporation, group, partnership, joint stock company, trust, estate, governmental entity, or any other entity, or their legal representatives or agents. 3 -000035 (32) "pH". A measure of the hydrogen-ion concentration in a solution, expressed as the logarithm {base ten) of the reciprocal of the hydrogen-ion concentration in gram moles ~er liter {g/mole/L). On the pH scale (0 to 14), a value of Seven (7) at Twenty-five Degrees Celsius (250 C) or Seventy-seven Degrees Parenheit (770p) represents a neutral condItion. Decreasing values indicate increasing hydrogen-ion concentration (acidity); increasing values indIcate decreasing hydrogen-ion concentration (alkalinity). (33) Pollutant. Dredgea spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological matenals, radioactive materials, heat, wrecked, or discarded equipment, rock, sand, cellar dirt, municipal, aplicultural, and industrial wastes, and certain characteristics of waste water (e.g., TSS, turbidIty, color, BOD, COD, cyanide, oil & grease (O&G), heavy metals, toxicity, or odor). (34) POTW. (Publicly Owned Treatment Works). Any sewage treatment works and the sewers and conv~~ance appurtenance discharging thereto, owned and operated by Jacksonville Wastewater Utility. (35) Pretreatment or Treatment. The reduction of the amount of pollutants, the eliminatIon of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less hallllful state prior to or in lieu of discharging or otherwIse introducing such pollutants into a POTW. (36) Pretreatment Program. The Utility's EPA and/or Arkansas D~partment of Environmental Quality approved pro~am to administer the requirements of 40 C~FJ{ 403, the General Pretreatment Regulations, and associated National Categorical Standards as adopted into Section 4 of Regulation No.6: Regulations for State Administration of the National Pollutant Discharge Elimination System. (37) Pretreatment Requirement. Any substance or procedural requirement related to Pretreatment, other than a National Pretreatment Standard, imposed on the Industrial User. (38) Pretreatlllent Standard or Standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards and local limits. (39) Pul51icly Owned Treatment Works or POTW. A "treatment works," as defined by Section 212 of the ACT (33U.S.C. 91292) which is owned by the City of Jacksonville. 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. (40) Public Sewer. A sewer in which all owners of the abutting properties have equal rights and is controlled by a public authority. (41) Sanitary Sewer. A system of pipes and conduits in which sewage is carried and which storm, surface and ground waters are not intentionallx admitted. (42) Sewer System. Jacksonville Wastewater UtIlity as operated by the Jacksonville Sewer Commission of the City of Jacksonville, Arkansas. (43) Shall is mandatory; Mav is pel111issive. (44) Significant Industrial Users. (1) Any User subject to categorical pretreatment standards; or, (2) A User that: (a) Discharges an average of twenty-five thousand (25,000) gallons or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and blow-down wastewater) ; (b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or, ( c ) Is aesignated as such b~ the Manager on tlie basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (45) Slug/Slug Load. Tlie discharge of water, sewage, or industrial waste which in concentration of any given constituent or In quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average 24 hour concentration or flows experienced during normal operation. (46) State. State of Arkansas. (47) Standard Industrial Classification (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1997. (48) Total Suspended Solids. The total suspended matter that floats on the surface or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering. (49) Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic regulations promulgated by the Administrator of the EP A under the provisions of the Clean Water Act, Resource Conservation and Recovery Act, or other Acts. (50) Upset. An exceptional incident In which a discharger unintentionally and temporarily is in a state of non-compliance with the standards set forth in the Ordinance or the forces beyond the reasonable control of the discharger, and excluding non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate 4 000036 treatlllent facilities, lack of preventive maintenance, or careless or improper operation thereof. (51) Utility. The City of Jacksonville Wastewater Utility, including the POTW, personnel, and all authorized representatives. (52) Wastewater. Industrial waste or sewage or any other waste including that which may be combined with any ground water, surface water or stOllll water that may be discharged to the POTW. 13.24.04 Use of Public Sewers Required (1) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Jacksonville, Arkansas, or at any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste. (2) It shall be unlawful to discharge to any natural outlet, within the jurisdiction of said City, any sewage or other polluted waters except where suitable treatment has been provided in accordance with the provisions of this Code, the laws of the State of Arkansas, and federal regulations (Le., EP A). (3) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy vault, septic tank, cesspool, or other facility intended to be used for the disposal of sewage. (4) The owner of all houses, buildings, or properties used for employment, recreation and other purposes situated within the City and abutting on any street, alley, or right of way in whicli there is now located or may in the future be located a public sanItary sewer of the Utility is hereby required to install suitable toilet facilities therein and shall obtain a permit to connect such facility directly with the proper public sewer in accordance with provisions of this Code within Thirty (30) days after the date of official notice to do so. Said real property shall be within Three hundred (300) feet of an accessible sewer, and construction of the sewer and its connection thereof to the public sewer shall be made by the owner within Ninety (90) days, unless extenuating circumstances are present and an extension is granted by the Manager. 13.24.05 Private Sewage Disposal (1) Where a public sanitary sewer is not available under the provision of Section 13.24.04, Paragraph 4, the building sewer shall be connected to a private sewage disposal system which meets all requirements of the City of Jacksonville, the State of Arkansas, and the EP A. (2) Before commencement of construction of a private disposal system, the owner shall first obtain written permits from the Health Department, Arkansas Department of Environmental Quality, and/or the Jacksonville Sewer Commission. The applications for such permits shall be made, and the applicant is responsible to supplement saia application with any plans, specifications, and any other information deemed necessary by the agencies issuing said permits. (3) The type, capacities, locations and layout of private sewage disposal systems shall com~Jly with all recommendations of the Arkansas Department of Health and the Arkansas :)epartment of Environmental Quality. (4) When a public sewer becomes available, the building sewer shall be connected to said sewer within the time period designated above in Section 13.24.04, Paragraph 4. The private sewage disposal SYSttll1 shall be cleaned of sludge and filled with clean bank run gravel or dirt. 13.24.06 Building Sewers and Connections (1) No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public or private sewer or appurtenance thereofwithout first obtaining a written pell11it from the Manager. (2) No permanent structure shall be erected or maintained on, over, or upon an public utility easement unless specifically approved by the Jacksonville Sewer Commission. Application must be made to the Utility ana permission, if granted, obtained prior to the construction, erection, or placement of any structure on, over, or upon a public utility easement. (3) There shall be two classes of building sewer pellllits: (a) Residential and commercial service; and, (b) Service to establishments producing industrial waste. In either case, the owner or agent shall make application for service on a special form furnished by the Utility. The pelll1it application shall be supplemented with any plans, specifications or other Infol111atlon consIdered relevant in the juClgment of the Manager. A permit and inspection fee shall be paid to the Utility at the tIme application is filed. Coincident witli the application for a Jelll1it, a connection fee shall be paId to the Utility as well. All fees will be detellllined ana set by the Sewer Commission. 5 000037 (4) All cost and expenses incident to the installation and connection of the building sewer shall be born by owner. The owner shall indemnify the Utility from any loss or damage that may directly be occasioned by the installation of the building sewer. (5) A separate and independent building sewer shall be provIded for every building, except as follows: (a) Where multiple building are constructed in an apartment complex or condominium on a single lot or tract of land which cannot be subsequently subdividea and sold in parcels. The individual buildings may be connected to a collector building sewer provided that on~y one person is responsible for maintenance of the building sewer. (b) Temporary buildings, mobile homes or similar portable structures may be connected to a building sewer and installed to serve a previously constructed permanent building provided that both the permanent and temporary buildings are located on the same lot. (6) Existing building sewers may be used in connection with new buildings only when they are found upon examination and testing by a Utility inspector to meet all requirements of this Code and all other applicable rules and regulations. (7) The size, slope, ali~l1l11ent, and materials of construction of a building sewer and methods to be used in excavatIng, placing of pipe, jointing, testing, and back filling the trench shall all conform to the rules and regulations of the Utility and the building and plumbing Codes or other applicable rules or regulations of the City. In the absence ofCade provisions or in amplificatIon thereof, the materials and procedures set forth and appropriate specification of the ASTM and the WPCF Manual of Practice Number Nine (9) shall apply. (8) Whenever possible the building sewer shall be brought to the buildings at an elevation below the basement floor. In all bUIldings in which any building drain is too low to permit gravity flow to the public sewer, the sewage shall be lifted by an approved means ana discharge directed to the building sewer. (9) No persons shall make connection of roof down spouts, exterior foundation drains, area way drains, or other sources of surface run of or ground water to the sanitary sewer, directly or indirectly. (10) The connection of the building sewer into the public sewer shall conform to the rules and regulations of the Utility. In aDsence of Utility or City rules and regulations, the specifications and procedures of the ASTM and WPCF Manuals of Practice Number Nine (9) shall apply. All such connections shall be water tight and gas tight. Any deviation from the prescribed procedures and materials must be approved by tlie Manager before installation. (11) The applicant for the building sewer permit shall notify the Manager when the building sewer is ready for inspection ana connection to the public sewer. All portions of the building sewer from the foundation to the connection to the public sewer shall be inspected and approved by the Manager or his authorized agent before backfilling. (12) All excavations for bUIlding sewer installations shall be adequately guarded with ball~cades and lights so as tOlrotect the public from any hazard. Street, sidewalks, parkways, and other areas disturbe in the course of the work shall be restored in a manner satisfactory to the City Public Works Department. (13) Owners of land shall be required to maintain their building drains and sewers in their entirely, including the point of connection to the public sewer, in a water tight condition so as to eliminate introduction of surface or ground water to the sewer system. If it is determined by the Manager that a buildi~g drain or sewer has not been maintained in a water tight conditIon, the owner shall be notified by certified mail, return receipt requested, that, at owner's expense, repairs must be made within a reasonable time (not to exceed 90 days) in order to restore the building drain or sewer to a water tight condition. If satisfactory repaIrs are not made by the owner and inspected by duly authorized Jacksonville Wastewater Utility personnel withIn the specified time, the Jacksonville Sewer Commission may request that water service be discontInued to that building or property until satisfactory repairs are made and inspected. The Commission shall furtler liave the authority to make such rules and regulations as may be necessary to carry out the purpose of this Section. 13.24.07 Disconnecting Sewers Before any dwelling or other building served by the public sewer is moved or dtl110lished, the building sewer serving said building shall be disconnected from the sewer at the. Jroperty line and sealed to prevent entrance of storm water and debris into the public sewer. ~~his seal shall be maintained in a watertight condition by the owner. The disconnection and sealing of the building sewer line will require a Pt;1111it from and inspection by the Utility. The owner of the property shall bear all costs associated with this disconnection. 13.24.08 Protection from Damage (1) No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment whicli is part of the POTW. (2) No unauthorized person shall cover any manhole on a public sewer with earth, paving, or otherwise render it inaccessible. 6 000038 (3) No unauthorized person shall remove the earth cover from a public sewer so that less than two feet of cover remains over the pipe bells. Approval to remove subsequent cover requires written consent of the Manager. (4) Any person found violating the above paragraphs of this section shall be subject to arrest and prosecution under applicable crimInal law. 13.24.09 Discharge Prohibitions (1) General Prohibitions. No User shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will cause pass through or interference or in any way contaminates the POTW biosolids, scum or residues to render them unacceptable for economical reuse or reclamation. These general prohibitions apply to all Users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or reqUIrements. (2) Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: (a) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient alone or by interaction with other substances to cause a fire, explosion, or be injurious in any other way to the operation of the POTW. Any wastewater with a closed cup flash point of less than 1400 Fahrenheit or 600 Centigrade or that results in a LEL (lower eXElosion limit) of greater than 20% at any point in the system is prohIbited. In determIning the flashpoint of a waste stream, the test methods specified in 40 CFR 261.21 shall be used. Specific materials limited oy this paragraph include, but are not limited to, the following: gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketone, aldehydes, peroxides, chlorates, percholorate, bromate, carbides, hydrides, sulfides, and any other substances which the City, the State, or EP A has notified User is a fire hazard or a hazard to the system; (b) Solids or viscous substances which may cause obstruction to the flow in a sewer, or other interference with the operation of the POTW such as, but not limited to the following: excessive grease, garbage with particles greater than one-half inch (1/2") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent line, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polisliing wastes; and/or, (c) Any wastewater having a pH of less than 5.0 or greater than 11.0 or any wastewater having any other corrosive or acidic property capable of causing damage or hazard to structures, equipment, or personnel of the POTW. Any discharge which singly or In combination with others results in the pH at the POTW treatment plant being less than 6.0 or greater than 9.0 is prohibited; (d) Any wastewater containIng toxic pollutants in sufficient quantity, singly or by interaction with other pollutants, to injure or Interfere with any wastewater treatment process including sludge disposal, constitutes a hazard to humans or animals, creates a toxic effect in the receiving waters of the POTW, causes a violation of the POTW's NPDES permit. A toxic pollutant shall include, but is not limited to, any pollutant identified pursuant to Section 307(a) of the Act; ( e) Any noxious or malodorous liquids, gases, or solids which singly or by interaction with other waste are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repairs. In determining if a discharge has created an unacceptable hazard for POTW workers, the Manager will use standards established by the Occupational Safety and Health Administration in 29 CFR 1910, Subpart Z, as a guideline for establishing effluent limitations for the materials creating the hazard; (f) Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludge, or scum, to be unsuitable for reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations affecting sludge use of disposal developed pursuant to the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used; (g) Any substance which will cause the POTW to violate its NPDES or State Disposal System Permit or receiving stream water quality standards; 7 000039 (h) Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye waste(s) and vegetable tanning solutions; (i) Any wastewater having a temperature which will inhibit biological actIvity in the POTW treatment plant resulting in Interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds Forty Degrees Celsius (400C) or One Hundred and Four Degrees FarenheIt (1040F); (j) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate or Eollutant concentratIon which User knows or has reason to know wIll cause interference to the POTW. In no case shall a slug load have a flow rate or contain a concentration or quantity of pollutants that exceed for any time period longer than Fifteen (15) minutes more than Five (5) tImes the average Twenty- four (24) hour concentration, quantItIes, or flow durIng normal operation unless prior approval has been received from the Manager and the discharge will not violate the provisions of this Code; (k) Any wastewater containing radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Manager in compliance with applicable State or Federal regulations; (1) Any wastewater containing petroleum oil, nonbiodegradable cutting oils, or products of minera oil origin in amounts that will cause interference with operation of the POTW or will pass through the POTW to the receiving stream; and/or, (m) Any hauled or trucked waste or wastewater, except at the POTW treatment plant, unless prior written permission is received from the Manager. (2) When the Manager determines that a User is contributing to the POTW any of the above enumerated substances in such amounts as to interfere with the oJeration of the POTW, the Manager shall advise User of the impact of the contribution on t~le POTW and either reject the waste or develop effluent lImitations for such User to correct the interference. If the Manager develops effluent limitations for the discharge, then all cost associated with the development of this limitation, including consultant fees and any sampling and analysis, shall be borne by User. 13.24.10 Federal Categorical Pretreatment Standards The categorical pretreatment standards fund at 40 CFR Chapter I, Subchapter N, Parts 405- 471 are here by Incorporated. Those standards, if more stringent than the limitations by the latest approved "Technically Based Local Limits Development Document" for sources in that sub-category, shall supersede the limitations imposed by the Local Limits. 1. Where a categorical pretreatment standard is expressed only in the terms of either mass or the concentration of a pollutant in wastewater, the Manager 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 Manager shall impose an alternative limit using the combined wastestream formula in 40 CFR 403.6(e). 13.24.11 State Pretreatment Standards State Pretreatment standards, located in Section 4 of Regulation No.6 "Regulations for State Administration of the National Pollutant Discharge Elimination System" for a particular industrial sub-category, if more stringent than the requirements of this Ordinance, shall supersede the reqUIrements of this Ordinance. Said Pretreatment standards are hereby incorporated by reference and will provide the appropriate discharge limitations and reporting requirements. This includes those regulations currently promulgated or those regulations as amended by the appropriate regulatory body(ies). 13.24.12 Specific Pollutant Limitations (Local Limits) No person shall discharge any waters or wastes at a concentration that would exceed the concentration of pollutants including, but not limited to, those concentrations identified in the "technically Based Local LimIts Development Document" as promulgated by the Manager of the Jacksonville Wastewater Utility, approved by the Arkansas Department of Environmental Quality, and adopted by the Jacksonville Sewer Commission. The Utility will develop and assign specific discharge permit limitations for pollutants for pellllitted Users based on criteria approved by the Manager. The specific PCll11it limits shall ensure that local limit pollutant concentrations will protect the Wastewater Treatment Plant from improper concentration levels, endangerment, render POTW sludge unacceptable, and/or VIolation of its permitted levels of discharge. All Local Limits shall apply to the total flow or total discharge from Industrial Users. In developing specific pellllit limits, the Manager may impose mass limitations in addition to or in the place of speCIfic concentration- based limits. In audition, the Utility may develop specific discharge limitations for any other 8 0000.1.0 toxic pollutants which the Manager of the Utility may detelllline to be of sufficient quantity to cause POTW interference and/or pass through, endanger the health and safety of the POTW personnel or the public health, cause a POTW permIt violation, or render the POTW sludge unacceptable for economic reuse or reclamation. 13.24.13 Right of Revision The Utility shall at all times have the right to establish by ordinance or in wastewater discharge permits more stringent standards or requirements on discharges to the POTW than may be specified in this OrdInance or in the "Technically Based Local Limits Document". 13.24.14 Dilution Prohibited No User shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or com)lete substitute for adequate treatment to achieve compliance with the limitations containea in the Federal Categoncal Pretreatlllent Standards, this Code, or in any other pollutant-specific limitation developed by the City, State, and/or the Federal government. 13.24.15 Grease, Oil, and Sand Traps (1) Grease and oil interceptors shall be provided when, in the opinion of the Manager, they are necessary for the proper handling of liquid waste containIng grease in excessive amounts except that such interceptors snaIl not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by Utility and shall be located as readily and easily accessible for required cleaning and inspection. Within ninety (90) days of approval of this Code, the Utility will develop Standard Specifications for the type and capacity of grease trap required by this Code and shall duly notify any affected User. In that event, the following provisions shall ap~)ly: (a) Existing grease traps that do not meet Utility requirements wIl: not be requireil to be upgraded to meet Utility requirements, unless in the opInion of the Manager and/or the Health Department the existing grease trap will not function to a level adequate to prevent sewer line blockage and/or a public health hazard. In lieu of replacing an existing trap, the Manager may allow use of a grease trap treatment such as bacteria or reqUIre more frequent cleanIng of the trap; (b) All grease traps must be continuously maintained and operated by User at User's expense. User will insure that all resides from the grease trap are disposed of in a manner consistent with applicable local, state, and federal laws; (c) Manager may require that a grease trap be cleaned by User at a frequency determined by Manager and Manager may require User to maIntain records of said cleaning; (d) The Utility may recover from User the cost associated with excessive line cleanIng due to the absence and/or malfunction of a grease trap (i.e., im}roper or inadequate maintenance and operation of the grease trap). ~~or purposes of this provision, excessive line cleanIng is defined as any cleaning of the sewer line that would not be expected if the trap as functioning normally would prevent the need for said extra cleaning; and/or, ( e) Manager may waive the requirement for the installation of a grease trap when conditions make installation impractical. A grease trap waIver will not relieve User from any line cleaning charges that may occur as a result of the waiver. (2) Sand and oil interceptors shall be provided when, in the opinion of Manager, they are necessary for proper handlIng of liquid waste containing sand, 011, or other harmful ingredients. Such interceftors shall not be required for private living quarters or dwelling unIts. All interceptors shal be of a type and capacity approved by UtilIty and shall be readily and easily accessible for regular cfeaning and inspection. Within ninety (90) days of approval of this Code, Utility will develop Standard Specifications for the type and capacity of sand and oil interceptors required by this Code ana shall duly notify any affected User. In that event, the following provisions shall apply: (a) Existing sand and oil interceptors which do not meet Utility requirements will not have to be upgraded to meet Utility requirements unless, in the opinion of the Utility Manager, the eXIsting interceptor will not function to a level adequate to prevent the discharge of excessive sand or oil into the sanitary sewer system; (b) All sand and oil interceptors must be continuously maintained and operated by User at User's expense. User will insure that all residues from the sand and oil interceptor are disposed of in a manner consistent with applicable local, state, and federal laws; and/or, (c) Manager may require User to clean the sand and oil trap at a frequency determined by Manager, and Manager may require that User maIntain a record of said cleaning. 9 0000/1: 1 13.24.16 Accidental Discharges/Slug Control Plans At least once every two (2) years, the Manager shall evaluate whether each significant Industrial User needs an accidental discharge/slug control plan. The Manager may require any User to develop, submit for approval, and implement such a plan. Alternatively, the Manager may develop such a plan for any User. Ail accidental discharge/slug control plan shall address at a minimum, tlie following: (a) A description of discharge practices, including non-routine batch discharges; (b) A descrIption of stored chemicals; (c) Procedures for immediately notifying the POTW of the accidental discharge and follow-up procedures for notifying Utility in writing within five (5) days of the discharge; and/or, (d) Any procedures necessary to prevent adverse impact from accidental disch.arge, including inspection and maintenance of chemical storage areas, loading and unloading of chemicals, building or containment structures, employee training, control of plant site runoff, any follow- up practice to limIt the damage suffered oy POTW, and/or emergency measures and equipment. (1) All facilities used to prevent an accidental discharge of regulated materials shall be provided and maintained at the User's expense. (2) In the event of accidental discharge, it is the responsibility of User to notify the Utility immediately of the incident. The notification WIll include location of the discharge, type of waste discharged, concentration and volume of the discharge, and any corrective action taken thus far. (3) Within five (5) days following the accidental discharge, User shall submit to Manager a detailed written report describing the cause of the discharge and the measures taken by User to prevent similar future occurrences. (4) All pelll1itted industrial Users shall post a notice in a prominent place advising employees of whom to call in the event of an accidental dangerous discharge. User shall insure that all employees who may cause or suffer such a dangerous discharge are advised of the emergency notification procedures. (5) All existing permitted Industrial Users shall have one hundred and eighty (180) days to upgt:ade current accidental discharge control plan to meet requirements of this section. IndustrIal Users who receive permits after passage of this Code must comply with the requirements of this section upon commencement of oischarge or as soon thereafter as reasonably possible. 13.24.17 Hauled Liquid Wastes (1) Hauled liquid wastes may be introduced into the POTW, with prior approval of the Utility Manager. These wastes may include, but are not limited to, portable toilet wastewater and waters associated with the removal of underground petroleum storage tanks (BTEX waters). The acceptance of such waters for introductIon to the POTW shall comply with all aPRlicable Jacksonville Wastewater Utility current policies on the acceptance of portable tOIlet wastewater and BTEX. (2) The Manager shall require all haulers of liquid wastes discharged into the POTW to use the Utility manifest system for each load of hauled liquid waste. This form must contain, at a minimum, the name and address of the wastehauler (transporter), permit number (ifa?plicable), truck identification, names and address(es) of the source(s) of the waste(s), anc. volume and characteristics of the waste. This fOllll shall also identify the type of waste. 13.24818 Fees and Charges The Jacksonville Sewer Commission may adopt charges and fees to include, but not be limited to, the following: (1) fees for reimbursement of costs incurred in development and operation of the City's Pretreatment Program; and/or, 12j fees for monitoring, inspections, and surveillance procedures; and/or, 3 fees for reviewing accidental discharge procedures and construction; and/or, 4 fees for permit aJplications and pellllits; and/or, 5 other fees as the ~ 'acksonville Sewer Commission deem necessary to carry out the requirements contained herein. These fees relate solely to matters covered under this Code and are separate from all other fees chargeable by the City. 13.24.19 INDUSTRIAL WASTEWATER DISCHARGE PERMITS Wastewater Survey. When requested by the manager, all Industrial Users must submit infollllation on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The Manager is authorized to prepare a form for this purpose and periodically require Industrial Users to update the survey. 10 OCOO.'.2 Failure to complete this survey shall be reasonable grounds for terminating service to the Industrial User and shall constitute a violation of this Ordinance. (1) It shall be unlawful for any significant industrial User to discharge to POTW any wastewater without a valid Industrial Wastewater Discharge Pellllit. Additionally, any industrial User which may not be considered a significant industrial User may be required to obtain an Industrial Wastewater Discharge Permit if, in the opinion of the Manager, this User's facility, singly or in combination witli others, has the potential to adversely impact the POTW. (2) There shall be two (2) classes of Industrial Wastewater Discharge Permits. A Class I Industrial Wastewater Discharge Permit can be issued to all sigllificant industrial Users. A Class II Industrial Wastewater Discharge Permit can be issued to any other User requiring a permit, but which is not classified as a significant industrial User. (3) All sibllificant industrial Users wishing to connect to or contribute to POTW shall obtaIn an Industrial Wastewater Discharge PeIIIIlt before connecting to or contributing to POTW. (4) All Users required to obtain an Industrial Wastewater Discharge Permit shall complete and file with Manager an application, in f01111 prescribed by the Manager, and pay a fee as determined by the Jacksonville Sewer Commission. A proposed new industrial User shall submit a completed application at least sixty (60) days prior to connecting or contributing to POTW. In support of the application, User shall submit all relevant information as required by Manager. The Manager will evaluate data furnished by User, and after evaluation and acceptance of the data furnished, Manager may issue an Industrial Wastewater Discharge Permit, subject to the terms and conditions contained in said Permit. (5) Industrial Wastewater Discharge Pell11its shall be expressly subject to all provisions of this Code and all other applicable regulations, user charges, and appropriate fees established by the Jacksonville Sewer Commission. Permits may contain, but are not limited to, the following conditions: (a) Unit charge or schedule of User charges and fees for wastewater discharged to the Utility; (b) Limits on average and maximum wastewater constituents and characteristics; (c) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization; (d) Requirements for installation and maintenance of a secure sampling point and flow monitoring installations; ( e) Requirements for industrIal self-monitoring including sample location, sampling frequency, acceptable analytical and sampling methods, and reporting frequency; Any necessary compliance schedules; Requirements for submission of applicable technical or discharge reports, including but not limited to, Baseline Monitoring Reports, NInety (90) Day Compliance Reports, Semiannual Reports on Continuing Compliance, Monthly Reports, and Compliance Schedule Milestone Reports; Requirements for maintaining and retaining any records relating to wastewater discharge and affording Manager access thereto; Requirements to notify Manager of any new introduction of wastewater constituents or any substantial change in the column or character of wastewater constituents being introduced into POTW; Notification requirements in the event of a slug discharge or accidental spill; Provision under which Manager may extend the duration of User's permit for up to one (1) year; Prohibition against bypassing of wastewater pretreatment equipment, except under conditions contained in User's Pelll!it; Designation of an authorized on-site representative at the facility authorized to sign reports required by User's pellllit; and/or, Other conditions as deemea a~)propriate by Manager to ensure compliance with this Code anc/or all applicable regulations and provIsions of the Jacksonville Sewer Commission. ~2) (h) (i) (j) (k) (1) (m) (n) (6) Permits shall be issued for a specified time period not to exceed three (3) years, except that Manager may extend expiration date of a Pellllit for up to one (1) year. ApJlications for renewal of an Industrial Wastewater Discharge Permit must be completed ana submitted to Manager within ninety (90) days of the Permit expiration date. Manager will notify Permitted Industrial User of the duty to reapply one hundred twenty (120) days before the expiration date of said Permit. (7) The terms and conditions of an Industrial Wastewater Discharge Pe111lit may be subject to modification by Manager during the term of the permit. Permits may be modified due to changes in Federal or State Regulations (including the promulgation of Categorical Pretreatment Standards), changes in limitations or conditions contained in this Code, issuance of any order or directive from EP A or the State of Arkansas, changes in processes of industrial User, or any other condition which, in the opinion of the Utility 11 000043 Manager, will require a permit modification to insure compliance by User and Utility with all applicable laws or regulations. (8) Industrial Wastewater Discharge Permits are issued to a specific User for a specific operation. An Industrial Wastewater Discharge Permit shall not be reassiblled, transferred, or sold to a new owner, new User, differentFremise or location, or accepted for a new or changed oAJeration without written approval 0 the Utility Manager. (9) App:jcation(s) for an IndustrIal Wastewater Pellllit may be denied by Manager If the proposed discharge would exceed the limitations included in this Code, if the proposed discharge would result in an unacceptable loading, either hydraulic, organic, or tOXIC, to the Utility, if the proposed discharge will exceed limitations of applicable categorical standard, or if applIcant has ever been convicted or entered into a consent decree over violations of environmental laws or regulations. 13.24.20 Monitoring Facilities Permitted industrial Users may be required by Manager to provide and operate at User's expense a secure sampling point. A secure sampling point may consist of equipment and appurtenances requirea to collect a representative wastewater sample. Equipment that may be required by Manager for a secure sampling point include, but are not limited to, an automatic wastewater sampler, equipment to constantly monitor discharge flow and pace the wastewater sampler, continuous pH monitoring equipment, any necessary safety equipment, and locking mechanism(s). Monitoring facilities should nOllllally be located on User's Jroperty but Manager may, when such a location would be impractical or cause undue " 1 ara ship on User, a10w a monitoring facility to be constructed in a public street or sidewalk area ana located so as not to be obtrusive. All sampling locations shall be constructed in accordance with Manager's requirements and any applicafile local construction standards and specifications. The construction of a secure samplIng point shall be completed within ninety (90) days of written notification by Manager. The Manager may extend the deadline for completion of installation of a secure sampling point for up to one (1) year. 13.24.21 Inspection and Sampling (1) When directed to do so by Manager, Owner, or User of any property discharging industrial waste shall, at the expense of said Owner or User, obtain a representatIve sample of the discharge and liave appropriate physical, chemical, and biological tests perfol111ed on the sample by a qualified testing laboratory acceptable to Manager. The purpose of such test shall be to determine conformance of effluent characteristics to this Code. A report shall be made in writing to Manager stating the results of said tests and a statement included as to whether or not tlie discharge is in conformance with this Code. All sampling and analysis required by this Code will conform to the conditions and requirements of 40 CFR 136, unless otherwise sl?ecified by Manager. (2) The Manager and or a designated representative(s) shall inspect the facilities of any User to ascertain whether the provIsions of this Code are being met and User is in compliance in its operations. Persons or occupants of the premises where wastewater is created or discharged shall allow Manager or his representative(s) ready access at all reasonable times to all parts of said premises for purposes of inspection, sampling, records examination, or in performance of their duties. A reasonable time shall be considered any time in which the facility is discharging industrial wastewater. Manager shall have the right to set up on User's property such devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. All permitted industrial Users will be inspected by Manager a minimum of one (1) time per year. 13.24.22 Pretreatment Users shall provide necessary wastewater treatment as required to comply with this Code and shall achieve compliance with any aJ?plicable Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to Manager shall be provided, operated, and maintained at User's expense. Detailed plans showing pretreatment facilities and operating Frocedures shall be submitted to Manager for review and approval before construction 0 the facility. The review of such plans and operating procedures will in no way relieve User from responsibility of modifying or replacing facility as necessary to produce an effluent acceptable to Manager in compliance with thIS Code. Any subsequent changes in pretreatment facilitates or method of operation shall be reported to and accepted by Manager prior to User's initiation of said changes. 13.24.23 Confidential Information (1) Information and data regarding User obtained from reports, questionnaires, pellllit applications, permits, monitoring, and Inspections shall be avaIlable to the public or other governmental agency without restriction, unless User specifically request and is able to demonstrate, to the satisfaction of Manager, that the release of such information would divulge information, processes, or methods of production entitled to protection as a trade secret of User. 12 nppo.~~. "~ ", ....."" 'p ...t (2) User must request in writing that Manager deem specific information confidentIal. User must submit said infol111ation separate from any other information, labeled "Confidential". Manager will notify User withIn a reasonable time of receiving the infol111ation if such can be held confidential. Infol111ation accepted by Manager as confidential shall not be transmitted to any governmental agency or to the general pufilic by Manager until and unless a ten (10) day notification is given to User, except in circumstances where doing so is required by the Arkansas Freedom of Information Act. (3) Infol111ation accepted as confidential shall not be made available to the general public, but shall be made available upon written request to governmental ~~ncies for uses related to this Code, the National Pollutant Discharge Elimination System (NPDES) PeIlllit, State Disposal Permit, or the Pretreatment Program: However, such portions of the report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing said report. Wastewater constituents and characteristics will not be recognized as confidential information. 13.24.24 Extra Strength Surcharge (1) Any User discharging wastewater into the sanitary sewer which exhibits none of the characteristics prohibited in Section 13.24.09, other than excessive BOD, TSS, and/or oil and grease (O&G), shall pretreat the wastewater so that BOD and TSS concentrations do not exceed Two Hundred Fifty Milligrams Jer Liter (250 mg/L) and so that any O&G concentration does not exceed One Hundred ]\i~illigrams per Liter (100 mg/L). Manager may accept waste which exceeds these amounts for treatment, provided the following conditions are met: (a) (b) (c) (d) Waste will not cause damage to the collection system, including a sewer line blockage; Waste will not impair or interfere with the POTW wastewater treatment plant; Waste does not cause or contribute to the POTW wastewater exceeding 250 mg/L BOD or TSS; and/or, User will pay all extra strength surcharge(s) as provided by this Code. (2) The extra strength surcharge for discharge of excessive BOD, TSS, and O&G shall be determined USIng the following fOlll1ula: (pollutant - allowance)(8.34)(flow in million gallons)(cost factor) (a) Value for the pollutant shall be the average of all samples for that pollutant for tlieJast twelve (12) months or the past eight (8) samples which ever is '~arger, unless User has signIficantly altered the character and nature of the wastewater to such an extent that some of the values to be included in the average are not representative of current discharge conditions. Only BOD, TSS, and O&G are acceptable Qollutants for use in this formula; (b) Allowance for BOD and TSS shall be Two Hundred Fifty Milligrams per Liter (250 mg/L), and allowance for O&G shall be One Hundred Milligrams per Liter (100 mg/L); (c) The flow shall be the discharge flow from User expressed in million gallons for the month billed for the extra strength surcharge; and/or, (d) The cost factor for BOD, TSS, and O&G shall be contained in a separate provision and shall be stated in cost per pound of pollutant. 13.24.25 Report on Hazardous Waste Activity (1) Any User that discharges to POTW any substances which, if otherwise dis~)osed of, would be listed or characterized as hazardous waste under Section 3001 of RC1<A shall report such to Manager, EP A Region VI Waste Management Division Director, and Arkansas Department of EnVIronmental ~uality's RCRA DivIsion within One Hundred and Eighty (180) days of the effective date of this Code. This report shall contain the follOWIng infoll11ation: (a) Name of the waste discharge; (b) EP A hazardous waste number for hazardous wastes as listed under 40 CFR Chapter 1, Subpart D; 1Cj Type of discharge (continuous, batch, or other); d Hazardous constituents contained in the listed waste (ifknown); e Volume and concentration of the waste (ifknown); and, f) Estimation of the volume of hazardous wastes expected to be discharged during the next twelve (12) months. Industrial Users who begin discharging after the effective date of this Code and whose discharge contains materials described above will be recuired to submit a report on hazardous waste activity within One Hundred and Eighty (ldO) days of commencement of said discharge. (2) Any existing industrial User that is submitting this infol111ation as.Jart of a report required by this Code or their Industrial Wastewater Discharge Permit wi:1 not be required to submIt this report. 13 0000..15 13.24.26 Powers and Authorities of Inspectors (1) Manager or other duly authorized employees of Utility or City bearing proper credentials and identIfication shall be pellllitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testIng in compliance with the provisions of this Code. Manager or his representatives have no authorIty to inquire into :Jrocesses incl~ding metallurgical, ~hemic~l or refi~ing, cerami~, paper, or other i~dustries - Jeyond the pOInt necessary and haVIng a dIrect beanng on the kInd and source of dIscharge to sanitary sewer or waterways or faCIlities for waste treatlllent. (2) While performing necessary work on private property referred to in Section 13.24.21, the Manager or duly authorized employees/representatives of the Utility shall observe all safety rules applIcable to the premises established by User. Utility shall indemnify User against loss or damage to property by Utility employees from gauging, ins~ection, and samplil}g of operations, except as those losses as may be caused oy negligence or failure of User to maintain safe conditions. (3) Manag~r and other duly authorized employees of Utility bearing proper credentials and identification shall be permitted to enter all private propertIes through whIch the Utility holds an easement for the il!spection, observation, measurement, sampling, repair, and maintenance of any portion of the Utility's equipment and property within saId eaStlllent. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the easement pertaining to any private property involved. 13.24.27 Rule Making Authority In addition to the provisions of this Code, the Jacksonville Sewer Commission is specifically authorized to make all other rules and regulations necessary for the construction, use, and operation of the sanitary sewers to be connected to or connecting into the Utility. Such rules and regulations so made and adopted at a regular meeting of the Sewer Commission shall become effective upon approval of a majority of Commissioners present at said meeting. 13.24.28 Users Outside the City of Jacksonville Any industrial User of the Utility located outside the city limits of the City of Jacksonville shall be required to agree, by written contract, to abide by the conditions set forth in this Code, Utility regulations, permit requirements, and any subsequent amendments thereto. All municipalities which discharge to the City of Jacksonville POTW shall agree by written contract to adopt an Code section which meets the requirements of 40 CFR 403, General Pretreatment Regulations, and is at least as stringent as conditions set forth in this Code. This Agreement must also contain a provision that allows for adoption of any and all rules and/or regulations promu1gated by tlie Jacksonville Sewer CommIssion as delegated to the JacksonVIlle Wastewater Utility, regarding the powers of enforcement for the provisions of all laws, rules, and/or regulations adopted in accordance with this Code. 13.24.29 Enforcement (1) Manager may suspend wastewater treatment services or an Industrial Wastewater Discharge Permit when such sus~ension is necessary, in the opinion of Manager, to stop an actual or threatened discharge which presents or may present an imminent or substantial danger to the health or welfare of persons and/or the environment, or causes or will cause interference to the Utility or causes or will cause a violation of any condition of the Utility's NPDES Pellliit. (2) Any User who violates any provisions of the following conditions of this Code or any applicable State and Federal Regulation is subject to revocation of its Industrial Wastewater Discharge Permit: (a) Failure of User to factually report wastewater constituents and characteristics of a discharge; (b) Failure of User to report significant changes in operation or wastewater constituents and characteristics; (c) Refusal of reasonable access to the User's property under conditions outlined in this Code; (d) Knowingly submitting false or misleading infollllation in any report required by Utility under conditions prOVIded in this Code; (e) Violations of any condition or limitation contained in User's Industrial Wastewater Discharge Permit. (3) The Jacksonville Sewer Commission will develop an enforcement plan and policy outlining methods and procedures for use by Manager and/or Utility employees to enforce the provisions of this Code or any applicable regulation. ( 4) If any User discharges sewage, industrial wastes, or other waste into POTW contrary to provisions of this Code, Federal, or State Pretreatment Requirement, or any other applicable provision or directive, the Commission may commence an action for appropriate legal or equitable relief, notwithstanding the provisions contained herein. (5) Manager will annually publish in the largest daily newspaper?ublished in Jacksonville a list of Industrial Users wliich have been in Si~llificant Non-Comp~iance during the previous twelve months. This publication will be made in February. Significant Non- Compliance shall be based upon tlie criteria specified in 40 CFR 403.8 (f)(2)(vii). 14 000046 13.24.30 Penalties . . (1) . AnX User found to have violated a provision ofth!s Gode or any ap?licable ~)rOVISIon or dIrectIve of any orders, rules, regulatIons, and permIts Issued hereuncier shall Je fined not less than Twenty-five Dollars ($25.00) nor more than One Thousand Dollars ($1000.00) or the maximum allowed by Arkansas statute, whichever is greater, for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. (2) Any person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other document filed or required to be maintained pursuant to this Code section or Industrial Wastewater Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Code section, shall, upon conviction, be punished by a fine of not more than One Thousand Dollars ($1000.00) or the maximum allowed by Arkansas statute and/or by imprisonment for not more than SIX (6) months. (3) Any person who violates any provision of this Code section or any orders, rules, regulations, and permits issued hereunaer, shall be liable civilly to a penalty not to exceed One Thousand Dollars ($1000.00) or the maximum allowed by Arkansas statute. Each day on which a violation shall occur or continue shall be dec,llled a separate and distinct offense. Any such penalties imposed under the provisions of this paragraph shall not be construed as liquidated damages, and shall accrue in addition to any liability for any consequential damages or additIonal operati~g expense incurred by Utility resulting from the violation for which the penalty is imposed. Consequential damages shall include, but not be limited to, fines, penaltIes, and costs incurred and Imposed upon the City or by other public authorities. SECTION TWO: If any provision, paragraph, word, section, or article of this Ordinance is invalidated by any court of competent JurIsdiction, the remaining provisions, paragraphs, words, sections, and articles shall not be affected and shall continue In full force and effect. SECTION THREE: All other Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of said conflict. SECTION FOUR: Immediate implementation of the terms of this Ordinance are necessary to the health and welfare of the citizens because efficient and effective operation of the Jacksonville Wastewater Utility is vital to service the needs of the citIzens of Jacksonville. Therefore, an emergency is hereby declared and this Ordinance shall take effect immediately upon its passage and publication, as provided by and subject to applicable law. APPROVED AND ADOPTED THIS ~ft.~\ DAY OF NOVEMBER, 2000. CITY OF JACKSONVILLE, ARKANSAS By: ~~,J~- ATTEST: m:~~~~~;l~JL~t~ <'1 - APyi~.. p. I~.. AS T.0"B6 ...., / . jet; 1..,~ { \M ,( / ROBE~ E. B~RG, 15