Ordinance 040507B

AN ORDINANCE AMENDING ELKINS MUNICIPAL CODEBY ADDING CHAPTER 1 1.25 SUBSECTION 11.25.01THROUGH 11.25.06 TO TITLE 11 WHICH PROHIBITSINTRODUCTION OF HVAC AND REFRIGERATION RUNOFFINTO SANITARY SEWER SYSTEM REPEALING ALLORDINANCES, PARTS OF ORDINANCES, AND PARTS OFADOPTED BY REFERENCE BUILDING/CONSTRUCTIONAND TECHNICAL CODES, IN CONFLICT HEREWITH; ANDFOR OTHER PURPOSES AND DECLARING ANEMERGENCY TO EXIST.

WHEREAS, the City of Elkins owns and operates its own water and sewer system as aninterrelated operation which collects wastewater and distributes potable water.

WHEREAS, the City of Elkins purchases wastewater treatment services from the City ofFayetteville on a volume basis.

WHEREAS, the City of Elkins charges its water and sewer customers a sewer rate whichis calculated as a proportion of their water usage in gallons.

WHEREAS, it has come to the attention of City officials that many ofthe newconstruction projects in town are introducing into the City sewer collection system HV AC andrefrigeration runoff (essentially distilled water).

WHEREAS, this will increase the volume of wastewater being treated by Fayettevilleunnecessarily and thereby increase the cost of operating the city sewer collection system withoutan offsetting increase in the amount of water purchased by these customers.

WHEREAS, certain commercial and high efficiency air conditioning units may require avariance from this Ordinance. Such a variance can be given by the City Building Official withapproval of the Planning Commission.

BE IT ORDAINED BY THE CITY COUNCIL OF ELKINS, ARKANSAS, ThatSECTION 1: 11.25.01 Prohibited Acts: The draining, removal or wasting o fHVAC, airconditioning, freezer or refrigeration runoff, condensate water, into the Elkins sanitary sewersystem is hereby prohibited from and after passage of this ordinance.

SECTION 2: 11.25.02 Approved Procedure: From and after passage of this ordinanceall HV AC, air conditioning, freezer and refrigeration condensate drains shall be routed to anoutside area or into a storm- water drain. Such routing shall maintain gravity flow if possible,and if gravity flow is not possible, then a condensate pump shall be installed and maintained toaccomplish the purpose of this provision.

SECTION 3: 11.25.03 Exclusions: All HV AC, air conditioning, refrigeration andfreezer systems in Elkins, Arkansas, previously installed and operational as of the date of passage of this Ordinance are conditionally excluded from the effect of this ordinance. Thisexclusion shall expire on the sooner of the following events/dates;a) January 1, 2027:b) replacement of air conditioning unit of existing HV AC system,refrigeration/freezer units, orc) substantial repair of major components ofHVAC system, refrigeration or freezerunits which requires modification/repair/replacement of connections betweensuch systems or units and the lines leading to the Elkins sanitary sewer system.

SECTION 4: 11.25.04 Permit Warning: Hereafter all HVAC, mechanical and/orplumbing permits issued by the City of Elkins shall carry a notice to be in substantially thefollowing form:

"IT IS A VIOLATION OF EMC SECTION 11.25.01 through 06, TO CONNECTTHE RUNOFF FROM AN HV AC, AIR CONDITIONING, REFRIGERATIONOR FREEZER UNIT TO THE ELKINS SANITARY SEWER SYSTEM".

SECTION 5: 11.25.05 Penalty: Violation of this ordinance is punishable by a fine ofnot less than $5.00 nor more than $25.00 per day for a first offense. Subsequent offenses shallcarry the following minimum and maximum daily fines:

  Min. Max.
2nd offense  $10.00  $35.00
3rd offense  $25.00  $50.00
4th offense and more  $50.00  $100.00'

In addition to such fines the Clerk of the Court shall collect costs upon each conviction, plea ofguilty or no contest and/or forfeiture of bond. All fines collected shall be paid to the ElkinsWater and Sewer Department to offset the effect of existing and continued excluded practices.

SECTION 6: 11.25.06 Priority Over Conflicting Language: All ordinances, parts ofordinances, portions of the Elkin's Municipal Code, and any part of a building, construction, ortechnical code adopted by the City of Elkins contrary to Sections 1, 2, 3 and 4 hereof are herebyrepealed to the extent of such conflict.

SECTION 7: Due to the significant amount of growth currently taking place in Elkinsby way of new buildings, and the impact such growth will have on the cost of operating thesanitary sewer system for years to come; if all HV AC, air conditioning, refrigeration and freezerrunoff is allowed to continue to be treated as wastewater, an emergency is hereby declared toexist to protect the public safety, health and welfare of our citizens, and therefore, this ordinance shall be in effect immediately upon its passage and approval.

Last modified on Tuesday, 17 May 2016 15:18
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