City of O'Fallon, MO Industrial Wastes and Pretreatment

The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

CATEGORICAL PRETREATMENT STANDARDS or CATEGORICAL STANDARDS

The manager of one (1) or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to ensure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit (or general permit) requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

The individuals described in Subsections 1 through 3, above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City of O'Fallon.

BMP

Best Management Practices means schedules of activities, prohibitions of practices, maintenance procedures, and other or alternative management practices to implement the prohibitions listed in Section 700.445 in this Article. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

BOD

Biochemical oxygen demand, determination by laboratory testing as set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater with the results expressed in units of milligrams per liter.

Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405–471.G, Categorical Industrial User. An industrial user subject to a categorical pretreatment standard or categorical standard.

CEASE AND DESIST ORDER

An administrative order directing an industrial user to immediately halt illegal or unauthorized discharges.

CITY or THE CITY

The City of O'Fallon, Missouri.

CIVIL LITIGATION

A lawsuit filed in a civil court. If the court rules that the defendant industrial user violated the law, the court may impose civil penalties, injunctions or equitable remedies and/or cost recovery.

CIVIL PENALTY

A punitive monetary award granted by a court to the control authority against a non-compliant industrial user.

COMPLIANCE ORDER

An administrative order directing a non-compliant industry to achieve or restore compliance by a date specified in the order.

CONSENT ORDER

An administrative order embodying a legally enforceable agreement between the control authority and the non-compliant industrial user designed to restore the user to compliance status.

CONTAMINATION

An impairment of the quality of the water by sewage, process fluids, or other wastes to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.

CONTROL AUTHORITY

The City of O'Fallon.

CRIMINAL PROSECUTION

Pursuing punitive measures against an individual and/or organization through a court of law.

CROMERR

Cross Media Electronic Reporting Rule. An Environmental Protection Agency approved system allowing states, tribes, and local governments that receive or plan to begin receiving electronic documents in lieu of paper documents to satisfy regulations under an authorized program.

[Ord. No. 6898, 4-28-2022]

CROSS-CONNECTION

Any physical link between a potable water supply and any other substance, fluid, or source, which makes possible contamination of the potable water supply due to the reversal of flow of the water in the piping or distribution system.

DAILY MAXIMUM

The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

DAILY MAXIMUM LIMIT

The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

EPA

Environmental Protection Agency or the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator or other duly authorized official of said agency.

EXISTING SOURCE

Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated.

FINE

Monetary penalty.

FOG

Fats, oils and grease of organic polar compounds derived from animal and/or plant sources as detectable in cooking oils, food scraps containing grease, butter or oil, lard or tallow, meat fat, grease and juices, gravies, sauces, shortening and dairy products.

[Ord. No. 6985, 1-12-2023]

FOG MANAGEMENT PLAN

A separately maintained document containing the specific details of the FOG Management Program. Parts of the plan include requirements for the sizing, selection, installation, and maintenance of grease interceptors for FSEs, enforcement response procedures, inspection procedures, identification of roles, and information about the software used to track the FSE Management Program.

[Ord. No. 6985, 1-12-2023]

FOG MANAGEMENT PROGRAM

The overall program put in place to reduce FOG entering the POTW from FSEs. The FOG Management Program is the collection of documents, people, and other resources dedicated by the City of O'Fallon to reduce FOG discharges to the sewer system. The FOG Management Plan is a major component of the program.

[Ord. No. 6985, 1-12-2023]

F.S.E. or FSE

Food service establishments are facilities maintained, used, or operated for the purpose of storing, preparing, serving, manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members, residents, students or employees, and which has any process or device that uses or produces FOG, or grease, vapors, steam, fumes, smoke or odors, including any real property on which the FSE is located. FSEs, include, but are not limited to, restaurants, grocery stores, hotel kitchens, hospitals, nursing homes, school kitchens, bars, factory cafeterias, churches, clubs, daycare centers and mobile food establishments.

[Ord. No. 6985, 1-12-2023]

GRAB SAMPLE

Sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

GREASE INTERCEPTOR

Fats, oils and greases (FOG) disposal system. A plumbing appurtenance that reduces non-petroleum fats, oils and greases in effluent by separation or mass and volume reduction. Gravity interceptors are plumbing appurtenances of not less than five hundred (500) gallons [one thousand eight hundred ninety-three (1,893) L] capacity that are installed in the sanitary drainage system to intercept free-floating fats, oils and grease from wastewater discharge. Separation is accomplished by gravity during a retention time of not less than thirty (30) minutes. Hydromechanical interceptors are plumbing appurtenances that are installed in the sanitary drainage system to intercept free-floating fats, oils and grease from wastewater discharge. Continuous separation is accomplished by air entrainment, buoyancy and interior baffling.

[Ord. No. 6985, 1-12-2023]

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the POTW from any non-domestic source.

INDUSTRIAL USER or USER

A person, firm, corporation, partnership, governmental entity, customer etc., using or allowing the use of water and/or sewer (wastewater) services provided by the City of O'Fallon, Missouri, including, but not limited to, treatment of wastewater.

INDUSTRIAL WASTE DISCHARGE PERMIT

The control mechanism issued by the City to significant industrial users, industrial users or users which include conditions necessary to prevent pass through or interference, or protect the quality of the receiving waterways of the POTW's effluent or protect worker health and safety, or facilitate POTW sludge management and disposal, or protect ambient air quality, or protect against damage to the POTW.

INTERFERENCE

Any wastewater discharge from any user which, alone or in conjunction with a discharge(s) from other sources, which the City deems will inhibit or disrupt the POTW, its treatment process, use or disposal, including sewage sludge disposal or use, which contributes to increase in magnitude or duration of a violation of any requirement of the POTW's National Pollutants Discharge Elimination System (NPDES) Permit.

LATERAL

The entire length of sewer pipe(s) and fittings connecting the customer's premises to the City main sewer line.

LOCAL LIMITS

The most recent schedule developed by the City which identifies the maximum discharge limitations of various types of pollutants by users connected to or using the POTW. Such schedule shall be updated from time to time as deemed necessary by the City for the purpose of being a control mechanism and used in issuance of industrial waste discharge permits.

MEETING

Informal compliance meeting with the IU to resolve recurring non-compliance.

MONTHLY AVERAGE

The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

MONTHLY AVERAGE LIMITS

The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD or STANDARD

Any regulation containing pollutant discharge limits containing pollutant discharge limits promulgated by the USEPA which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.

NEW SOURCE

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 the proposed pretreatment standards under Section 307(c)[2] of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section, provided that:

The building, structure, facility or installation is constructed at a site where no other source is located; or

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

NON-SIGNIFICANT INDUSTRIAL USER

The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.

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 Subsection (a)(2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment.

An industrial user that never discharges more than one hundred (100) gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

The industrial user, prior to City's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

The industrial user annually submits the certification statement required in Section 700.480(N)(2) and 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and

The industrial user never discharges any untreated concentrated wastewater.

NON-CONTACT COOLING WATER

Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

NOTICE OF VIOLATION

A City document notifying an industrial user that is has violated pretreatment standards and requirements. Generally used when the violation is relatively minor and the control authority expects the violation to be corrected within a short period of time.

OIL AND/OR SAND INTERCEPTORS OR SEPARATORS

A device designed and installed to separate and retain deleterious, hazardous, or undesirable matter from normal wastes and permit normal sewage or liquid wastes to discharge into the disposal terminal by gravity.

[Ord. No. 6985, 1-12-2023]

PASS THROUGH

A wastewater discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge(s) from other sources, the City deems to have the potential for, or causes, the POTW to violate any requirements of the City's POTW NPDES Permit including an increase in the magnitude or duration of violation(s).

PERSON

Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.

A measure of the acidity or alkalinity of a solution, expressed in standard units.

POLLUTION

The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water to a degree which does not create an actual hazard to the public health which does adversely and unreasonably affect such waters for domestic use.

POTW

Publicly owned treatment works. A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by a City. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6(d): Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulation process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR 403.6(e).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.

PRETREATMENT STANDARD or STANDARDS

Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

PRIVATE SEWER COLLECTION SYSTEM

A system serving, collecting and/or treating sewer waste flow from more than one (1) parcel of property, apartment complex, commercial or industrial complex or single-family residence.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 700.445(A) of this Article.

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

SEPTIC WASTE

Waste that has been in an anaerobic bacterial environment which may contain low dissolved oxygen levels (less than 1 mg/L) and/or capable of producing hydrogen sulfide gasses and noxious odors.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SEWER

(Shall mean "sanitary sewer.") All sewage or wastes from a customer's property or user excluding stormwater, rainwater, downspouts, and foundation drains runoffs, etc. Stormwater, rainwater, downspouts, foundation drain runoffs, etc., are prohibited to discharge into the sanitary sewer system.

SHOW CAUSE HEARING

Formal meeting requiring the IU to appear and demonstrate why the control authority should not take a proposed enforcement action against it. The meeting may also serve as a forum to discuss corrective actions and compliance schedules.

SIGNIFICANT INDUSTRIAL USER

Any user which is subject to categorical pretreatment standards or any non-categorical user that discharges twenty-five thousand (25,000) gallons per day or more processed wastewater, or that contributes a processed waste stream which makes up to five percent (5%) or more of the dry weather hydraulic or organic capacity of the POTW, or any user that has a reasonable potential, in the opinion of the City, for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

SLUG LOAD

Any discharge at a flow rate of concentration which could cause a violation of the prohibited discharge standards Section 700.445(A) of this Article, or any discharge, including, but not limited to, an accidental spill or a non-customary batch discharge.

STANDARD CONDITIONS

The current rules and procedures to be used and followed in conjunction with an industrial waste discharge permit, and includes monitoring, reporting and management requirements for permitted users.

STORMWATER

Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

SUPERINTENDENT

See Water and Wastewater Plant Superintendent.

TSS

Total suspended solids determined by laboratory testing as set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater with the results expressed in units of milligrams per liter.

USER

See "industrial user."

WASTEWATER

Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

WATER AND WASTEWATER PLANT SUPERINTENDENT or SUPERINTENDENT

The person designated by the City of O'Fallon to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this Article. The term also means a duly authorized representative of the Public Works Director

[Ord. No. 6985, 1-12-2023]

[2]

Editor's Note: See 33 U.S.C. § 1317(c).

[1]

Editor's Note: Former Article XI, Industrial Wastes and Pretreatment, containing Sections 700.440 through 700.540, was repealed 9-24-2020 by Ord. No. 6717.

Section 700.445 General Sewer Use Requirements.

[R.O. 2008 § 700.445; Ord. No. 6717, 9-24-2020]

Prohibited Discharge Standards.

General Prohibitions. No user shall introduce or cause to be introduced in the POTW any pollutant or wastewater which causes pass through or interference. 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.

Specific Prohibitions. No user shall discharge or cause to be discharged any of the following described waters or wastes into any public sewer:

Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (140°) sixty degrees Celsius (60° C.) using the test methods specified in 40 CFR 261.21;

Wastewater having a pH less than six (6) or more than eleven (11), or otherwise causing corrosive structural damage to the POTW or equipment;

Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than three and one-half (3.5) inches in any dimension;

Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

Wastewater having a temperature that will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees Fahrenheit (104° F.) forty degrees Celsius (40° C.);

Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

Trucked or hauled pollutants, except at discharge points designated by the Water and Wastewater Plant Superintendent in accordance with 700.450(D) of this Article;

Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

10.

Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating O'Fallon's NPDES permit;

11.

Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;

12.

Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by the Water and Wastewater Plant Superintendent;

13.

Sludges, screenings, or other residues from the pretreatment of industrial wastes;

14.

Medical wastes, except as specifically authorized by the Superintendent in an individual wastewater discharge permit;

15.

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;

16.

Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW;

17.

Fats, oils, or greases of animal or vegetable origin in concentrations greater than one hundred (100) mg/l as measured by a method per 720.380 for Polar HEM (the difference between the HEM analysis and the SGT-HEM analysis).

[Ord. No. 6985, 1-12-2023]

18.

Wastewater causing two (2) readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than twenty-five percent (25%) or any single reading over twenty-five percent (25%) of the lower explosive limit of the meter.

National Categorical Pretreatment Standards. Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 – 471.

When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Superintendent may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Superintendent shall impose an alternate limit in accordance with 40 CFR 403.6(e).

State Pretreatment Standards. Users must comply with State pretreatment standards codified at 10 CSR 20-6.100.

Local Limits.

The Superintendent is authorized to establish local limits pursuant to 40 CFR 403.5(c).

The following pollutant limits are established to prevent pass through and interference. No user, industrial user or significant industrial user shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits for the time periods indicated in the tables below:

Local Pollutant Limits
Arsenic	0.17 mg/L
Cadmium	0.13 mg/L
Chromium	3.94 mg/L
Copper	3.35 mg/L
Cyanide	0.43 mg/L
Lead	0.67 mg/L
Mercury	0.08 mg/L
Nickel	1.03 mg/L
Silver	0.90 mg/L
Zinc	4.22 mg/L
BTEX	2.6 mg/L

The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The Superintendent may impose mass limitations in lieu of the concentration-based limitations above.

The Public Works Director may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of Section 700.445(A).

[Ord. No. 6985, 1-12-2023]

The City Of O'Fallon's Right Of Revision. The City of O'Fallon reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this Article.

Dilution. Dilution is prohibited as a substitute for treatment, except where expressly authorized by an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment in order to achieve compliance with a pretreatment standard or requirement.

Section 700.450 Pretreatment Of Wastewater.

[R.O. 2008 § 700.450; Ord. No. 6717, 9-24-2020]

Pretreatment Facilities. Any user that is subject to any pretreatment standards, local limits, and the prohibitions set out in Section 700.445 of this Article shall submit to the Public Works Director detailed plans describing such facilities and operating procedures, within the time limitations specified by EPA, the State, or Public Works Director for review, and shall be acceptable to the Public Works Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City of O'Fallon under the provisions of this Article. Any pretreatment facilities shall be operated, and maintained at the user's expense.

[Ord. No. 6985, 1-12-2023]

Additional Pretreatment Measures.

[Ord. No. 6985, 1-12-2023]

Whenever deemed necessary, the Public Works Director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams; in addition the Public Works Director shall have the right to order the user to cease discharge or to deny or condition discharges of waters or wastes. The Public Works Director may deny or condition new or increased contributions of pollutants to the POTW by users, industrial users and significant industrial users in accordance with 40 CFR 403.8(f)(i).

Grease, oil, and sand interceptors shall be provided when, in the opinion of the Public Works Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Public Works Director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the user at their expense.

Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner or user at his/her expense.

Grease interceptors shall be required for intercepting fats, oils, and grease (FOG) discharges from FSEs in accordance with the requirements of the City of O'Fallon FOG Management Plan.

Accidental Discharge/Slug Discharge Control Plans.

The Superintendent shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Superintendent may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the Superintendent may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

Description of discharge practices, including non-routine batch discharges;

Description of stored chemicals;

Procedures for immediately notifying the Superintendent of any accidental or slug discharge, as required by Section 700.480(F) of this Article; and

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures, include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

Hauled Wastewater.

Septic tank waste is not accepted by the Superintendent.

No industrial waste load or load from any system outside the City of O'Fallon's system may be discharged without a prior written agreement with the Superintendent. When approved, industrial waste haulers may discharge loads only at locations designated by the Superintendent. The Superintendent may collect samples of each hauled load to ensure compliance with applicable standards. The Superintendent may require the industrial waste hauler to provide a waste analysis of any load prior to discharge and 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, at the haulers expense. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. Fees for these discharges shall be negotiated with the Superintendent.

Waste from industrial waste haulers may require pretreatment of the waters or wastes to meet requirements set forth in the local limits schedule and in the Superintendent's judgment meets an acceptable condition for discharge into the POTW.

Section 700.460 Individual Wastewater Discharge Permits.

[R.O. 2008 § 700.460; Ord. No. 6717, 9-24-2020]

Wastewater Analysis. Industrial users, at a minimum, shall comply with the applicable reporting requirements set forth in 40 CFR 403.12. The City, if it deems necessary, may require more stringent monitoring and reporting from industrial users than the regulations set forth in 40 CFR 403.12.

Individual Wastewater Discharge Permit Requirement.

No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the Superintendent, except that a significant industrial user that has filed a timely application pursuant to Section 700.460(C) of this Article may continue to discharge for the time period specified therein.

The Superintendent may also require permits from non-significant users if the Superintendent deems that the wastewater discharge is harmful to the City's sewer system. This includes locations with a history of grease trap failures.

Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this Article and subjects the wastewater discharge permittee to the sanctions set out in Sections 700.510, 700.520, and 700.525 of this Article. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.

Individual Wastewater Discharge Permitting: Existing Connections. Any existing significant industrial users discharging into the City's sewer system (that is not already permitted) shall, file an application for an industrial waste discharge permit, (applications are available from the City Clerk or the POTW) a minimum of ninety (90) days prior to tentative discharge into the POTW.

Individual Wastewater Discharge Permitting: New Connections. All new significant industrial users shall, file an application for an industrial waste discharge permit application (applications are available from the City Clerk or the POTW), a minimum of ninety (90) days prior to tentative discharge into the POTW.

Individual Wastewater Discharge Permit Application Contents. All users required to obtain an individual wastewater discharge permit may be required to submit all or some of the following information as part of a permit application:

Identifying Information.

The name and address of the facility, including the name of the operator and owner.

Contact information, description of activities, facilities, and plant production processes on the premises.

Environmental Permits. A list of any environmental control permits held by or for the facility.

Description Of Operations.

A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.

Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

Number and type of employees, hours of operation, and proposed or actual hours of operation;

Type and amount of raw materials processed (average and maximum per day);

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.

Time and duration of discharges;

The location for monitoring all wastes covered by the permit;

Flow measurement information showing the measured average daily maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in Section 700.445(C)(2) of this Article and 40 CFR 403.6(e).

Measurement Of Pollutants.

The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process.

Daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 700.480(J) of this Article. Where the Standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Superintendent or the applicable standards to determine compliance with the standard.

Sampling must be performed in accordance with procedures set out in Section 700.480(K) of this Article.

Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 700.480(D)(3) of this Article and 40 CFR 403.12C(2).

Any other information as may be deemed necessary by the Superintendent to evaluate the permit application.

10.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

Application Signatories And Certifications.

All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in Section 700.480(N)(1) of this Article.

If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the City prior to or together with any reports to be signed by an authorized representative.

A facility determined to be a non-significant categorical industrial user by the City Superintendent must annually submit the signed certification statement in Section 700.480(N) of this Article.

Individual Wastewater Discharge Permit Decisions. Upon receipt of an industrial waste discharge permit application the Superintendent shall review the application within sixty (60) days and respond to the prospective user in one (1) or a combination of the following ways:

Issue An Industrial Waste Discharge Permit. Any and all such permits shall at a minimum include all applicable categorical pretreatment standards for new and existing sources set out in 40 CFR 403.8(f)(i)(ii) including any and all new or revised regulations by Federal or State law and limitations set forth in the City's local limits schedule.

Require the prospective user to provide laboratory test data, at the prospective user's expense, substantiating the data or further defining the data on the application.

Require that the waste stream be pretreated or equalization facilities be installed. In this instance, a permit will be issued upon the Superintendent's approval of the plans for the additional facilities or the schedule for completion of the facilities.

Reject the application due to characteristics of the waters or wastewater not being in compliance with the limitations of this Chapter.

Section 700.470 Individual Wastewater Discharge Permit Issuance.

[R.O. 2008 § 700.470; Ord. No. 6717, 9-24-2020]

Individual Wastewater Discharge Permit Duration. Any significant industrial user shall be required to obtain an industrial waste discharge permit from the City prior to discharging into the POTW. Such permits shall be valid for a period not to exceed five (5) years from the date of issuance.

Individual Wastewater Discharge Permit Contents. The industrial waste discharge permits may include any combination or all of the following requirements to be followed by the prospective user at the user's sole expense:

Individual wastewater discharge permits must contain:

Limit the term of the industrial waste discharge permit through identification of permit effective and permit expiration dates. Such terms in any event shall not exceed five (5) years.

A statement that the wastewater discharge permit is non-transferable without prior notification to the City of O'Fallon in accordance with Section 700.470(E) of this Article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permits.

Effluent limits, including best management practices, based on applicable pretreatment standards.

Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based Federal, State, and local law.

The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 700.480(D) of this Article.

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.

Requirements to control slug discharge and requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges.

Any grant of the monitoring waiver the by Superintendent [Section 700.480(D)(3)] must be included as a condition in the user's permit.

Individual wastewater discharge permits may contain:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the individual wastewater discharge permit; and

Other conditions as deemed appropriate by the Superintendent to ensure compliance with this Article, and State and Federal laws, rules, and regulations.

Permit Appeals. Any person, including the user, may petition the Superintendent to reconsider the terms of an individual wastewater discharge permit within thirty (30) days of notice of its issuance or after received by an outside parting making a request to review the permit.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

In its petition, the appealing party must indicate the individual wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit.

The effectiveness of the individual wastewater discharge permit shall not be stayed pending the appeal.

If the Superintendent fails to act within sixty (60) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit, not to issue an individual wastewater discharge permit, or not to modify an individual wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with the St. Charles Circuit Court within thirty (30) days.

Permit Modification. The Superintendent may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

Information indicating that the permitted discharge poses a threat to the City of O'Fallon's POTW, O'Fallon personnel, land application sites or the receiving waters;

Violation of any terms or conditions of the individual wastewater discharge permit;

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR 403.13;

To correct typographical or other errors in the individual wastewater discharge permit; or

To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 700.470(E) of this Article.

Individual Wastewater Discharge Permit Transfer. No industrial waste discharge permit issued under the provisions of this Chapter shall be transferred to another owner or user nor shall modifications to the process equipment or operation be significantly altered without the prior written approval of the Superintendent.

Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days' advance notice to the Superintendent and the Superintendent approves the individual wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner or operator which:

States that the new owner and/or operator have no immediate intent to change the facility's operations and processes;

Identifies the specific date on which the transfer is to occur; and

Acknowledges full responsibility for complying with the existing individual wastewater discharge permit. Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.

Individual Wastewater Discharge Permit Revocation. The Superintendent may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

Failure to notify the Superintendent of significant changes to the wastewater prior to the changed discharge;

Failure to provide prior notification to the Superintendent of changed conditions pursuant to Section 700.480(E) of this Article;

Failure to complete a wastewater survey or the wastewater discharge permit.

Application or misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

Falsifying self-monitoring reports and certification statements;

Tampering with monitoring equipment;

Refusing to allow the Superintendent timely access to the facility premises and records;

Failure to meet effluent limitations;

Failure to pay fines or sewer charges;

10.

Failure to meet compliance schedules;

11.

Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

12.

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Article.

Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.

Individual Wastewater Discharge Permit Reissuance. A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 700.460(E) of this Article, a minimum of ninety (90) days prior to the expiration of the user's existing individual wastewater discharge permit.

Regulation Of Waste Received From Other Jurisdictions. Waste from other jurisdictions or wholesale users may require pretreatment of the waters or wastes to meet requirements set forth in the local limits schedule or when, in the City's judgment, pretreatment is required to meet an acceptable condition for discharge into the POTW. These jurisdictions and wholesale users will have the following requirements:

When required, a surcharge for sewer service will be added to the normal wastewater rates and shall also be based on the industrial waste discharge surcharge fees established in Section 700.540 and specifically Section 700.540(C) where applicable.

The appropriate personnel of the City of O'Fallon shall have the right to make periodic inspections, require testing and examine test results of any jurisdiction or wholesale user which possibly emits sewage exceeding these standards and to take whatever legal steps that may be necessary to prevent excessive amounts from damaging its sewer treatment facilities.

Other jurisdictions or wholesale users sending waters or wastes to the POTW (City) shall annually submit to the City a listing of each industrial user (as defined in this Article) within that jurisdiction or wholesales user. If no users exist meeting the standards of an industrial user within the jurisdiction or wholesale user, the entity may submit to the City a statement indicating that no users exist that require a pretreatment program.

No septic waste or waste creating noxious odors will be accepted into the City's sewer system.

No waste from systems not directly connected to the POTW's (City's) system will be accepted into the collection system.

The contributing jurisdiction or wholesale user shall adopt a sewer use ordinance which is at least as stringent as this Article and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in Section 700.445(E) of this Article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City of O'Fallon ordinance or local limits.

The sewer use ordinance shall specify that all pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing jurisdiction or wholesale user.

The City's Superintendent shall be allowed to jointly conduct inspections of industrial users made by the contributing jurisdiction or wholesale user.

The contributing jurisdiction or wholesale user shall provide the City's Superintendent with access to all information that is obtained as part of its pretreatment activities.

Section 700.480 Reporting Requirements.

[R.O. 2008 § 700.480; Ord. No. 6717, 9-24-2020]

Baseline Monitoring Reports. Users that become subject to new or revised categorical pretreatment standards are required to comply with the following reporting requirements even if they have been designated as non-significant categorical industrial users.

An industrial waste discharge permit application shall act as a base line monitoring report.

Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a new industrial waste discharge permit application. New customers or users expanding existing facilities that are or have the potential to be significant industrial users shall submit an industrial waste discharge permit application a minimum of ninety (90) days prior to discharging into the POTW System.

Any user required to install pretreatment facilities by the promulgation of Federal categorical pretreatment standards in accordance with 40 CFR 403.8(f)(iv)(A) shall promptly submit a schedule detailing the design and installation of the required facilities to the Superintendent for its approval in addition to completion of a new industrial waste discharge permit application. The Superintendent shall approve or disapprove the user's submittal within ninety (90) days of receipt and the user shall then begin submitting reports as directed by the Superintendent.

Users described above shall submit the information set forth below.

All information required in Section 700.460(E) [notably Subsections (E)(1)(a), (2), (3)(a), and (6)] of this Article and 40 CFR 403.12(b) (1)-(7).

Measurement Of Pollutants.

The user shall provide the information required in Section 700.460(E)(7)(a) through (d) of this Article.

The user shall take a minimum of one (1) representative sample to compile that data necessary to comply with the requirements of this Subsection and be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority;

Sampling and analysis shall be performed in accordance with Section 700.480(J) of this Article;

(4)

The Superintendent may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;

(5)

The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

Signature And Report Certification. All baseline monitoring reports must be certified in accordance with Section 700.480(N)(1) and signed by an authorized representative as defined in this Article.

Compliance Certification. A statement, reviewed by the user's authorized representative as defined in Section 700.440(D) and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided no later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements set out in Section 700.480(B) of this Article.

Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Section 700.480(A)(3)(e) of this Article:

The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

No increment referred to above shall exceed nine (9) months;

The user shall submit a progress report to the Superintendent no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

In no event shall more than nine (9) months elapse between such progress reports to the Superintendent.

Reports On Compliance With Categorical Pretreatment Standard Deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in Section 700.460(E)(6) and (7) and Section 700.480(A)(3)(b) of this Article. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 700.445(C) of this Article and 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 700.480(N)(1) of this Article. All sampling will be done in conformance with Section 700.480(K) of this Article.

Periodic Compliance Reports.

All SIUs are required to submit periodic compliance reports even if they have been designated a non-significant categorical industrial user.

All significant industrial users must, at a frequency determined by the Superintendent submit no less than twice per year on dates specified by the Superintendent reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent or the pretreatment standard necessary to determine the compliance status of the use.

The City may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. [See 40 CFR 403.12(e)(2)] This authorization is subject to the following conditions:

The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged and is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than three (3) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 700.460(E)(8).

In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one (1) sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

The request for a monitoring waiver must be signed and include the certification statement in Section 700.480(N) of this Article.

Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

Any grant of the monitoring waiver by the Public Works Director must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Public Works Director for three (3) years after expiration of the waiver.

[Ord. No. 6985, 1-12-2023]

Upon approval of the monitoring waiver and revision of the user's permit by the Public Works Director, the industrial user must certify on each report with the statement in Section 700.480(N) below, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.

[Ord. No. 6985, 1-12-2023]

In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately: notify the Public Works Director and comply with the monitoring requirements of Section 700.480(D)(2), or other more frequent monitoring requirements imposed by the Public Works Director.

[Ord. No. 6985, 1-12-2023]

This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

All periodic compliance reports must be signed and certified in accordance with Section 700.480(N)(1) of this Article.

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

If a user subject to the reporting requirement in this Section monitors any regulated pollutant at the designated sampling location more often than required by the Superintendent, using the procedures prescribed in Section 700.480(K) of this Article, the results of this monitoring must be included in the report.

Reports Of Changed Conditions. Each user must notify the Public Works Director of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least ninety (90) days before the change.

[Ord. No. 6985, 1-12-2023]

The Public Works Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 700.460(E) of this Article.

The Public Works Director may issue an individual wastewater discharge permit under Section 700.470(G) of this Article or modify an existing wastewater discharge permit under Section 700.470(D) of this Article in response to changed conditions or anticipated changed conditions.

Reports Of Potential Problems.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection (F)(1), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

Significant industrial users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a slug discharge.

Reports From Unpermitted Users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Superintendent as the Superintendent may require.

Notice Of Violation/Repeat Sampling And Reporting. Should any user, for any reason, discharge an excessive volume of pollutants as defined in this Chapter or discharge prohibited materials, the user shall immediately notify the Superintendent of the violation within twenty-four (24) hours. This shall be followed within five (5) working days with a detailed written report describing the extent and circumstances of the violation, and the proposed measures to prevent reoccurrence as well as, resampling and testing of those parameters found to be in non-compliance, within thirty (30) days of being aware of the violation.

Notification Of The Discharge Of Hazardous Waste.

Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this Subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 700.480(E) of this Article. The notification requirement in this Section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 700.480(A), 700.480(C), and 700.480(D) of this Article.

Dischargers are exempt from the requirements of Subsection (I)(1), above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Superintendent, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

In the case of any notification made under this Section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this Article, a permit issued thereunder, or any applicable Federal or State law.

Analytical Requirements. When directed to do so by the Superintendent, the owner or user of any property discharging industrial wastes shall, at his/her expense, obtain a representative samples of his/her wastewater (and permit City representatives to obtain samples) and have the appropriate physical, chemical and biological tests performed on this sample by a qualified testing laboratory acceptable with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures approved by EPA. The purpose of such tests shall be to determine the conformance of the wastewater characteristics to ordinances of the City as well as State and Federal regulations. A report shall be made, in writing, as directed, to the Superintendent stating the results of the tests.

Sample Collection. When required by the Superintendent, the owner or user of any property discharging water or wastes through a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner or user at their sole expense and shall be maintained by them so as to be safe and accessible at all times.

Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered in the discharge permit, based on data that is representative of conditions occurring during the reporting period.

Where time-proportional composite sampling or grab sampling is authorized by the Superintendent, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City of O'Fallon.

Except as indicated below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time- proportional composite sampling or grab sampling is authorized by the Superintendent.

For sampling required in support of baseline monitoring and ninety-day compliance reports required in Section 700.480(A) and 700.480(C) of this Article and 40 CFR 403.12(b) and (d), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required by Section 700.480(D) of this Article and [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and ensure compliance by with applicable pretreatment standards and requirements.

Date Of Receipt Of Reports. Reports sent by mail, reports shall be post marked by due date by an official United States Postal System. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

Recordkeeping. Users subject to the reporting requirements of this Article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under this Article. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user, or where the user has been specifically notified of a longer retention period by the Superintendent.

Certification Statements.

[Ord. No. 6898, 4-28-2022]

User Reports and Initial Monitoring Waiver. Reports required by industrial user permits may be accepted in an electronically submitted format through an Environmental Protection Agency (EPA) approved Cross Media Electronic Reporting Regulation (CROMERR) system compliant with the Code of Federal Regulations Title 40, Part 3. The following certification statement is shall be included by Users submitting permit applications in accordance with Section 700.460(F); Users submitting BMRs under Subsection 700.480(A)(3)(C); Users submitting reports on compliance with the Categorical Pretreatment Standard deadlines under Section 700.480(C); Users submitting periodic compliance reports required by Subsections 700.480(D)(1) through (4), and Users submitting an initial request to forego sampling of a pollutant on the basis of Subsection 700.480(D)(2). The following certification statement must be signed by an Authorized Representative as defined in Section 700.440(D):

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

Annual Certification For Non-Significant Categorical Industrial Users. A facility determined to be a non-significant categorical industrial user by the City pursuant to Section 700.445(C) and 40 CFR 403.3(v)(2) must annually submit the following certification statement signed in accordance with the signatory requirements of this Article. This certification must accompany an alternative report required by the City:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR _____ [user must specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief that during the period from _______, _______ to _______, _______ [months, days, year]:
(1)	The facility described as __________________________ [Facility name] met the definition of a non-significant categorical industrial user as described in Section 700.440; [Note: See 40 CFR 403.3(v)(2)]
(2)	The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
(3)	The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
	This compliance certification is based on the following information.
	(User must fill in this information)

Certification Of Pollutants Not Present.

Users that have an approved monitoring waiver based on Section 700.480(D)(3) must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user. [Note: See 40 CFR 403.12(e)(2)(v)]

Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _____ [user must specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [user must list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 700.480(D)(2).

Section 700.485 Compliance Monitoring.

[R.O. 2008 § 700.485; Ord. No. 6717, 9-24-2020; Ord. No. 6985, 1-12-2023]

Right Of Entry: Inspection And Sampling. The Public Works Director shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Article and any individual wastewater discharge permit or order issued hereunder. Users shall allow the Public Works Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Public Works Director shall be permitted to enter without delay for the purposes of performing specific responsibilities.

The Public Works Director shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

The Public Works Director may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated periodically as required by the Public Works Director to ensure their accuracy.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Public Works Director and shall not be replaced. The costs of clearing such access shall be born by the user.

Unreasonable delays in allowing the Public Works Director access to the user's premises shall be a violation of this Article.

Search Warrants. If the Public Works Director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of O'Fallon designed to verify compliance with this Article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Public Works Director may seek issuance of a search warrant from the St. Charles County Court.

Section 700.490 Confidential Information.

[R.O. 2008 § 700.490; Ord. No. 6717, 9-24-2020]

Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from Superintendent inspection and sampling activities, shall be available to the public without restriction — unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the Superintendent that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State law. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

Section 700.500 Publication Of Users In Significant Non-Compliance.

[R.O. 2008 § 700.500; Ord. No. 6717, 9-24-2020]

The Superintendent shall publish annually, in a daily newspaper circulated in the municipality where the POTW is located, a list of the industrial users which, during the previous twelve (12) months, were in significant non-compliance with applicable pretreatment standards and requirements. The term significant non-compliance shall be applicable to all significant industrial users (or any other industrial user that violates Subsections (A)(3), (4) or (8) of this Section) and shall mean:

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement;

Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement multiplied by the applicable criteria [one and four-tenths (1.4) for BOD, TSS, fats, oils and grease, and one and two-tenths (1.2) for all other pollutants except pH];

Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, or narrative standard) that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

Any other violation(s) which may include a violation of best management practices which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program;

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent's exercise of its emergency authority to halt or prevent such a discharge;

Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report non-compliance; or

Any other violation(s), which may include a violation of best management practices, which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.

Section 700.510 Administrative Enforcement Remedies.

[R.O. 2008 § 700.510; Ord. No. 6717, 9-24-2020; Ord. No. 6985, 1-12-2023]

Notification Of Violation.

Should any user, for any reason, discharge an excessive volume of pollutants as defined in this Chapter or discharge prohibited materials, the user shall immediately notify the Public Works Director of the violation. This shall be followed within five (5) working days with a detailed written report describing the extent and circumstances of the violation, and the proposed measures to prevent reoccurrence as well as, resampling and testing of those parameters found to be in non-compliance. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this Section shall limit the authority of the Public Works Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

The Public Works Director will evaluate each violation and determine whether said violation is significant or non-significant. In this evaluation process, the Public Works Director will adopt a more stringent approach if a user continues minor, non-significant violations resulting in non-compliance despite previous enforcement measures. If a user commits several violations (reoccurring or of different types) the Public Works Director will evaluate and address each violation. The Public Works Director will select enforcement responses as they deem appropriate to the violations(s). The Public Works Director may use enforcement responsive ranging from electronic conversations (e-mail) to termination of service to civil and criminal prosecutions. The Public Works Director will consider the following criteria when determining an enforcement response:

Magnitude of the violation(s).

Duration of the violation(s).

Effect of violation(s) on the POTW.

Effect of violation(s) on the receiving water(s).

Good faith efforts of the user.

Compliance history of the user.

Enforcement response (or combination of responses) will be dependent on the evaluation of the above criteria and may consist of formalized responses such as:

Notice of violation (NOV).

Administrative charges or fines.

Administrative orders.

Termination of service.

Civil/criminal prosecution.

The Public Works Director reserves the right to disconnect potable water service to any user who violates or continues to violate provisions of this Chapter including provisions of industrial waste discharge permits or administrative orders. Said water service will only be reconnected at the user's expenses and only after user has satisfactorily demonstrated to the Public Works Director its ability to comply with provisions of this Chapter, permits or administrative orders. A list of violations is listed in the City's enforcement response plan.

Administrative Orders.

Consent Orders. The Public Works Director may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such documents shall have the same force and effect as the administrative orders issued and shall be judicially enforceable.

Show Cause Hearing. The Public Works Director may order a user which has violated, or continues to violate, any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Public Works Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in this Article and required by Section 700.460(G)(1). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Compliance Orders. When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Article, an individual wastewater discharge permit, or any other pretreatment standard or requirement, the Public Works Director may issue an order to the user to come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the non-compliance, including additional self-monitoring.

Cease And Desist Orders. When the Public Works Director finds that a user is violating any provision of this Chapter, the user's wastewater discharge permit, any other issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Public Works Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

Immediately comply with all requirements or the Public Works Director may take such appropriate remedial or preventive action as may be deemed necessary to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be prerequisite to taking any other action against the user.

Administrative Fines.

Any user, person, firm, corporation, governmental entity, partnership, etc., found to be in violation of any provision of any Section of this Article shall be subject to a maximum administrative fine of one thousand dollars ($1,000.00) per day per violation for each day that said user, person, firm, corporation, governmental entity, partnership, etc., is in violation of this Chapter. Any user found to be in violation shall also be subject to pay for any and all increased or additional costs to transport, collect and/or treat wastewater that violates this Chapter and shall also be subject to stop work orders, denial, revocation or voidance of permits, forfeiture of bond and/or any other injunctive, punitive or other relief in a court of law or equity, whichever is deemed appropriate. Each violation and each day of violation shall be deemed a separate violation and enforcement shall generally be in accordance with the enforcement response guide. The fines noted in the enforcement response guide are merely guidance and users should note that the maximum fine available may be used as an appropriate first response.

Violations which are more significant in nature will result in more stringent enforcement responses. The table attached at the end of this Chapter lists various violations with guidelines for enforcement. If a particular violation occurs and is identified and not listed herein, the Public Works Director reserves the right to evaluate and enforce correction of the violation as they deem in the City's best interest. The enforcement responses listed are generally based on the first violation of the user.

Emergency Suspensions. The Public Works Director may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Public Works Director may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Public Works Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Public Works Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Public Works Director that the period of endangerment has passed, unless the termination proceedings in Section 700.510(E) of this Article are initiated against the user.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Public Works Director prior to the date of any show cause or termination hearing under Sections 700.510(B)(2) or 700.510(E) of this Article.

Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.

Termination Of Discharge. In addition to the provisions in Section 700.470(F) of this Article, any user who violates the following conditions is subject to discharge termination:

Violation of individual wastewater discharge permit conditions;

Failure to accurately report the wastewater constituents and characteristics of its discharge;

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling.

Section 700.520 Judicial Enforcement Remedies.

[R.O. 2008 § 700.520; Ord. No. 6717, 9-24-2020]

Injunctive Relief. When the Superintendent finds that a user has violated, or continues to violate, any provision of this Article, an individual wastewater discharge permit, or any other pretreatment standard or requirement, the Superintendent may petition the City of O'Fallon's Municipal Court through the City of O'Fallon's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this Article on activities of the user. The Superintendent may also seek such other action as is appropriate for legal 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.

Civil Penalties. User who has violated, or continues to violate, any provision of this Article, an individual wastewater discharge permit, or order issued here under, or any other pretreatment standard or requirement shall be liable to the City of O'Fallon for a maximum civil penalty of up to one thousand dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

The Superintendent may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City of O'Fallon.

Criminal Prosecution.

A user who willfully or negligently violates any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than the maximum fine allowed under State law per violation, per day, or imprisonment, or both.

A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least the maximum fine allowable under State law, or be subject to imprisonment, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Article, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Article shall, upon conviction, be punished by a fine of not more than the maximum fine allowable under State law per violation, per day, or imprisonment, or both.

In the event of a second conviction, a user shall be punished by a fine of not more than the maximum fine allowable under State law per violation, per day, or imprisonment, or both.

Remedies Non-Exclusive. The remedies provided for in this Article are not exclusive. The Superintendent may take any, all, or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will be in accordance with O'Fallon's enforcement response plan.

Section 700.525 Supplemental Enforcement Action.

[R.O. 2008 § 700.525; Ord. No. 6717, 9-24-2020]

Penalties For Late Reports. A penalty of twenty dollars ($20.00) shall be assessed to any user for each day that a report required by this Article, a permit or order issued hereunder is late, beginning five (5) days after the date the report is due with higher penalties may also be assessed where reports are more than thirty (30) to forty-five (45) days late. Actions taken by the Superintendent to collect late reporting penalties shall not limit the Superintendent's authority to initiate other enforcement actions that may include penalties for late reporting violations.

Performance Bonds. The Superintendent may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to comply with any provision of this Article, a previous individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to O'Fallon, in a sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance.

Liability Insurance. The Superintendent may decline to issue or reissue an individual wastewater discharge to any user who has failed to comply with any provision of this Article, a previous individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

Payment Of Outstanding Fees And Penalties. The Superintendent may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this Article, a previous individual wastewater discharge permit, or order issued hereunder.

Water Supply Severance. Whenever a user has violated or continues to violate any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.

Public Nuisances. A violation of any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Superintendent. Any person(s) creating a public nuisance shall be subject to the provisions of the City of O'Fallon Code governing such nuisances, including reimbursing the City of O'Fallon for any costs incurred in removing, abating, or remedying said nuisance.

Section 700.530 Affirmative Defenses To Discharge Violations.

[R.O. 2008 § 700.530; Ord. No. 6717, 9-24-2020]

Upset.

For the purposes of this Section, upset means an exceptional incident in which there is unintentional and temporary non-compliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include 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.

An upset shall constitute an affirmative defense to an action brought for non-compliance with categorical pretreatment standards if the requirements of Subsection (C), below, are met.

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

An upset occurred and the user can identify the cause(s) of the upset;

The facility was at the time being operated in a prudent and workman like manner and in compliance with applicable operation and maintenance procedures; and

The user has submitted the following information to the Superintendent of O'Fallon within twenty-four (24) hours of becoming aware of the upset if this information is provided orally, a written submission must be provided within five (5) days:

A description of the indirect discharge and cause of non-compliance;

The period of non-compliance, including exact dates and times, or, if not corrected, the anticipated time the non-compliance is expected to continue; and

Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the non-compliance.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for non-compliance with categorical pretreatment standards.

Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for non-compliance with the general prohibitions in Section 700.445(A) of this Article or the specific prohibitions in Sections 700.445(B)(3) through (B)(9) of this Article if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City of O'Fallon POTW was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

Bypass.

For the purposes of this Section,:

Bypass means the intentional diversion of waste streams from any portion of a user's treatment facility.

Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

With notification to and approval of the Superintendent, a user may be allowed to have a bypass occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to ensure efficient operation. In these situations, bypass notification requirements are as follows:

If a user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent, at least ten (10) days before the date of the bypass, if possible.

A user shall submit oral notice to the Superintendent of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.

Bypass.

Generally, any bypass is prohibited, and the Superintendent may take an enforcement action against a user for a bypass, unless:

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if user was instructed to install equipment to prevent a bypass during normal periods of equipment downtime or preventive maintenance; and