[R.O. 2017 § 700.130; Ord. No. 04-40 § 2-1, 10-19-2004]
A.
The admission into the POTW of any wastewater
containing any quantity of pollutant shall be subject to review and
approval of the Director. Where necessary, in the opinion of the Director,
the owner of the property or premises producing such waste shall provide,
at his/her expense, such preliminary treatment as may be necessary
to reduce pollution or certain pollutants to within the maximum limits
provided for in this Chapter or to control the quantities or rates
of discharge of such wastewaters.
B.
Construction drawings, specifications and
other pertinent information relating to the proposed preliminary treatment
facilities shall be prepared by the owner at his/her expense and shall
be submitted for the approval of the Director and no construction
of such facilities shall be commenced until such approvals are obtained
in writing. Construction shall be in accordance with such approved
plans.
C.
Where preliminary treatment facilities
are provided, they shall be maintained continuously in effective operation
by the owner at his/her expense.
[R.O. 2017 § 700.140; Ord. No. 04-40 § 2-2, 10-19-2004]
A.
The owner of all houses, buildings or properties
used for human occupancy, employment, recreation or other purpose,
situated in the City or in any area where there is an availability
of sewers in a jurisdiction with which the City has an interjurisdictional
sewage treatment agreement and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a sanitary
sewer of the City, is hereby required, at his/her expense, to install
suitable toilet facilities therein and to connect such facilities
directly with the proper sanitary sewer in accordance with the provisions
of this Chapter within ninety (90) days after sewer service is available,
provided such sanitary sewer is within two hundred (200) feet, measured
along a street, alley or easement, of the property line. If there
is no sanitary sewer within two hundred (200) feet of the property
line, the owner may request permission of the City to construct and
maintain an adequate septic tank installation until such time as a
sanitary sewer is made available.
B.
No person shall make any connection to
the POTW, either direct or indirect, without written permission from
the Director or reconnect wastewater services when such services have
been disconnected for non-payment of a bill for wastewater services
unless such bill for wastewater services, including charges for disconnection,
has been paid in full.
C.
No person shall tap into any sanitary sewer
line of the POTW except by using an approved tapping machine and an
approved connection fitting unless otherwise approved by the Director.
The Director shall develop reasonable rules and regulations on tapping
and connecting procedures. These rules and regulations shall take
force and effect five (5) days after the rules and regulations shall
be filed in the office of the City Clerk.
[R.O. 2017 § 700.150; Ord. No. 04-40 § 2-3, 10-19-2004]
No person shall discharge any wastewater
or pollutant directly into a manhole or other opening of the POTW,
other than through an approved building sewer, unless he/she shall
have been given written permission to do so by the Director.
[R.O. 2017 § 700.160; Ord. No. 04-40 § 2-4, 10-19-2004]
The Director may, after informal
notice to the discharger, take whatever steps are reasonably necessary
to immediately temporarily suspend a user's sewer use permit, or impose
temporary restrictions on discharges, or halt and prevent the discharge
of pollutants to the POTW which reasonably appear to present an immediate
endangerment to the health or welfare of persons. If the Director
determines that an industrial user's discharge to the POTW does not
present an immediate endangerment to the health or welfare of persons,
but presents or may present an endangerment to the environment or
threatens to interfere with the operation of the POTW, he/she shall
notify the discharger in writing setting forth sufficient facts to
describe the violation and allowing a reasonable period of time, which
shall be stated in the notice, to respond or to abate or correct the
violation and if the response or actions of the discharger do not
result in abatement and correction within such period of time, the
Director may take action as reasonably necessary to halt or prevent
the discharge.
[R.O. 2017 § 700.170; Ord. No. 04-40 § 2-5, 10-19-2004]
A.
Holding tank waste may be introduced into the POTW only at locations designated by the Director and at such times as are established by the Director. Such waste shall not violate Article III of this Chapter or any other requirements established by the City. The Director may require holding tank waste haulers to obtain wastewater discharge permits.
B.
The Director shall require haulers of industrial
waste to obtain wastewater discharge permits. The Director may require
generators of hauled industrial waste to obtain wastewater discharge
permits. The Director also may prohibit the disposal of hauled industrial
waste. The discharge of hauled industrial waste is subject to all
other requirements of this Chapter.
C.
Industrial waste haulers may discharge
loads only at locations designated by the Director. No load may be
discharged without prior consent of the Director. The Director may
collect samples of each hauled load to ensure compliance with applicable
standards. The Director may require the industrial waste hauler to
provide a waste analysis of any load prior to discharge.
D.
Industrial waste haulers must provide a
waste-tracking form for every load. This form shall include, at a
minimum, the name and address of the industrial waste hauler, permit
number, truck identification, names and addresses of sources of waste
and volume and characteristics of waste. The form shall identify the
type of industry, known or suspected waste constituents and whether
any wastes are RCRA hazardous wastes.
[R.O. 2017 § 700.180; Ord. No. 04-40 § 2-6, 10-19-2004]
The Director is hereby authorized
to determine the cost to receive, test and administer wastewater which
is trucked or hauled to the POTW. The Director shall file such cost
determinations with the City Clerk, with notice to the Board of Aldermen,
and the City thereafter shall charge for such services in accordance
with the amount so filed, unless countermanded by a resolution of
the Board of Aldermen.
[R.O. 2017 § 700.190; Ord. No. 04-40 § 2-7, 10-19-2004]
The Director shall dispose of all
treated sludges and other by-products of the POTW. He/she may sell
such sludges and other by-products to such persons as may desire to
purchase the sludges and by-products and shall determine a schedule
of charges and provide for the collection of such charges. He/she
shall account monthly to the City Collector for such sales.
[R.O. 2017 § 700.200; Ord. No. 04-40 § 2-8, 10-19-2004; Ord. No. 19-20, 7-23-2019]
A.
Scope
And Purpose. This Section is established to aid in preventing the
introduction and accumulation of fats, oils, greases, sand (FOGS)
and other harmful wastes into the municipal sewer system that tend
to cause or contribute to sanitary sewer blockages and obstructions.
Food service establishments, industrial and commercial operations,
and other generators of FOGS are subject to this Section. This Section
regulates such users by requiring grease interceptors, traps, recovery
appliances, and other strategies approved by the City of Battlefield
be installed, implemented and maintained in accordance with the provisions
hereof. Fats, oils, grease, and sand interceptors shall be provided
at the user's expense when the Program Director determines that they
are necessary for the proper handling of wastewater containing grease
or any flammable wastes, sand and other harmful ingredients, 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 Program Director and shall be so located as to be
readily accessible for cleaning and inspection. Grease and oil interceptors
shall be constructed of impervious materials capable of withstanding
abrupt and extreme changes in temperature. They shall be of substantial
construction, watertight, and equipped with easily removable covers
which when butted in place shall be gastight and watertight. When
installed, all grease, oil and sand interceptors shall be maintained
by the user, at his/her expense, in continuously efficient operation.
B.
Objectives.
The objectives of this Section are:
1.
To prevent the introduction of contaminants that may inhibit operation
of the sanitary sewer collection system and lift station operations.
2.
To protect the environmental quality of the streams, creeks and other
public waterways traversing and surrounding the City.
3.
To better enable the City of Battlefield to comply with State and
Federal laws to which the City is subject.
4.
To protect the health, safety and welfare of the public and City
workers through regulation of pretreatment and on-site treatment methods.
C.
City-Operated
Facilities Not Exempted. Facilities owned or operated by the City
of Battlefield where fats, oil, grease, sand or other wastes other
than domestic strength sewerage shall be subject to the provisions
of this Section and all adopted policies.
D.
Separator/Interceptor/Trap
Required. Grease, oil and/or sand separators/interceptors/traps shall
be provided at the user's expense when necessary for the proper handling
of wastewater discharges containing fats, oils, grease, flammable
wastes, sand, grit and other harmful components, except for private
living quarters or dwelling units unless a home-based business is
determined by the City to be a significant generator of FOGS. All
grease, oil and/or sand separators/interceptors/traps shall be of
a type and capacity approved by the City and shall be located to be
readily accessible for cleaning and inspection. Grease, oil and sand
separators and associated sampling pits/ports shall be constructed
in conformance with the current adopted edition of the International
Plumbing Code,[1] the Fats, Oils, Grease and Sand (FOGS) Management Program,
and with any standards adopted pursuant to this Section. When installed,
the FOGS-contributing user, at his/her expense, shall maintain all
grease, oil and sand interceptors in continuously efficient manner
and in compliance with the provisions in this Section.
E.
Permit
Required. No user shall operate a grease, oil and/or sand separator
without possessing a valid City of Battlefield permit or exemption
thereto, as issued by the FOGS Program Director. Permits shall be
issued for a period of five (5) years and will be renewed at the end
of each term after a review of user compliance. Permits may be reissued
as needed to reflect changes in operating/maintenance conditions or
equipment. The user is required to keep the permit on the premises
and produce it upon the request of the City.
F.
Director
Authorized. The Public Works Superintendent or his/her designee is
authorized and directed to develop and maintain a comprehensive and
cohesive policy consistent with the provisions of this Section. The
policy, along with any associated forms, diagrams and procedures,
shall be designated as the Fats, Oils, Grease and Sand (FOGS) Management
Program. Once adopted by the Board of Aldermen, a copy of the FOGS
Management Program shall be kept on file by the City Clerk. The FOGS
Program Director is further authorized to make periodic updates or
modifications to the adopted program conditioned upon providing sixty
(60) days' written notice to all wastewater users regulated hereunder
and filing the update or modified program with the City Clerk. If
no written objections are received by the City Clerk within the sixty-day
period, the proposed update or modification may be considered approved
under the authority granted herein. The Board of Aldermen must approve,
by resolution, any proposed update or modification for which a wastewater
user has submitted a timely written objection to the City Clerk.
G.
Suspension
Or Revocation Of Permits Or Authority To Discharge. The City shall
retain authority to suspend or revoke operation of FOGS user permits
or the authority to discharge wastes into the public sewer for violations
of the FOGS Management Program.
H.
Enforcement.
1.
It is unlawful for a user, person or entity to fail to comply with,
or otherwise violate, the provisions of this Section or any section
of the FOGS Management Program. A notice of violation (NOV) shall
be issued for failure to comply with the following requirements of
this program:
a.
Properly operate, maintain, and/or clean the FOGS management equipment
as detailed by the FOGS Management Program or by the FOGS permit issued
to the user.
b.
Possess a valid FOGS permit issued by the City of Battlefield when
the facilities are regulated under this Section.
c.
Report significant changes in operations or wastewater characteristics
that result in a sewage discharge exceeding the limits stated within
this Section or results in the formation of grit or grease in the
public sanitary sewer.
d.
Maintain FOGS-related pumping, cleaning, or maintenance file records
for a minimum period of five (5) years.
e.
Perform and report maintenance, complete repairs, replace or install
FOGS management equipment within the time frequency prescribed by
the City.
f.
Clean FOGS management equipment within the time frequency prescribed
by the City, unless exemptions are authorized under this Section or
through adopted policy.
g.
Provide quarterly reports of FOGS equipment pumping and cleaning
to the City of Battlefield, Missouri.
h.
Retain flow regulators on FOGS equipment as required for proper functioning.
i.
Discharge wastewater into the public sanitary sewer that does not
exceed the following limits:
(1)
One hundred (100) milligrams per liter total recoverable fats/grease.
(2)
One hundred (100) milligrams per liter petroleum oil, non-biodegradable
cutting oil or mineral oils.
(3)
pH levels lower than six point zero (6.0) standard units or
higher than nine point zero (9.0) standard units.
(4)
Two hundred fifty (250) milligrams per liter biological oxygen
demand or chemical oxygen demand.
(5)
Two hundred fifty (250) milligrams per liter total suspended
solids.
2.
The City may serve any user with a written notice of violation (NOV)
for failure to comply with this program. The party to whom the NOV
is directed shall be given an appropriate amount of time, as determined
by the City, to correct noted deficiencies. Should measures to correct
any deficiency not be completed in a timely manner as directed by
the City, and measures to promote compliance have been exhausted,
a summons to appear in the City of Battlefield Municipal Court will
then be issued to the owner, contact person and/or user, or their
authorized representative. The City may seek whatever remedies are
authorized by the State of Missouri Statutes, City ordinances, at
law or in equity, against any person or user violating the provisions
of this program. Upon issuance of notification of the NOV, each day
corrective action is not taken shall be determined to be a separate
violation. Fines and penalties may be assessed each and every day
to the owner or contact person or user of the property until compliance
with this program is achieved.
3.
The City shall have the right to inspect the building sewer and to
discontinue water or sewer service to any property where the plumbing
is not maintained to the current adopted edition of the International
Plumbing Code[2] or in a sanitary, effective, and/or efficient operating
condition, or if the public sewer facilities may be harmed thereby.
The remedies provided in this program shall not be exclusive, and
the City may seek other remedies as authorized by statute or City
ordinance, at law or in equity, against any person or user violating
the provisions of this program.
4.
Any non-domestic user who allows grease trap, separator or interceptor
wastes, sludges or other prohibited wastes to be deposited into the
public sewer collection system, whether through discharge, improper
installation, improper operation or maintenance of a grease trap,
separator or interceptor, failure to install an adequately sized grease
trap, separator or interceptor, failure to provide proper containment
or other intentional or unintentional action, shall be subject to
enforcement actions as provided by this or other applicable laws or
regulations. Such actions may be declared a public nuisance.
5.
Any person who allows grease trap, separator, or interceptor wastes
or sludges or other prohibited wastes to be deposited into a street,
gutter, storm sewer, or onto public or private property, whether through
discharge, improper installation, improper operation or maintenance
of a grease trap, separator or interceptor, failure to install an
adequately sized grease trap, separator or interceptor, failure to
provide proper containment, or other intentional or unintentional
action, shall be subject to enforcement actions as provided by this
or other applicable laws or regulations. Such actions may be declared
a public nuisance, a threat to the POTW, and/or to the health and
welfare of persons.
6.
The City shall have the right to obtain discharge samples and perform
lab tests for the measuring of wastes and flows from the building
sewer. Sampling pits/ports shall be designed and constructed in accordance
with the FOGS Management Program.
7.
Water service to any structure, business or entity may be discontinued
in the event that a violation of the FOGS Management Program constitutes
a public health threat. All outstanding fees, penalties, or other
utility charges must be paid prior to reinstatement of water service.
I.
Permit
Required; Fees, Suspension Or Revocation.
1.
No person shall operate a food establishment in the City who does
not possess a FOGS permit from the City Administrator, nor shall any
person operate a food establishment after the suspension or revocation
of such permit. The permit shall be posted in a conspicuous place.
Only persons who comply with the requirements of this Section shall
be entitled to receive and retain such a permit.
2.
Upon the violation by the permit holder of any of the terms of this
Section, any permit issued under this article may be temporarily suspended
by the regulatory authority, or revoked after an opportunity for a
hearing by the City Manager upon serious or repeated violations.
3.
Permit fees shall be as established by ordinance from time to time.
All permits shall be for one (1) year, beginning on January 1 and
ending December 31. New businesses or discontinued businesses making
timely application for a permit after the beginning of a current permit
year shall pay a prorated monthly rate, which includes the month of
application, for the remainder of the permit year.
4.
Permit renewals must be completed within 45 days of becoming due
or the food establishment will be closed until the renewal is completed.
5.
Fee for the issuance of a FOGS permit shall be fifty dollars ($50.00).
6.
Criminal Penalties. Any person violating any of the provisions of Section 700.200 of the Battlefield City Code or failing to comply with any order, permit or certificate issued under the provisions of this Section shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in jail for a period not exceeding ninety (90) days, or by both such fine and imprisonment. Each violation per day after the posting of the notice shall be deemed a separate offense. Notice shall not be required in order to prosecute a person for a violation of any provisions of this Section, except such notice shall be required to prosecute a person for failure to comply with an order.
7.
Civil Penalties. Failure to comply with an order which has been duly
posted, which interferes with the publicly owned treatment works (POTW)
or significantly contributes to any violation or requirement of the
POTW's NPDES (National Pollutant Discharge Elimination System) permit
or any violation of any of the provisions of this Section, or the
failure to comply with any order, permit or certificate issued under
the provisions of this Section shall be subject to civil penalties
not to exceed five hundred dollars ($500.00) per day per violation.
