1360 000041
ORDINANCE NO. 1360 ( #3 — 09)
AN ORDINANCE REGULATING USE AND OPERATION OF THE
JACKSONVILLE WASTEWATER UTILITY TO BE SPECIFICALLY CODIFIED
AS JACKSONVILLE MUNICIPAL CODE, CHAPTER 13.24• REPEALING
ORDINANCES 604 620 684 877 932 1133 AND ANY AMENDMENTS
THEREOF; DECLARING ANtMEIJGEII/CY; AND, FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
JACKSONVILLE, ARKANSAS, THAT ::
SECTION ONE: Jacksonville Municipal Code Chapter 13.24 shall be amended to include the
following:
PREAMBLE
This Code Section sets forth uniform requirements for direct and indirect contributors into the
Publicly Owned Treatment Works for the City of Jacksonville, Arkansas, and enables Jacksonville
Wastewater Utility, hereafter known as Utility, to comply with all applicable State and Federal laws
required by the Clean Water Act of 1977 and amendments and the General Pretreatment Regulations
(40 CFR part 403).
The objectives of this Code Section are:
a. 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;
b. 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; and,
c. 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;
d. To prevent the introduction of pollutants into the stoma drainage system either
through direct discharge or in that direct discharge such as a sanitary sewer overflow.
e. To establish uniform standards for the use of public sewers.
f. 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 subject,
g. 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 citizens and industries within the City of Jacksonville, and to those
entities and/or persons outside the city of Jacksonville who are, by contract or agreement with the
Jacksonville Sewer Commission, Users of the City's Wastewater Utility system. Except as otherwise
provided herein the Manager of the Jacksonville Wastewater
Utility shall be responsible to
administer, implement, and enforce the policies of the Jacksonville Sewer Commission or their
authorized representative, of the terms of this Code Section.
13.24.01 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 other Utility personnel.
13.24.02 Abbreviations
The following abbreviations, when used in this Ordinance, shall have the designated
meanings:
ADEQ - Arkansas Department of Environmental Quality
BMP - Best Management Practices
BOD5 BTEX _ Biochemical Oxygen Demands
CFR - Benzene Toluene, Ethylbenzene, Xylene
C
Cl Code of Federal Regulations
Categorical Industrial User
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Ordinance No. 1360 ( #3 -09)
Page Two
COD - Chemical Oxygen Demand
EPA - U.S. Environmental Protection Agency
gpd - gallons per day
mg/L milligrams per liter
NAACIS North American Cartographic Information Society
NPDES - National Pollutant Discharge Elimination System
O &G - Oil and Grease
POTW - Publicly Owned Treatment Works
SIC - Standard Industrial Classification
— SIU - Significant Industrial User
TSS - Total Suspended Solids
(t) - Total
13.24.03 Definitions
Unless the context specifically indicates otherwise, the following terms and phrases, as used
in this section, 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.1251, et. seq.
(2) Agent. Person who acts on behalf of an industrial/commercial/residential user or an
authorized representative of the industriaVcommerciaifresidential user.
(3) Approval Authority. The Director of the State of Arkansas Department of
Environmental Quality and/or their written designee.
(4) 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 or Commercial User is a corporation.
(b) A general partner or proprietor if the Industrial or Commercial User is a
partnership or proprietorship.
(c) Any duly authorized representative of the individual designated above if such
representative is responsible for the overall operation of the facility or
administers the facility's environmental programs. The individuals as defined
in terms (a) and (b) above must submit the designation of a facility
representative that does not meet the requirements of items (a) and (b) above,
in writing to the Utility.
(5) Batch Discharge. The discharge of process wastewater to a POTW on an intermittent
basis from a tank, vat, or similar vessel.
(6) BMP. Best Management Practices or BMP's means schedules of activities,
prohibitions ofpractices,.maintenance procedures, and other management practices to
implement the prohibitions listed in § 13.24.09. BMP's include treatment
requirements operating procedures, and practices to control plant site runoff, spillage
of leaks, sludge or wastes disposal, or drainage from raw materials storage. Mote:
BMP's also include alternative means (i.e., management plans) of complying with, or
in place of certain established categorical Pretreatment Standards and effluent limits.]
(7) BOD5 (denoting Biochemical Oxygen Demand). The quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory procedures
five (5) days at 20 degrees centigrade expressed in milligrams per liter (mg/L).
(8) Brown Grease. Used fryer grease, collected by a restaurant in an above ground
receptacle (vat).
(9) 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.
(10) Building Sewer. A privately owned sewer that conveys wastewater from the
premises of a User, to the sanitary sewer main and/or manhole that is owned by the
City.
(11) Categorical Pretreatment Standard or Categorical Standard. Any regulation
containing pollutant discharge limits promulgated by EPA in accordance with
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Ordinance No. 1360 ( #3 -09)
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Sections 307 (b) and (c) of the Act (33 U.S.C. Section 1317) that apply to a specific
categorical category of Users and that appear in 40 CFR Chapter 1, subchapter N,
Parts 405 -471.
•
(12) City. The City of Jacksonville, Arkansas.
(13) Commission. The Jacksonville Sewer Commission.
(14) Commercial User. A non- residental user who engages in work in a non -
manufacturing environment and produces little or no process wastewater.
(15) Composite Sample. A series of individual grab samples collected over a known
period of time or proportional to flow and combined to make one sample.
(16) Control Authority. The City of Jacksonville, Arkansas, or its designee.
(17) Cooling Water. My waters which are used for the purpose of cooling in which the
only pollutant added is heat.
(18) Direct Discharge. The discharge of treated or untreated wastewater directly into
the waters of the State of Arkansas
(19) Domestic Septage. Any waste from holding tanks such as, but not limited to,
chemical toilets, campers, trailers, septic tanks, and vacuum -pump trucks.
(20) EPA. The Environmental Protection Agency.
(21) Existing Source. Any source of discharge, which is not a `flew Source ".
(22) Garbage. The solid waste from the domestic and commercial preparation,
cooking, and dispensing of food, and from the handling, storage, and sale of produce.
(23) Grab Sample. A sample which is 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.
(24) Indirect Discharge. The discharge 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.
(25) Industrial User. A non - residential user of the sanitary sewer system, which
discharges or has the potential to discharge toxic or conventional pollutants in
amounts that could exceed the limitations set forth in this Code.
(26) 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
Permit. The term includes rendering the POTW's wastewater sludge unfit for
disposal or under the criteria specified in the City's NPDES Permit or Solid Waste
Disposal Permit.
(27) Manager. The Manager of the Jacksonville Wastewater Utility of the City of
Jacksonville, Arkansas, or his/her authorized deputy or representative.
(28) Natural Outlet. Any outlet into a watercourse, pond, ditch, lake or other body of
surface or ground water.
(29) New Source.
a. 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 the Section, provided that:
b. The building, structure, facility or installation is constructed at a site at which
no other source is located; or
c. The building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing
source; or
d. 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
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Ordinance No. 1360 ( #3 -09)
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such as the extent to which the new facility is integrated with the existing plant,
and the extent to which the new facility engaged in the same general type of
activity as the existing source, should be considered.
e. 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.
f. Construction of a new source as defined under this paragraph has commenced
if the owner or operator has:
1. Begun, or caused to begin, as part of a continuous on -site
construction program:
i. any placement, assembly, or installation of facilities or
equipment; or,
ii. significant site preparation work including clearing, excavation,
or removal of existm buildings, structures, or facilities which is
necessary for the placement assembly or installation of new
source facilities or equipment; or
g. 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.
(30) Non - contact Cooling Water. Water used for cooling which does not come into direct
contact with any raw material, intermediate product, waste product, or finished
product.
(31) NPDES Permit. A National Pollutant Discharge Eliminations System Permit as
administered by EPA or State of Arkansas.
(32) "0 and G ", O &G, or Oil and Grease. A group of substances with similar physical
characteristics are determined quantitatively on the basis of their common solubility
in an organic extracting solvent. These substances including fats, waxes, free
fattyacids, calcium and 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 chorlphyll) and not
volatilized during the test. At the discretion of the Manager, the Oil and ('crease test
may be determined by the Partition- Gravimetric Method as outlined in the latest
approved listing in 40 Code of Federal Regulation, Part 136 or the Shlet Method
contained in the latest approved edition of Standard Methods ox
s 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 80% n -Hexane and 20%
methl -tert-butyl ether.
(33) "O and M ". Operations and Maintenance.
(34) Pass Through. A discharge which exits the POTW into the waters of the United
States 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 m the magnitude or duration of a violation.
(35) Person. Any individual, firm, company, association, society, corporation, group,
partnership, joint stock company, trust, estate, governmental entity, or any other
entity, or their legal representatives.
(36) "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 m grpm
moles per liter (g/mole/L). On the pH scale (0 to 14), 77"F)
represents a neutral condition. Decreasing values indicate increasing hydrogen -ion
concentration (acidity); increasing values indicate decreasing hydrogen -ion
concentration (alkalinity).
(37) Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage
garbage sewage sludge, 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
waste water (e.g., TS S, turbidity, color, BOD, COD, cyanide, oil & grease (O &G),
heavy metals, toxic organic compounds, heat, pH, toxicity, or odor).
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(38) 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 harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into a POTW.
(39) Pretreatment Program. The Utility's EPA and/or Arkansas Department of
Environmental Quality approved program to administer the requirements of 40 CFR
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.
(40) Pretreatment Requirement. Any substantive or procedural requirement related
to Pretreatment, other than a Pretreatment Standard, imposed on the Industrial
User.
(41) Pretreatment Standards or Standards. Pretreatment Standards shall mean prohibited
discharge standards, categorical Pretreatment Standards, and Local Limits.
(42) Prohibited Discharge Standards or Discharge Prohibitions. Absolute prohibitions
against the discharge of certain substances; these prohibitions appear in Section
13.24.09 of this Ordinance.
(43) Publicly Owned Treatment Works or POTW. A "treatment works," as defined by
Section 212 of the ACT (33U.S.C. §1292) 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.
(44) Public Sewer. A sewer in which all owners of the abutting properties have equal
rights and is controlled by a public authority.
1 (45) Sanitary Sewer. A system of pipes and conduits in which sewage is carried and
which storm, surface and ground waters are not intentionally admitted.
(46) Sewer System. Jacksonville Wastewater Utility as operated by the Jacksonville
Sewer Commission of the City of Jacksonville, Arkansas.
(47) Shall is mandatory; May is permissive.
(48) Significant Industrial Users.
a. Any Industrial User subject to categorical pretreatment standards; or,
b. An Industrial User that:
i. Discharges an average of twenty -five thousand (25,000) gallons or more
per day, of process wastewater to the POTW (excluding sanitary, non-
contact cooling, and blow -down wastewater);
ii. 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
iii. Is designated as such by the Manager on the basis that it has a reasonable
potential for adversely affecting the POTW' s operation or for violating
any pretreatment standard or requirement.
iv. Discharges any substance that causes pass - through or a substance that is
untreatable by the POTW (i.e. endocrine disruptors, human hormones,
antibiotics, etc.)
v. The Manager may decide that a User meeting the criteria in Section 45 b
(i), (ii) & (iii) has no potential for adversely affecting the POTW and
should not be considered a Significant Industrial User and may be
considered a Non - Significant Industrial User.
c. Slug /Slug Load. The 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.
(49) State. State of Arkansas.
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Ordinance No. 1360 ( #3 -09)
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(50) 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.
(51) 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.
(52) Toxic Pollutant, Any pollutant or combination of pollutants listed as toxic
regulations promulgated by the Administrator of the EPA under the provisions of the
Clean Water Act, Resource Conservation and Recovery Act, or other Acts.
(53) 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 treatment facilities, lack of preventive maintenance, or careless
or improper operation thereof.
(54) User. A residential or a non - residential customer of Jacksonville Wastewater
Utility.
(55) Utility. The City of Jacksonville Wastewater Utility, including the POTW,
personnel, and all authorized representatives.
(56) Wastewater. Industrial waste or sewage or any other waste including that which may
be combined with any round water, surface water or storm water that may be
discharged to the POTW.
(57) Yellow Grease. The grease collected in an underground Grease Trap.
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 privatepro erty 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
CCicy, any sewage or other polluted wasters except where suitable treatment has been provided
in accordance with the provisions of this Code, the laws of the State of Arkansas, and the
EPA.
(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
which 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 Para a public sanitary sewer is not e under he pr of Sion
13.24.04, graph #4, the building sewer shall be connecte d to t a private sewa ovision ge disposa
system, which meets all requirements of the City of Jacksonville, the State of Arkansas, and
the EPA.
(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 said application
with any plans, specifications, and any other information deemed necessary by the agencies
issuing said permits.
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Ordinance No. 1360 ( #3 -09)
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(3) The type, capacities, locations and lay out of iv w
P y private sewage disposal systems shall
comply with 1 recommendations of the Arkansas Department of Health and the Arkansas
Department 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 system 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 thereof without first
obtaining a written permit from the Manager.
(2) There shall be two classes of building sewer permits:
(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 permit application shall be supplemented with any plans,
specifications or other information considered relevant in the Judgment of the Manager. A
permit and inspection fee shall be paid to the Utility at the time application is filed.
Coincident with the application for a permit, a connection fee shall be paid to the Utility as
well. All fees will be determined and set by the Sewer Commission.
(3) All cost and expenses incident to the installation and connection of the building sewer
shall be bom 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.
(4) A separate and independent building sewer shall be provided for every building,
except as follows:
(a) Where multiple buildings are constructed in an apartment complex or
condominium on a single lot or tract of land which cannot be subsequently
subdivided and sold in parcels. The individual buildings may be connected to
a collector building sewer provided that only 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.
(5) 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.
(6) The size, sloe and materials of cons truction of a
alignment,
methods to be used m , alignment lac building sewer and
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 of Code
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.
(7) 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 thepublic sewer, the sewage shall be lifted by an approved means and
discharge directed to the building sewer.
(8) No persons shall make connection of roof down spouts, exterior foundation drains,
areaway drams, or other sources of surface run off or ground water to the sanitary sewer,
directly or indirectly.
(9) The connection of the building sewer into thepublic sewer shall conform to the rules
and regulations of the Utility. In absence of Utility or City rules and regulations, the
specifications and procedures of the ASTM and WPCFManuals of Practice Number Nine (9)
shall apply. All such connections shall be watertight and gas tight. Any deviation from the
prescribed procedures and materials must be approved by the Manager before installation.
(10) The applicant for the building sewer permit shall notify the Manager when the
building sewer is ready for inspection and connection to the public sewer. All portions of the
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Ordinance No. 1360 ( #3 -09)
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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.
(11) All excavations for building sewer installations shall be adequately guarded with
barricades and lights so as to protect the public from any hazard. Street, sidewalks,
parkways, and other areas disturbed in the course of the work shall be restored in a manner
satisfactory to the City's Public Works Department.
(12) 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 building 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 ninety (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 further have 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
demolished, the building sewer serving said building shall be disconnected from the sewer at
the property line and sealed to prevent entrance of storm water and debris into the public
sewer. This seal shall be maintained in a watertight condition by the owner. The
disconnection and sealing of the building sewer line will require a permit 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 which 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.
(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 effluent, 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 th
POTW. Any wastewater with a closed cup flash point of less than 140
Fahrenheit or 60 Centigrade or that results in a LEL (lower explosion 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 by 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 EPA has notified User is a fire hazard or a
hazard to the system;
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Ordinance No. 1360 ( #3 -09)
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(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 refimng or processing of fuel or lubncating
oil, mud, or glass grinding or polishing wastes;
(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 not limited to, any pollutant identified in 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
unanceptable 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;
(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 temperature at the introduction into the POTW which exceeds 40 C
(104 "F);
(j) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released
at a flow rate or pollutant 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 mom 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 mineral 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.
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Ordinance No. 1360 ( #3 -09)
Page Ten
3. When e
th Manager determines that a User is contributing to the POTW any of the
above enumerated substances in such amounts as to interfere with the operation of the
POTW, the Manager shall advise User of the impact of the contribution on the 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 found 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 403.6c).
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
The State has not developed State Pretreatment Standards. The State has adopted section 4 of
EPA's regulation No.6: which incorporates Federal Pretreatment Standards.
13.24.12 Speciftc 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 identified in the "technically Based
Local Limits Development Document ", and adopted by the Manager of Jacksonville Wastewater
Utility and approved by the Arkansas Department of Environmental Quality and the Jacksonville
Sewer Commission.
The Utility will develop and assign specific discharge permit limitations for pollutants for
permitted Users based on criteria approved by the Manager. The specific permit limits shall ensure
that local limit pollutant concentrations will protect the wastewater treatment plant from upset. The
Local Limits shall apply to the total flow or total discharge from the Industrial Users. In developing
specific permit limits, the Manager may impose mass limitations in addition to, or in the lace of,
specific concentration -based limits. In addition, the Utility may develop specific discharge
limitations for any other toxic pollutants which the Manager of the Utility may determine 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
sludges unacceptable for economic reuse or reclamation.
The Utility may develop Best Management Practices (BMPs) and/or General Discharge
Permits for certain groups of Users in lieu of Numerical Discharge Standards. The adherence to these
BMPs and/or General Discharge Permits shall be utilized in the place ofNumerical Local Limits and
Pretreatment Standards.
13.24.13 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 complete substitute for adequate treatment to achieve compliance with the
limitations contained in the Federal Categorical Pretreatment Standards, this Code, or in any other
pollutant- specific limitation developed by the City, the State, and/or the Federal government.
13.24.14 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 shall not be required for private living quarters or
dwelling units. All interceptors shall be of a type and capacity approved by the 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 ofgrease trap required by this Code and shall duly notify any affected
User. In that event, the following provisions shall apply:
(a) Existing grease traps that do not meet Utility requirements will not be
required 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
10
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Ordinance No. 1360 ( #3 -09)
Page Eleven
function to a level adequate to prevent sewer line blockage or a public health
hazard. In lieu of replacing an existing trap, the Manager may allow for 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
Users 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 any cost from User associated with excessive line
cleaning due to the absence of a grease trap or improper or inadequate
maintenance and operation of the grease trap. For the purposes of this
provision, excessive line cleaning is defined as any cleaning of the sewer line
that would not be expected if the trap was functioning normally and/or
required; 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, oil, or other harmful
ingredients. Such interceptors shall 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 readily
and easily accessible for regular cleaning 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 and 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 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 Users 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.
13.24.15 Accidental Discharges/Slug Control Plans
At least once every two (2) years, the Manager shall evaluate whether each Significant/Non-
Significant Industrial User needs an accidental discharge /slug control plan, during the annual
inspection. 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. An accidental
discharge /slug control plan shall address at a minimum, the 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;
(d) any procedures necessary to prevent adverse impact from accidental
discharge, 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 by POTW, and/or emergency measures and equipment;
and/or,
(e) Notify the POTW or Control Authority of any changes to the Facility
affecting the potential for accidental and or slug discharges.
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Ordinance No. 1360 ( #3 -09)
Page Twelve
•
(1) All facilities used to prevent an accidental and/or slug discharge of regulated
materials shall be provided and maintained at the User's expense.
(2) In the event of accidental and/or slug discharge, it is the responsibility of User to
notify 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.
(3) Within five (5) days following the accidental and/or slug discharge, User shall submit
to Manager a detailed wntten report describing the cause of the discharge and the measures
taken by User to prevent similar future occurrences.
(4) All permitted Industrial Users shall post a notice in a prominent place, advising
employees of whom to call in the event of an accidental slug and/or 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 upgrade 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 discharge or as soon thereafter as
reasonably possible.
13.24.16 Hauled Liquid Wastes
(1) Hauled liquid wastes may be introduced into the POTW, with prior approval of the
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 comp) with 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 (if
applicable), truck identification, names and address(es) of the source(s) of the waste(s), and
volume and characteristics of the waste. This form shall identify the type of waste.
13.24.17 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;
(2) fees for monitoring, inspections, and surveillance procedures;
(3) fees for reviewing accidental discharge procedures and construction;
(4) fees for permit applications and permits; and/or,
(5) other fees as the Jacksonville 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.
13.24.18 Industrial Wastewater Discharge Permits
Wastewater Survey. When requested by the manager, all Industrial Users (CIUs, SIUs, and
NSIUs) must submit information 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. Failure to
complete this survey shall be reasonable grounds for terminating service to the Industrial User and
shall be considered a violation of this Ordinance.
(1) It shall be unlawful for any Significant Industrial User to discharge to the POTW any
wastewater without a valid Industrial Wastewater Discharge Permit (or a General Permit).
Additionally, any Industrial User which may not be considered a Significant Industrial User
may be required to obtain an Industrial Wastewater Discharge Permit (or a General Permit),
if in the opinion of Manager this Industrial User's facility, singly or in combination with
others, has the potential to adversely impact the POTW.
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Ordinance No. 1360 ( #3 -09)
Page Thirteen
(2) There shall be three (3) classes of Industrial Wastewater Discharge Permits. A Class
I Industrial Wastewater Discharge Permit can be issued to all Significant/Non - Significant
Industrial Users and Categorical Industrial Users. Class II Industrial Wastewater Discharge
Permit can be issued to any other Industrial /Commercial User requiring apermit, but which
is not a Significant Industrial User. Class III Industrial Wastewater General Discharge Permit
can be issued to a group of Users with similar operations and wastewater characteristics.
(3) All Significant Industrial Users, Categorical Industrial Users, and Non - Significant
Industrial Users wishing to connect to or contribute to POTW shall obtain an Industrial
Wastewater Discharge Permit (or a General Permit) before connecting to or contributing to
POTW.
(4) All Industrial Users required to obtain an Industrial Wastewater Discharge Permit (or
a General Permit) shall complete and file with Manager an application, in form 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, Industrial Users
shall submit all relevant information as required by Manager. The Manager will evaluate
data fimnished by the Industrial User. 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 Permits (shall be expressly subject to all provisions
of this Code and all other applicable regulations, Industrial User charges, and fees established
by the Jacksonville Sewer Commission. Permits may contain, but are not limited to, the
following onditions:
(a) Unit charge or schedule of Industrial 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, and the results from appropriate sampling of any
regulated pollutant more frequently than required by the Manager;
(f) Any necessary compliance schedules;
(g) Requirements for submission of applicable technical or discharge reports, as
required in 40 CFR 403.12(b),(c),( ,(e),(1), & (h), 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;
(h) Requirements for maintaining and retaining for at least 3 years any records
relating to wastewater discharge or BMP's and affording Manager access
thereto;
(i) 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;
(j) Requirement to develop a slug control plan (to be submitted with the permit
application package) and Notification requirements in the event of a slug
discharge or accidental spill;
(k) Provision under which Manager may extend the duration of the Industrial
User's permit for up to one (1) year;
(1) Prohibition against bypassing of wastewater pretreatment equipment, except
under conditions contained in the Industrial User's Permit;
(m) Designation of an authorized on -site representative at the facility authorized
to sign reports required by the Industrial User's permit;
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Ordinance No. 1360 ( #3 -09)
Page Fourteen
(n) A statement of applicable civil and criminal penalties (including but not
limited to the penalties in 13.24.30 for violation of Pretreatment Standards
and requirements;
(o) Requirements to control Slug Discharge, if determined by the Manager to be
necessary; and/or,
(n) Other conditions as deemed appropriate by Manager to ensure compliance
with this Code and/or all applicable regulations and provisions of the
- -- Jacksonville Sewer Commission.
(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 Permit for up to one (1) year.
Applications for renewal of an Industrial Wastewater Discharge Permit must be completed
and submitted to Manager within 90 days of the Permit expiration date. Manager will notify
the Permitted Industrial User of the duty to reapply 120 days before the expiration date of
said Permit.
(7) The terms and conditions of an Industrial Wastewater Discharge Permit 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 (imitations or conditions contained in this Code, issuance
of any order or directive from EPA or the State of Arkansas, changes in processes of the
Industrial User, or any other condition which, in the opinion of Manager, will require a
permit modification to insure compliance by the Industrial User and Utility with all
applicable laws or regulations.
(8) Industrial Wastewater Discharge Permits are issued to a specific Industrial User for a
specific operation. An Industrial Wastewater Discharge Permit shall not be reassigned,
transferred, or sold to a new owner, new Industrial User, different premise or location, or
accepted for a new or changed operation without written approval of Manager.
(9) Application(s) for an Industrial Wastewater Permit 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, orgamc, 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.
13.24.19 Monitoring Facilities
Permitted Industrial Users may be required by the Manager to provide and operate at the Industrial
User's expense a secure sampling point. A secure sampling point may consist of equipment and
appurtenances required 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 Sampling facilities should normally be located on the Industrial User's
property but Manager may, when such a location would be impractical or cause undue hardship on
the Industrial User, allow a monitoring facility to be constructed in a public street or sidewalk area
and located so as not to be obtrusive. All sampling locations shall be constructed in accordance with
Manager's requirements and any applicable 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 year.
13.24.20 Inspection and Sampling
(1) When directed to do so by the Manager; Owner or Industrial User of any property
discharging Industrial waste shall, at the expense of said Owner or Industrial User, obtain a
representative sample of the discharge and have appropriate physical, chemical, and
biological tests performed 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 all said tests and a statement included as to whether or not the 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 specified by Manager.
(2) The Manager shall inspect the facilities of any Industrial User to ascertain whether the
provisions of this Code are being met and all requirements complied with. Persons or
occupants of the premises where wastewater is created or discharged shall allow Manager or
his representative ready access at all reasonable times to all parts of said premises for
14
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Ordinance No. 1360 ( #3 -09)
Page Fifteen
purposes of inspection, sampling, records examination and copying, 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 the Industrial
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 time per year.
(3) The Manager and Industrial Users shall comply with the monitoring requirements in
40 CFR 403.12(g), (2), (3) & (4).
(4) Each Industrial User must notify the Manager of any significant changes to the User's
operations or system which might alter the nature, quality or volume of its wastewater at least
Thirty (30) days prior to obtaining a building permit or the commencement of internal
plum'Sing changes and/or the introduction of new chemical components used in the
production of products.
13.24.21 Pretreatment
Industrial Users shall provide necessary wastewater treatment as required to comply with this Code
and shall achieve compliance with any applicable Federal Categorical Pretreatment Standard(s)
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 the Industrial User's expense. Detailed plans showing pretreatment facilities and
operating procedures shall be submitted to Manager for review and approval before construction of
the facility. The review of such plans and operating procedures will in no way relieve the Industrial
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 pnor to the Industrial
User's initiation of said changes. For information concerning the City of Jacksonville's ADEQ
approved Pretreatment program, a copy is available for review at the Wastewater utility office.
13.24.22 Confidential Information
(1) Information and data regarding the Industrial User obtained from reports,
questionnaires, permit applications, permits, monitoring, and inspections shall be available to
the public or other governmental agency without restriction, unless the Industrial User
specifically request(s) 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 the Industrial User.
(2) The Industrial User must request in writing that Manager deem specific information
confidential. The Industrial User must submit said information separate from any other
information, labeled "Confidential ". Manager will notify the Industrial User within a
reasonable time of receiving the information if such can be held confidential. Information
accepted by Manager as confidential shall not be transmitted to any governmental agency or
to the general public by Manager until and unless a ten day notification is given to the
Industrial User.
(3) Information accepted as confidential shall not be made available to the general public,
but shall be made available upon written request to governmental agencies for uses related to
this Code, the National Pollutant Discharge Elimination System (NPDES) Permit, State
Disposal Permit, or the Pretreatment Program: However, suchportions 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.
13.24.23 Extra Strength Surcharge
(1) Any Industrial or Commercial User discharging wastewater into the sanitary sewer
which exhibits none of the characteristics prohibited in Section 13.24.09, other than
excessive BOD5, TSS, and/or oil and grease (O &G), shall pretreat the wastewater so that
BOD5 and TSS concentrations do not exceed 250 mg/L and so that any O &G concentration
does not exceed 100 mg/L. Manager may accept waste which exceeds these amounts for
treatment, provided the following conditions are met:
(a) Waste will not cause damage to the collection system, including a sewer line
blockage; and/or,
(b) Waste will not impair or interfere with the POTW wastewater treatment
plant; and/or,
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Ordinance No. 1360 ( #3 -09)
Page Sixteen
(c) Waste does not cause or contribute to the POTW wastewater exceeding 250
mg/L BOD5 or TSS and O &G exceeding 100 mg/L; and/or,
(d) Industrial or Commercial User will pay all extra strength surcharge(s) as
provided by this Code.
(2) The extra strength surcharge for discharge of excessive BOD5, TSS, and O &G shall
be determined using the following formula:
(pollut ant - allowance)(8.34)(flow in million gallons)( cost factor) =extra strength surcharge
(a) Value for the pollutant shall be the average concentration of all samples (Ns
and JWU) for that pollutant during the month that the IUSM report has been
submitted, (Value for the pollutant shall be the average of all samples for
that pollutant for the past twelve (12) months or the past eight (8) samples
which ever is larger), unless the Industrial or Commercial 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 BOD5, TSS, and O &G
are acceptable pollutants for use in this formula.
(b) Allow b ane r BOD5 and TSS shall be 250 mg/L, and allowance for O &G mg/L.
(c) The flow shall be the discharge flow from the Industrial or Commercial User
expressed in million gallons for the month billed for the extra strength
surcharge.
(d) The cost factor for BOD5, TSS, and O &G shall be contained in a separate
provision and shall be expressed in cost per pound of pollutant.
13.24.24 Report on Hazardous Waste Activity
(1) Any User that discharges to POTW any substances which, if otherwise disposed of
would be listed or characterized as hazardous waste under Section 3001 of RCRA shall
report such to Manager, EPA Region VI Waste Management Division Director, and
Arkansas Department of Environmental Quality's RCRA Division within one hundred and
eighty (180) days of the effective date of this Code. This report shall contain the following
information:
(a) Name of the waste discharge;
(b) EPA hazardous waste number for hazardous wastes as listed under 40 CFR
Chapter 1, Subpart D;
(c) Type of discharge (continuous, batch, or other);
(d) Hazardous constituents contained in the listed waste (if known);
(e) Volume and concentration of the waste (if known); and/or,
(f) Estimation of the volume of hazardous wastes expected to be discharged
during the next twelve (12) months.
Industrial and Commercial Users who begin discharging after the effective date of this Code and
whose discharge contains materials described above will be required to submit a report on hazardous
waste activity within one hundred and eighty (180) days of commencement of discharge.
(2) Any existing Industrial or Commercial User that is submitting this information as part
of a report required by this Code or their Industrial Wastewater Discharge Permit will not be
required to submit this report.
13.24.25 Powers and Authorities of Inspectors
(1) Manager or other duly authorized employees of the Utility or City bearing proper
credentials and identification shall be permitted 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 authonty to inquire into
processes including metallurgical, chemical or refining, ceramic paper, or other industries
beyond the point necessary and having a direct bearing on the kind and source of discharge to
sanitary sewer or waterways or facilities for waste treatment.
M (2) While performing necessary work on private property referred to in Section 13.24.21,
anager or duly authorized employees of Utility shall observe all safety rules applicable to
the premises established by the Industrial or Commercial User. Utility shall indemnify the
Industrial or Commercial User against loss or damage to property by Utility employees from
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Ordinance No. 1360 ( #3 -09)
Page Seventeen
gauging, inspection, and sampling of operations, except as those losses as may be caused by
negligence or failure of the Industrial or Commercial User to maintain safe conditions.
(3) Manager and other duly authorized employees of Utility bearing proper credentials
and identification shall be permitted to enter all pnvate properties through which the Utility
holds an easement for the inspection, observation, measurement, sampling, repair, and
maintenance of any portion of the Utility's equipment and property within said easement. 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.
13.24.26 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 said
approval of a majority of those Commissioners present at said meeting.
13.24.27 Users Outside the City of Jacksonville
Any Industrial or Commercial 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 a 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 promulgated
by the 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.
13.24.28 Enforcement
(1) Manager may suspend wastewater treatment services or an Industrial Wastewater
Discharge Permit when such suspension 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 Permit.
(2) Any Industrial or Commercial User who violates any provisions of the following
conditions of this Code or any applicable State and Federal Regulation is subject to
revocation and/or termination of its Industrial Wastewater Discharge Permit:
(a) Failure of Industrial or Commercial User to factually report wastewater
constituents and characteristics of a discharge;
(b) Failure of Industrial or Commercial User to report significant changes in
operation or wastewater constituents and characteristics;
(c) Refusal of reasonable access to the Industrial or Commercial User's property
under conditions outlined in this Code;
(d) Knowingly submitting false or misleading information in any report required
by Utility under conditions provided in this Code; and/or,
(e) Violations of any condition or limitation contained in Industrial or
Commercial User's Industrial Wastewater Discharge Permit.
(3) The Jacksonville Sewer Commission will develop an enforcement response 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 Industrial or Commercial 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) The Manager will annually publish in the largest daily newspaper published in
Jacksonville a list of Industrial Users which have been in Significant Non - Compliance during
the previous twelve months. This publication will be made in February. The term Significant
Noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial
User that violates paragraphs (C), (D), or (1-I) of this Section and shall mean:
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Ordinance No. 1360 ( 143 -09)
Page Eighteen
A. Chronic Violations of wastewater discharge permit 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 -(6) month period exceeded (by any magnitude) a
numeric Pretreatment Standard or Requirement, including Instantaneous Limits as
defined in Section 2 B; [Note: Required Streamlining Rule Change, see 40 CFR 403.3(1)]
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- (6) month period equals or exceeds the product of the numeric
Pretreatment Standard or Requirement including Instantaneous Limits, as defined by
Section 2 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils, and grease,
and 1.2 for all other pollutants except pH); [Note: Required Streamlining Rule Change,
see 40 CFR 408.3(l)]
C. Any other violation of a Pretreatment Standard or Requirement as defined by Section
2 (Daily Maximum, long -term average, Instantaneous Limits, or narrative standard) that
(the Manager) determines has caused, alone or in combination with other discharges,
Interferences or Pass Through, including endangering the health of POTW personnel or
the general public; [Required Streamlining Rule Change see 40 CFR 403.3(1))
D. Any discharge of a pollutant that has caused imminent endangerment to the public or
to the environment, or has resulted in [the Manager's] exercise of the emergency
authority to halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled date; a compliant schedule
milestone contained in an individual wastewater discharge permit, or a general permit, or
enforcement order for starting construction, completing construction, or attaining final
compliance;
F. Failure to provide within forty -five days (45) days after the due date, any required
reports, including baseline monitoring reports, reports on compliance with categorical
Pretreatment Standard deadlines, provide self - monitoring reports and reports on
compliance with compliance schedules;
G. Failure to accurately report noncompliance; and/or,
14. Any other violation(s), which may include a violation Best Management Practices,
which the Manager} determines will adversely affect the operation or implementation of
the local pretreatment program.
13.24.29 Penalties
SECTION ONE:
(1) Any User found to have violated a provision of this Code or any applicable provision
or directive of any orders, rules, regulations, and permits issued hereunder shall be fined not
less than $25.00 nor more than $1000.00, or the maximum allowed by Arkansas Law,
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 to 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 $1000.00, or the maximum allowed by Arkansas Law, whichever is lower, 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 hereunder, shall be liable civilly to a penalty not to exceed
$1000.00 or the maximum allowed by Arkansas Law. Each day on which a violation shall
occur or continue shall be deemed 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 operating
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.
(4) When the Manager finds that a user has violated, or continues to violate, any
provision of this Ordinance, an individual wastewater industrial discharge permit, or a
general permit or order issued hereunder or any Pretreatment Standard or Requirement, the
Manager may fine such User in amount not to exceed One Thousand Dollars ($1000.00).
Such times shall be assessed on a per - violation, per -day basis. In the case of monthly or other
18
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Ordinance No. 1360 ( #3 -09)
Page Nineteen
long -term average discharge limits, fines shall be assessed for each day during the period of
violation.
(5) When the manager finds that a User has violated or continues to violate, any
provision of this ordinance, an individual industrial wastewater permit (or a general permit0
or order issued hereunder, or any other Pretreatment Standard or Requirement, the Manager
may petition the City of Jacksonville, District Court through the City's Attorney for the
issuance of a temporary or permanent injunction, as appropriate, which restrains or compels
the specific performance of the individual industrial wastewater discharge permit (or general
Jermit) order, or other requirement imposed by this ordinance on activities of the User. The
Manager may also seek such other action as is appropriate for legal and and /or equitable
relief, including a requirement for the User to conduct environmental remediation. A petition
for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action
against a User
(6) The remedies provided for in this ordinance are not exclusive. The Manager 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. However, the City may take other action against any User when the circumstances
warrant, Further, the Manager is empowered to take more than one enforcement action
against any noncompliant User.
SECTION TWO:
If any provision, paragraph, word, section, or article of this Code Section 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 Codes and parts of Codes 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 SDK DAY OF FEBRUARY, 2009.
CITY OF JACKSONVILLE, ARKANSAS
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