[R.O. 2011 § 710.010; Ord. No. 17-184 § 1, 9-20-2017[1]]
A.
This Chapter sets forth uniform requirements
for Users of the Publicly Owned Treatment Works for the City of St.
Charles (the City) and enables the City to comply with all applicable
State and Federal laws including the Clean Water Act (33 U.S.C. § 1251
et seq.) and the General Pretreatment Regulations (40 CFR Part 403).
B.
The objectives of this Chapter are:
1.
To prevent the introduction of pollutants
into the Publicly Owned Treatment Works that will interfere with its
operation;
2.
To prevent the introduction of pollutants
into the Publicly Owned Treatment Works that will pass through the
Publicly Owned Treatment Works, inadequately treated, into receiving
waters, or otherwise be incompatible with the Publicly Owned Treatment
Works;
3.
To protect both Publicly Owned Treatment
Works personnel who may be affected by wastewater and sludge in the
course of their employment and the general public;
4.
To promote reuse and recycling of
industrial wastewater and sludge from the Publicly Owned Treatment
Works;
5.
To provide for fees for the equitable
distribution of the cost of operation, maintenance, and improvement
of the Publicly Owned Treatment Works; and
6.
To enable the City to comply with
its National Pollutant Discharge Elimination System permit conditions,
sludge use and disposal requirements, and any other Federal or State
laws to which the Publicly Owned Treatment Works is subject.
C.
This Chapter shall apply to all Users of
the Publicly Owned Treatment Works. This Chapter authorizes the issuance
of wastewater discharge permits; provides for monitoring, compliance,
and enforcement activities; establishes administrative review procedures;
requires User reporting; and provides for the setting of fees for
the equitable distribution of costs resulting from the program established
herein.
D.
This Chapter is a supplement to Section 705.180 et seq. and all amendments thereto. All existing permits and connections are hereby incorporated. All other Chapters and parts of other Chapters inconsistent or conflicting with any part of this Chapter are hereby repealed to the extent of such inconsistency or conflict.
[R.O. 2011 § 710.020; Ord. No. 17-184 § 1, 9-20-2017]
Except as otherwise provided herein,
the Director of Public Works shall administer, implement, and enforce
the provisions of this Chapter. Any powers granted to or duties imposed
upon the Director of Public Works may be delegated by the Director
of Public Works to duly authorized personnel.
[R.O. 2011 § 710.030; Ord. No. 17-184 § 1, 9-20-2017]
The following abbreviations, when
used in this Chapter, shall have the following designated meanings:
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BOD
|
Biochemical Oxygen Demand
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BMP
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Best Management Practice
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BMR
|
Baseline Monitoring Report
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CFR
|
Code of Federal Regulations
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CSR
|
Code of State Regulations
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CIU
|
Categorical Industrial User
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COD
|
Chemical Oxygen Demand
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EPA
|
U.S. Environmental Protection Agency
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Gpd
|
Gallons per day
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IU
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Industrial User
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mg/l
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Milligrams per liter
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NPDES
|
National Pollutant Discharge Elimination
System
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NSCIU
|
Non-Significant Categorical Industrial
User
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POTW
|
Publicly Owned Treatment Works
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RCRA
|
Resource Conservation and Recovery
Act
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SIU
|
Significant Industrial User
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SNC
|
Significant Non-Compliance
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TSS
|
Total Suspended Solids
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U.S.C.
|
United States Code
|
[R.O. 2011 § 710.040; Ord. No. 17-184 § 1, 9-20-2017]
For the purpose of this Chapter,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The State of Missouri is the Approval Authority.
If the User is a corporation:
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
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 assure 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 wastewater discharge 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 limited
liability company, or sole proprietorship: a general partner, manager,
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 another 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.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 710.050(A) and (B) [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five (5)
days at twenty degrees Centigrade (20° C.), usually expressed
as a concentration (e.g., mg/l).
An Industrial User subject to a categorical Pretreatment
Standard or categorical Standard.
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) which apply to a specific category of Users and
which appear in 40 CFR Chapter 1, Subchapter N, Parts 405 –
471.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The City of St. Charles, MO.
City Council of St. Charles or a Duly Authorized Representative.
The City.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
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 discharges over the
course of the day. Where Daily Maximum Limits are expressed in terms
of concentration, the daily discharge is the arithmetic average measurement
of the pollutant concentration derived from all measurements taken
that day.
The person designated by the City to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by this Chapter, or a Duly Authorized Representative.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director or other duly authorized
official of said agency.
Any source of discharge that is not a "new source."
A sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
fifteen (15) minutes.
The introduction of pollutants into the POTW from any non-domestic
source.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; and therefore, is a cause of a violation of the City's NPDES
permit or of the prevention of sewage sludge use or disposal in compliance
with any of the following statutory/regulatory provisions or permits
issued thereunder or any more stringent State or local regulations:
Section 405 of the Act[1]; the Solid Waste Disposal Act, including Title II commonly
referred to as the Resource Conservation and Recovery Act (RCRA)[2]; any State regulations contained in any State sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act
(SWDA); the Clean Air Act; the Toxic Substances Control Act[3]; and the Marine Protection, Research and Sanctuaries Act.[4]
Specific discharge limits developed and enforced by the City
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
The sum of all "daily discharges" measured during a calendar
month divided by the number of "daily discharges" measured during
that month.
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.
Any building, structure, facility,
or installation from which there is (or may be) a discharge of pollutants,
the construction of which commenced after the publication of proposed
Pretreatment Standards under Section 307(c) of the Act[5] 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 at which 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
The production or wastewater generating
processes of the building, structure, facility, or installation are
substantially independent of an Existing Source at the same site.
In determining whether these are substantially independent, factors
such as the extent to which the new facility is integrated with the
existing plant, and the extent to which the new facility is engaged
in the same general type of activity as the Existing Source, should
be considered.
Construction on a site at which an
Existing Source is located results in a modification rather than a
New Source if the construction does not create a new building, structure,
facility, or installation meeting the criteria of Section (1)(b) or
(c) above but otherwise alters, replaces, or adds to existing process
or production equipment.
Construction of a New Source as defined
under this paragraph has commenced if the owner or operator has:
Begun, or caused to begin, as part
of a continuous on-site construction program:
Any placement, assembly, or installation
of facilities or equipment; or
Significant site preparation work
including clearing, excavation, or removal of existing buildings,
structures, or facilities which is necessary for the placement, assembly,
or installation of new source facilities or equipment; or
Entered into a binding contractual
obligation for the purchase of facilities or equipment which are intended
to be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
loss, and contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this paragraph.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge of pollutant which cannot be treated adequately
by the POTW and therefore exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the City's NPDES permit, including
an increase in the magnitude or duration of a violation.
Any individual, limited liability company, 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.
Dredged soil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, Medical Wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
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, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable Pretreatment Standard.
Any substantive or procedural requirement related to pretreatment
imposed on a User, other than a Pretreatment Standard.
Prohibited discharge standards, categorical Pretreatment
Standards, and Local Limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 710.050 of this Chapter.
A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. § 1292), which is owned by the 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.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Except as provided in paragraphs (3) and (4) of this Section,
a Significant Industrial User is:
A User subject to categorical Pretreatment
Standards; or
A User that:
Discharges an average of twenty-five
thousand (25,000) gpd or more of process wastewater to the POTW (excluding
sanitary, non-contact cooling and boiler blowdown wastewater);
Contributes a process wastestream
which makes up five percent (5%) or more of the average dry weather
hydraulic or organic capacity of the POTW treatment plant; or
Is designed as such by the City on
the basis that it has a reasonable potential for adversely affecting
the POTW's operation or for violating any Pretreatment Standard or
Requirement.
The City may determine that an Industrial
User subjected to categorical Pretreatment Standards is a Non-Significant
Categorical Industrial User rather than a Significant Industrial User
on a finding that the Industrial User 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 the
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 710.421(B) [see 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.
Upon a finding that a User meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement, the City may at any time, on its own initiative or in response to a petition received from an Industrial User, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered a Significant Industrial User.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 710.050 of this Chapter. A Slug Discharge is any Discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch Discharge, which has reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW's regulations, Local Limits, or Permit conditions.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid and which is
removable by laboratory filtering.
A source of indirect discharge.
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.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
