[R.O. 2009 § 720.010; R.O. 2007
§ 720.010]
Unless the context specifically indicated
otherwise, the meaning of terms used in this Article shall be as follows:
- BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Centigrade (20° C.), expressed in milligrams per liter.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building walls.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal.
- COMBINED SEWER
- A sewer receiving both surface runoff and sewage.
- GARBAGE
- Solid wastes from the domestic and commercial reparation, cooking and dispensing of food and from the handling, storage and sale of produce.
- INDUSTRIAL WASTES
- The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
- NATURAL OUTLET
- Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
- PERSON
- Any individual, firm, company, association, society, corporation or group.
- pH
- The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
- PROPERLY SHREDDED GARBAGE
- The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension.
- PUBLIC SEWER
- A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
- SANITARY SEWER
- A sewer which carries sewage and to which storm, surface or groundwaters are not intentionally admitted.
- SEWAGE TREATMENT PLANT
- Any arrangement of devices and structures used for treating sewage.
- SEWAGE WORKS
- All facilities for collecting, pumping, treating and disposing of sewage.
- SEWER
- A pipe or conduit for carrying sewage.
- SHALL
- Is mandatory; "may" is permissive.
- SLUG
- Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation.
- STORM DRAIN (SOMETIMES TERMED "STORM SEWER"
- A sewer which carries storm and surface waters and drainage; but excludes sewage and industrial wastes, other than unpolluted cooling water.
- SUPERINTENDENT
- The Superintendent of Sewage Works of the City of Bolivar, Polk County, Missouri, or his/her authorized deputy, agent or representative.
- SUSPENDED SOLIDS
- Solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
[R.O. 2009 § 720.020; R.O. 2007
§ 720.020; Ord. No. 554 Art. II, 7-6-1972]
A.
It shall be unlawful for any person to
place, deposit or permit to be deposited in any unsanitary manner
on public or private property within the City of Bolivar, Polk County,
Missouri, or in any area under the jurisdiction of said City of Bolivar,
any human or animal excrement, garbage or other objectionable waste.
B.
It shall be unlawful to discharge to any
natural outlet within the City of Bolivar, or in any area under the
jurisdiction of said City, any sewage or other polluted waters, except
where suitable treatment has been provided in accordance with subsequent
provisions of this Chapter.
C.
Except as hereinafter provided, it shall
be unlawful to construct or maintain any privy, privy vault, septic
tank, cesspool or other facility intended or used for the disposal
of sewage.
D.
The owner of all houses, buildings or properties
used for human occupancy, employment, recreation or other purposes,
situated within the City of Bolivar and abutting on any street, alley
or right-of-way in which there is now located or may in the future
be located a public sanitary or combined sewer of the City of Bolivar,
is hereby required at his/her expense to install suitable toilet facilities
herein and to connect such facilities directly with the proper public
sewer in accordance with the provision of this Chapter within ninety
(90) days after date of official notice to do so, provided that said
public sewer is within one hundred (100) feet (30.5 meters) of the
property line.
[R.O. 2009 § 720.030; R.O. 2007
§ 720.030; Ord. No. 554 Art. III, 7-6-1972]
B.
Before commencement of construction of
a private sewage disposal system, the owner shall first obtain a written
permit signed by the Superintendent. The application for such permit
shall be made on a form furnished by the City of Bolivar, which the
applicant shall supplement by any plans, specifications and other
information as are deemed necessary by the Superintendent. A permit
and inspection fee of one hundred dollars ($100.00) shall be paid
to the City of Bolivar at the time the application is filed.
C.
A permit for a private sewage disposal
system shall not become effective until the installation is completed
to the satisfaction of the Superintendent. He/she shall be allowed
to inspect the work at any stage of construction and, in any event,
the applicant for the permit shall notify the Superintendent when
the work is ready for final inspection and before any underground
portions are covered. The inspection shall be made within seventy-two
(72) hours of the receipt of notice by the Superintendent.
D.
The type, capacities, location and layout
of a private sewage disposal system shall comply with all recommendations
of the Department of Natural Resources of the State of Missouri. No
permit shall be issued for any private sewage disposal system employing
subsurface soil absorption facilities where the area of the absorption
facility is greater than twenty percent (20%) of the area of the lot.
E.
At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in this Section 720.030, a direct connection shall be made to the public sewer in compliance with this Chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
F.
The owner shall operate and maintain the
private sewage disposal facilities in a sanitary manner at all times,
at no expense to the City of Bolivar.
G.
No statement contained in this Section
shall be construed to interfere with any additional requirements that
may be imposed by a representative of the Missouri Clean Water Commission.
H.
When a public sewer becomes available,
the building sewer shall be connected to said sewer within sixty (60)
days and the private sewage disposal system shall be cleaned of sludge
and filled with clean bank-run gravel or dirt.
[R.O. 2009 § 720.040; R.O. 2007
§ 720.040; Ord. No. 554 Art. IV, 7-6-1972]
A.
No unauthorized person shall uncover, make
any connections with or opening into, use, alter or disturb any public
sewer or appurtenance thereof without first obtaining a written permit
from the Superintendent.
B.
There shall be two (2) classes of building
sewer permits:
1.
For residential and commercial service;
and
2.
For service to establishments producing
industrial wastes.
In either case, the owner or his/her
agent shall make application on a special form furnished by the City
of Bolivar. The permit application shall be supplemented by any plans,
specifications or other information considered pertinent in the judgment
of the Superintendent. A permit and inspection fee as established
by the City Administrator from time to time shall be paid to the City
of Bolivar at the time the application is filed.
|
C.
All costs and expense incident to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall indemnify the City of Bolivar from any loss or damage
that may directly or indirectly be occasioned by the installation
of the building sewer.
D.
A separate and independent building sewer
shall be provided for every building; except where one building stands
at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining
alley, court, yard or driveway, the building sewer from the front
building may be extended to the rear building and the whole considered
as one (1) building sewer.
E.
Old building sewers may be used in connection
with new building only when they are found, on examination and test
by the Superintendent, to meet all requirements of this Chapter.
F.
The size, slope, alignment, materials of
construction of a building sewer, and the methods to be used in excavating,
placing of the pipe, jointing, testing and backfilling the trench,
shall all conform to the requirements of the building and plumbing
codes or other applicable rules and regulations of the City of Bolivar.
In the absence of code provisions or in amplification thereof, the
material and procedures set forth in appropriate specifications of
the current edition of the A.S.T.M. and W.P.C.F. Manual of Practice
shall apply.
G.
Whenever possible, the building sewer shall
be brought to the building at an elevation below the basement floor.
In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such
building drain shall be lifted by an approval means and discharge
to the building sewer.
H.
No person shall make connection of roof
downspouts, exterior foundation drains, areaway drains or other sources
of surface runoff or groundwater to a building sewer or building drain
which in turn is connected directly or indirectly to a public sanitary
sewer.
1.
The connection of the building sewer
into the public sewer shall conform to the requirements of the building
and plumbing codes or other applicable rules and regulations of the
City of Bolivar or the procedures set forth in appropriate specifications
of the current edition of the A.S.T.M. and the W.P.C.F. Manual of
Practice. All such connections shall be made gastight and watertight.
Any deviation from the prescribed procedures and materials must be
approved by the Superintendent before installation.
I.
The applicant for the building sewer permit
shall notify the Superintendent when the building sewer is ready for
inspection and connection to the public sewer. The connection shall
be made under the supervision of the Superintendent or his/her representative.
J.
All excavations for building sewer installation
shall be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the City of Bolivar.
[R.O. 2009 § 720.050; R.O. 2007
§ 720.060; Ord. No. 554 Art. VI, 7-6-1972]
No unauthorized person shall maliciously,
willfully or negligently break, damage, destroy, uncover, deface or
tamper with any structure, appurtenances or equipment which is a part
of the sewage works. Any person violating this provision shall be
subject to immediate arrest under charge of disorderly conduct.
[R.O. 2009 § 720.060; R.O. 2007
§ 720.070; Ord. No. 554 Art. VII, 7-6-1972]
A.
The Superintendent and other duly authorized
employees of the City of Bolivar bearing proper credentials and identification
shall be permitted to enter all properties for the purposes of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this Chapter. The Superintendent or his/her representative
shall have no authority to inquire into any processes, including metallurgical,
chemical, oil refining, ceramic, paper or other industries beyond
that point having a direct bearing on the kind and course of discharge
to the sewers or waterways or facilities for waste treatment.
B.
While performing the necessary work on private properties referred to in Section 720.060, Subsection (A) above, the Superintendent or duly authorized employees of the City of Bolivar shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City of Bolivar employees and the City of Bolivar shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in this Chapter.
C.
The Superintendent and other duly authorized
employees of the City of Bolivar bearing proper credentials and identification
shall be permitted to enter all private property through which the
City holds a duly negotiated easement for the purposes of, but not
limited to, inspection, observation, measurement, sampling, repair
and maintenance of any portion of the sewage works lying within said
easement. All entry and subsequent work, if any, on said easements
shall be done in full accordance with the terms of the duly negotiated
easement pertaining to the private property involved.
[R.O. 2009 § 720.070; R.O. 2007
§ 720.080; Ord. No. 554 Art. VII, 7-6-1972]
A.
Any person found to be violating any provisions of this Article, except Section 720.050, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
Any person who shall continue any violation beyond the time limit provided for in this Section 720.070, Subsection (A) shall be guilty of an ordinance violation and on conviction thereof shall be fined in the amount as provided in Section 100.220 of this Code for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C.
Any person violating any of the provisions
of this Chapter shall become liable to the City for any expense, loss
or damage occasioned the City by reason of such violation.
[R.O. 2009 § 720.080; R.O. 2007
§ 720.101]
A.
This Article sets forth uniform requirements
for direct and indirect contributors into the wastewater collection
and treatment system for the City of Bolivar, Missouri, and enables
the City to comply with all applicable State and Federal laws required
by the Clean Water Act of 1977 and the General Pretreatment Regulations
(40 CFR Part 403).
The objective of this Article is:
1.
To prevent introduction of pollutants
into the municipality wastewater system which will interfere with
the operation of the system or contaminate the resulting sludge;
2.
To prevent the introduction of pollutants
into the municipal wastewater system which will pass through the system,
inadequately treated, into receiving waters or the atmosphere or otherwise
incompatible with the system;
3.
To improve the opportunity to recycle
and reclaim wastewaters and sludges from the system; and
4.
To provide for equitable distribution
of the cost of the municipal wastewater system.
B.
This Article provides for the regulation
of direct and indirect contributors to the municipal wastewater system
through the issuance of permits to certain non-domestic users and
through enforcement of general requirements for the other users, authorizes
monitoring and enforcement activities, requires user reporting, assumes
that existing customer's capacity will not be preempted, and provides
for the setting of fees for the equitable distribution of costs resulting
from the program established herein.
C.
This Article shall apply to the City of Bolivar, Missouri, and to persons outside the City of Bolivar who are, by contract or agreement with the City of Bolivar, users of the City of Bolivar POTW. This Article is a supplement to Ordinances included in Chapter 720 of the Municipal Code of the City of Bolivar, Missouri, as amended. Except as otherwise provided herein, the Superintendent of the City of Bolivar POTW shall administer, implement and enforce the provisions of this Article.
[R.O. 2009 § 720.090; R.O. 2007
§ 720.102]
Unless the context specifically indicates
otherwise, the following terms and phrases, as used in this Article,
shall have the meanings hereinafter designated:
- ACT or THE ACT
- The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
- APPROVAL AUTHORITY
- The Director in a NPDES State with an approved State pretreatment program and the Administrator of the EPA in a non-NPDES State or NPDES State without an approved State pretreatment program.
- AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
- An authorized representative of an industrial user may be:
- 1. A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
- 2. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;
- 3. A duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
- BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions in five (5) days at twenty degrees centigrade (20° C.), expressed in parts per million by weight.
- BUILDING DRAIN
- That part of the lowest piping of a drainage system which received the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning five (5) feet outside the building wall.
- BUILDING SEWER
- A sewer conveying wastewater from the premises of a user to the POTW.
- CATEGORICAL STANDARDS
- National Categorical Pretreatment Standards or Pretreatment Standard.
- CITY
- The City of Bolivar, Missouri, or the Board of Aldermen of the City of Bolivar, Missouri.
- CONTROL AUTHORITY
- Refers to the "approved authority" defined hereinabove; or the Superintendent if the City has an approved pretreatment program under the provisions of 40 CFR 403.11.
- COMMERCIAL AND INDUSTRIAL WASTES
- The water-carried wastes from commercial and industrial establishments as distinct from sanitary sewage.
- COOLING WATER
- The water discharges from any use such as air conditioning, cooling or refrigeration or to which the pollutant added is heat.
- DIRECT DISCHARGE
- The discharge of treated or untreated wastewater directly to the waters of the State of Missouri.
- DIRECTOR OF PUBLIC WORKS
- The Director of Public Works of the City of Bolivar and his/her duly authorized deputy, agent or representative.
- GRAB SAMPLE
- A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
- HOLDING TANK WASTE
- Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump trucks.
- INDIRECT DISCHARGE
- The discharge or introduction of non-domestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317) into the POTW.
- INDUSTRIAL USER
- A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
- INTERFERENCE
- The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the City's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substance Control Act or more stringent State criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
- NATIONAL (OR FEDERAL) CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
- Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
- NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
- A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
- NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD
- Any regulation developed under the authority of 307(b) of the Act and 40 CFR § 403.5.
- NEW SOURCE
- Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317) Categorical Pretreatment Standard which will be applicable to such source, if such standard is thereafter promulgated within one hundred twenty (120) days of proposal in the Federal Register. Where the standard is promulgated later than one hundred twenty (120) days after the proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
- PERSON
- Any individual, partnership, co-partnership, company, firm, corporation, association, joint stock company, trust, estate, governmental entity or any other legal identity or their legal representatives, agents or assigns. The masculine gender shall include feminine, the singular shall include the plural where indicated by the context.
- pH
- The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
- POLLUTANT
- Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
- POLLUTION
- The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
- POTW TREATMENT PLANT
- That portion of the POTW designed to provide treatment to wastewater.
- PPM
- Denoting parts per million the concentration of a material in pounds per million pounds per water (1 ppm = 1 milligram/liter, mg/l).
- PRETREATMENT
- The reduction of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to discharging or otherwise introducing such pollutants into the sewage works. The reduction or alteration can be obtained by physical, chemical or biological processes or other means except as prohibited by 10 CFR 403.6(d).
- PRETREATMENT REQUIREMENTS
- Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
- PUBLIC SEWER
- A public sanitary sewer, the initial cost of which was paid by public funds and which is controlled by public authority.
- PUBLICLY OWNED TREATMENT WORKS (POTW)
- A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the City of Bolivar who are, by contract or agreement with the City of Bolivar, users of the City of Bolivar's POTW.
- RECEIVING STREAM
- Any natural watercourse into which water, treatment plant effluent, combined sewer overflow or stormwater is discharged.
- SANITARY SEWAGE
- Those wastes which are comparable to wastes which originate in residential units and contain only human excrement and wastes from kitchen, laundry, bathing and other household facilities.
- SEWAGE
- A combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwaters as may be present.
- SEWAGE TREATMENT PLANT
- Any arrangement of devices and structures used for treating sewage.
- SEWER
- A pipe or conduit for carrying sewage.
- SEWERAGE WORKS
- All faculties for collecting, transporting, pumping, treating and disposing of sewage.
- SHALL
- Is mandatory "may" is permissive.
- SIGNIFICANT INDUSTRIAL USER (SIU)
- Any industrial user of the City's wastewater disposal system who:
- 1. Has in his/her wastes toxic pollutants as defined pursuant to Section 307 of the Act or Missouri Statutes and rules; or
- 2. Is found by the City, the Missouri Department of Natural Resources or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
- STANDARD LABORATORY METHODS
- Methods of analysis and testing as outlined in the latest edition of "Standard Methods for the Examination of Water and Sewage," published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
- STATE
- State of Missouri.
- STORM SEWER
- A sewer which carries storm and surface waters and drainage, but which is not to carry sanitary sewage and polluted industrial wastes.
- SUPERINTENDENT
- The Director of Public Works of the City or his/her authorized agent or representative.
- SUSPENDED SOLIDS
- Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are largely removable by standard laboratory methods.
- TOXIC POLLUTANT
- Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environment Protection Agency under the provision of CWA 307(a) or other Acts.
- USER
- Any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
- WASTEWATER
- The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which is contributed with or permitted to enter the POTW.
- WATERCOURSE
- A receiving stream.
- WATERS OF THE STATE
- All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the State or any portion thereof.
[R.O. 2009 § 720.100; R.O. 2007
§ 720.103]
The following abbreviations shall
have the designated meaning:
BOD
|
Biochemical Oxygen Demand
|
CFR
|
Code of Federal Regulations
|
COD
|
Chemical Oxygen Demand
|
EPA
|
Environmental Protection Agency
|
l
|
Liter
|
mg
|
Milligram
|
mg/l
|
Milligrams per Liter
|
NPDES
|
National Pollutant Discharge Elimination
System
|
POTW
|
Publicly Owned Treatment Works
|
SIC
|
Standard Industrial Classification
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C.
6901 et seq.
|
USC
|
United States Code
|
TSS
|
Total Suspended Solids
|
[R.O. 2009 § 720.104; R.O. 2007
§ 720.104]
A.
No user shall contribute or cause to be
contributed, directly or indirectly, any pollutant or wastewater which
will interfere with the operation or performance of the POTW of the
City of Bolivar. These general prohibitions apply to all such users
of the POTW of the City of Bolivar whether or not the user is subject
to National Categorical Pretreatment Standards or any other National,
State or local pretreatment standards or requirements. A user may
not contribute the following substances to the POTW of the City of
Bolivar:
1.
Any liquids, solids or gases which
by reason of their nature or quantity are or may be sufficient either
along or by interaction with other substances to cause fire or explosion
or be injurious in any other way to the POTW of the City of Bolivar
or to the operation of the POTW of the City of Bolivar. At no time
shall two (2) successive readings on an explosion hazard meter, at
the point of discharge into the system (or at any point in the system)
be more than five percent (5%) nor any single reading over ten percent
(10%) of the lower explosive limit (LEL) of the meter. Prohibited
materials include, but are not limited to, gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and sulfides
and any other substances which the City or State or EPA has notified
the user is a fire hazard or a hazard to the system.
2.
Solid or viscous substances which
may cause obstruction to the flow in a sewer or other interference
with the operation of the wastewater treatment facilities such as,
but not limited to: grease, garbage with particles greater than one-half
(1/2) inch in any dimension, animal guts or tissues, paunch manure,
bones, hair, hides or fleshings, entrails, whole blood, feathers,
ashes, cinders, sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains, spent hops,
waste paper, wood, plastics, gas, tar, asphalt residues, resides from
refining or processing of fuel or lubrication oil, mud or glass grinding
or polishing wastes.
3.
Any wastewater containing toxic pollutants
in sufficient quantity, either singly or by interaction with other
pollutants, to injure or interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a toxic effect in
the receiving waters of the POTW or to exceed the limitation set forth
in a Categorical Pretreatment Standard. A toxic pollutant shall include,
but not be limited to, any pollutant identified pursuant to Section
307(a) of the Act.
4.
Any wastewater having a pH less than
five (5.0), unless the POTW is specifically designed to accommodate
such wastewater or wastewater having any other corrosive property
capable of causing damage or hazard to structures, equipment and/or
personnel of the POTW.
5.
Any noxious or malodorous liquids,
gases or solids which either singly or by interaction with other wastes
are sufficient to create a public nuisance or hazard to life or are
sufficient to prevent entry into the sewers for maintenance and repair.
6.
Any wastewater with objectionable
color not removed in the treatment process such as, but not limited
to, dye wastes and vegetable tanning solutions.
7.
Any wastewater having a temperature
which will inhibit biological activity in the POTW treatment plant
resulting in interference, but in no case wastewater with a temperature
at the introduction into the POTW which exceeds forty degrees Centigrade
(40° C.) [one hundred four degrees Fahrenheit (104° F.)] unless
the POTW treatment plant is designed to accommodate such temperature.
8.
Any wastewater containing any radioactive
wastes or isotopes of such half-life or concentration as may exceed
limits established by the Superintendent in compliance with applicable
State or Federal regulations.
9.
Any water or wastes containing a
concentration of total phenols in excess of five-tenths (0.5) ppm.
10.
Any substance which may cause the
POTW's effluent or any other product of the POTW such as residues,
sludges or scums to be unsuitable for reclamation and reuse or to
interfere with the reclamation process. In no case shall a substance
discharged to the POTW cause the POTW to be in non-compliance with
sludge use or disposal criteria, guidelines or regulations developed
under Section 405 of the Act; any criteria, guidelines or regulations
affecting sludge use or disposal developed pursuant to the Solid Waste
Disposal Act, the Clean Air Act, the Toxic Substances Control Act
or State criteria applicable to the sludge management method being
used.
11.
Any pollutants, including oxygen
demanding pollutants (BOD, etc.) released at a flow rate and/or pollutants
concentration which a user knows or has reason to know will cause
interference to the POTW. In no case shall a slug load have a flow
rate or contain concentration or quantities of pollutants that exceed
for any time period longer than fifteen (15) minutes more than five
(5) times the average twenty-four-hour concentration, quantities or
flow during normal operation.
12.
Any wastewater which causes a hazard
to human life or creates a public nuisance.
13.
Any substance which will cause the
POTW to violate its NPDES and/or State disposal system permit or the
receiving water quality standards.
B.
When the Superintendent determines that
a user is contributing to the POTW any of the above substances in
such amounts as to interfere with the operation of the POTW, the Superintendent
shall:
[R.O. 2009 § 720.105; R.O. 2007
§ 720.105]
Upon the promulgation of the Federal
Categorical Pretreatment Standards for a particular industrial subcategory,
the Federal standard, which is more stringent than limitations imposed
under this Chapter for sources in that subcategory, shall immediately
supersede the limitations imposed under this Article. The Superintendent
shall notify the affected users of the applicable reporting requirements
under 40 CFR 403.12.
[R.O. 2009 § 720.106; R.O. 2007
§ 720.106]
Where the City's wastewater treatment
system achieves consistent removal of pollutants by Federal Pretreatment
Standards, the City may apply to the approval authority for modification
of specific limits in the Federal Pretreatment Standards. "Consistent
removal" shall mean reduction in the amount of a pollutant or alteration
of the nature of the pollutant by the wastewater treatment system
to a less toxic or harmless state in the effluent which is achieved
by the system ninety-five percent (95%) of the samples taken when
measured according to the procedures set forth in Section 403.7(c)(2)
Pretreatment Regulations for Existing and New Sources of Pollution
promulgated pursuant to the Act. The City may then modify pollutant
discharge limits in the Federal Pretreatment Standards if the requirements
contained in 40 CFR Part 403, § 403.7, are fulfilled and
prior approval from the approval authority is obtained.
[R.O. 2009 § 720.107; R.O. 2007
§ 720.107]
The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in Section 720.080 of this Article.
[R.O. 2009 § 720.108; R.O. 2007
§ 720.108]
No user shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards or in any other pollutant-specific limitation developed by the City or State. (Comment: Dilution may be an acceptable means of complying with some of the prohibitions set forth in Section 720.104, e.g., the pH prohibitions.)
[R.O. 2009 § 720.109; R.O. 2007
§ 720.109]
A.
Each user shall provide protection from
accidental discharge of prohibited materials or other substances regulated
by this Article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner's or user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the City
of Bolivar and shall be approved by the City of Bolivar before construction
of the facility. All existing Users shall complete such a plan by
January 1, 1988. No user who commences contribution to the POTW after
the effective date of this Article shall be permitted to introduce
pollutants into the system until accidental discharge procedures have
been approved by the City of Bolivar. Review and approval of such
plans and operating procedures shall not relieve the industrial user
from the responsibility to modify the user's facility as necessary
to meet the requirements of this Article. In the case of an accidental
discharge, it is the responsibility of the user to immediately telephone
and notify the POTW of the incident. The notification shall include
location of discharge, type of waste, concentration and volume and
corrective actions. Within five (5) days following an accidental discharge,
the user shall submit to the Superintendent a detailed written report
describing the cause of the discharge and the measures to be taken
by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage or other liability
which may be incurred as a result of damage to the POTW, fish kills
or other damage to persons or property; nor shall such notification
relieve the user of any fines, civil penalties or other liability
which may be imposed by this Article or other applicable law.
B.
A notice shall be permanently posted on
the user's bulletin board or other prominent place advising employees
whom to call in the event of a dangerous discharge. Employers shall
insure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedure.
[R.O. 2009 § 720.110; R.O. 2007
§ 720.110]
A.
If any waters or wastes are discharged or are proposed to be discharged into the sewers of the City of Bolivar which contains any quantity of substance having the characteristics described in Section 720.104 or are in violation of the standards of pretreatment provided in Chapter 1, EPA Rules and Regulations, Subchapter (D), Water Programs Part 403 — Pretreatment Standards, Federal Register Volume 46, No. 18, Wednesday, January 26, 1981, and any amendments thereto, and which, in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes or equipment or receiving waters or which otherwise may create hazard to life or constitute a public nuisance, the Superintendent may:
B.
Users shall provide necessary wastewater
treatment as required to comply with this Article and shall achieve
compliance with all Federal Categorical Pretreatment Standards within
the time limitations as specified by the Federal Pretreatment Standards
within the time limitations as specified by the Federal Pretreatment
Regulations. Any facilities required to pretreat wastewater to a level
acceptable to the City of Bolivar, Missouri, shall be provided, operated
and maintained at the user's expense. Detailed plans showing the pretreatment
facilities and operating procedures shall be submitted to the City
for review and can only be approved if passed by the State. City and
State approval must be obtained before construction of the facilities.
The review of such plans and operating procedures will in no way relieve
the user from the responsibility of modifying the facility as necessary
to produce an effluent acceptable to the City under the provisions
of this Article. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
City prior to the user's initiation of the changes.
C.
The City shall annually publish in the
local newspaper a list of users which, during the previous twelve
(12) months, were significantly violating applicable pretreatment
standards or requirements. A "significant violation" shall be:
D.
All records relating to compliance with
pretreatment standards shall be made available to officials of the
EPA or approval authority upon request.
E.
Information and data on a user obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction, unless the user specifically
requests and is able to demonstrate to the satisfaction of the City
that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the user.
F.
When requested by the person furnishing
a report, the portions of a report which might disclose trade secrets
of secret processes shall not be made available for inspection by
the public, but shall be made available upon written request to governmental
agencies for uses related to this Article, the National Pollutant
Discharge Elimination System (NPDES) permit, State disposal system
permit and/or the pretreatment programs; provided, however, that such
portions of a report shall be available for use by the State or any
State agency in judicial review or enforcement proceedings involving
the person furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
G.
Information accepted by the City as confidential
shall not be transmitted to any governmental agency or to the general
public by the City until and unless a ten (10) day notification is
given to the user.
[R.O. 2009 § 720.111; R.O. 2007
§ 720.111]
A.
In lieu of introducing untreated or partially
treated wastewater into the POTW, the owner of the premises producing
such waste may construct and operate at his/her expense private waste
treatment facilities with the effluent discharged to the waters of
the State, provided:
1.
The design and operation of such
facilities shall continuously produce an effluent which is in compliance
with standards that may be imposed by the Director and the State of
Missouri.
2.
Construction drawings, specifications
and other pertinent information relating to such proposed treatment
facilities shall be prepared by the owner at his/her expense and shall
be submitted to the Director and the State of Missouri. Construction
shall be in accordance with such approved plans and shall not commence
until such approvals are obtained in writing, appropriate permits
are obtained and charges or fees are paid.
3.
Such facilities shall be operated
and maintained in a satisfactory and an effective manner by the owner
at his/her expense. Such facilities shall be subject to inspection
by the Director at reasonable times with reasonable notice.
[R.O. 2009 § 720.112; R.O. 2007
§ 720.112; Ord. No. 1209 § 3, 5-27-1992]
A.
All significant industrial users (SIUs) as defined in Section 720.090 shall submit during the months of January, April, July and October a self-monitoring report to the Superintendent. The report shall contain the results of sampling and analysis of the discharge, including the flow rate and the nature of concentration or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standard. The frequency of monitoring shall be as prescribed in Section 720.113.
B.
The reporting frequency for any industry
may be altered by the Superintendent upon consideration of such factors
as actual flow rates and pollutant concentrations, seasonal production
schedules, etc.
[R.O. 2009 § 720.113; R.O. 2007
§ 720.113]
A.
All significant industrial users (SIUs)
shall be required to monitor their discharge at the frequency stipulated
in the individual industrial discharge permit issued for each SIU.
The minimum frequency for any SIU shall be once every three (3) months.
Monitoring shall consist of sampling the discharge on a composite
basis over a twenty-four-hour period and determining the nature and
concentration of pollutants contained therein which are limited by
the applicable pretreatment standard. Upon promulgation of a Federal
Categorical Pretreatment Standard for a particular industrial category
containing more stringent monitoring requirements, the requirements
of this Section shall immediately be superseded. The Superintendent
shall notify all affected users of the more stringent requirements.
B.
All analysis shall be performed in accordance
with procedures established by the Administrator pursuant to Section
304(g) of the Act and contained in 40 CFR Part 136 and amendments
thereto or with any other test procedures approved by the Administrator.
Sampling shall be performed in accordance with the techniques approved
by the Administrator.
C.
Where 40 CFR Part 136 does not include
a sampling and analytical technique for the pollutant in question,
sampling and analysis shall be performed in accordance with the procedures
set forth in EPA Publication "Sampling and Analysis Procedures for
Screening of Industrial Effluents for Priority Pollutants," April,
1977, and amendments thereto, or with any other sampling and analytical
procedures approved by the Administrator.
[R.O. 2009 § 720.114; R.O. 2007
§ 720.114]
Every person discharging any industrial
waste mixture into the sewers or sewage works of the City of Bolivar
or into any sewer connected thereto may be required to keep and maintain
records of the date required by the discharge permit required by this
Article and such records shall be available for inspection during
regular business hours by authorized representatives or employees
of the City of Bolivar upon presenting written credentials of their
authority, and such representatives or employees shall be permitted
to make and retain copies of such records.
[R.O. 2009 § 720.115; R.O. 2007
§ 720.115]
A.
The City of Bolivar shall require to be
provided and operated by the SIU's own expense a control manhole to
allow inspection, sampling and flow measurement of the building sewer
and/or internal drainage systems. The control manhole shall normally
be situated on the user's premises, but the City of Bolivar may, when
such location would be impractical or cause undue hardship of the
user, allow the facility to be constructed in the public street or
alley area and located so that it will not be obstructed by landscaping
or parked vehicles.
B.
There shall be ample room in or near such
control manhole or facility to allow accurate sampling and preparation
of samples for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
[R.O. 2009 § 720.116; R.O. 2007
§ 720.116]
Each industrial user shall provide
protection from accidental discharge of prohibited materials or other
substances regulated by this Article. Facilities to prevent accidental
discharge of prohibited materials shall be provided and maintained
at the owner's or user's cost and expense. Detailed plans showing
facilities and operating procedures to provide this protection shall
be submitted to the City of Bolivar before construction of the facility
or before industrial work is commenced. No user shall be permitted
to introduce pollutants into the sewer system until accident discharge
procedures have been approved by the City of Bolivar. Review and approval
of such plans and operating procedures shall not relieve the user
from the responsibility to modify the user's facilities as necessary
to meet the requirements of this Section.
[R.O. 2009 § 720.117; R.O. 2007
§ 720.117]
A.
Any spill or accidental discharge of wastes
which may create an explosion hazard in the sewage works or in any
way a deleterious effect upon these works, treatment process or constitute
a hazard to human beings, animals or the receiving stream shall be
immediately reported to the Superintendent by the person responsible
for such spill or accidental discharge.
B.
Such notification shall set forth the time
and place of the spill or discharge, the type and quantity of material
included in the waste, and actions taken to stop the spill or discharge.
C.
It shall be the responsibility of each
person having knowledge of the spill or accidental discharge to have
available, insofar as practicable and reasonable, the following information:
D.
It shall be the responsibility of each
person responsible for the spill or accidental discharge to provide
the Superintendent with written verification of what measures are
to be taken to prevent a recurrence of any such spill or accidental
discharge. Such information shall be in the hands of the Superintendent
within seven (7) days after the spill or accidental discharge occurred.
This report shall also include a description of the cause of the spill
or accidental discharge. Such notification shall not relieve the user
of any expense, loss, damage or other liability which may be incurred
as a result of damage to the POTW, fish kills or any other damage
to person or property; nor shall such notification relieve the user
of any fines, civil penalties or other liability which may be imposed
by this Section or other applicable law.
[R.O. 2009 § 720.118; R.O. 2007
§ 720.118]
A.
No person shall tamper with any sewer lines
or make any connection to the sanitary sewage system of the City of
Bolivar, either direct or indirect, without written permission from
the City of Bolivar or reconnect sewer services when such services
have been disconnected for non-payment of a bill for sewage services
or for any other cause unless such bill for sewage services, including
charges for disconnection, has been paid in full.
B.
No person shall maliciously or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is part of the municipal sanitary
sewerage system.
[R.O. 2009 § 720.119; R.O. 2007
§ 720.119]
A.
Information and data on a user obtained
from reports, questionnaires, permit applications, permits or monitoring
programs and from inspections shall be available to the public or
other government agencies without restriction, unless the user specifically
requests and is able to demonstrate to the satisfaction of the City
of Bolivar that the release of such information would divulge information,
processes or methods of production entitled as trade secrets of the
user.
B.
When requested by the person furnishing
a report, 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 upon written request to governmental
agencies for uses related to the Article, provided that such portions
of a report shall be available for use by the State in judicial review
or enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics will not be recognized
as confidential information.
C.
Information accepted by the City as confidential
shall not be transmitted to any governmental agency or to the general
public by the City of Bolivar until and unless a ten-day notification
is given to the user.
[R.O. 2009 § 720.120; R.O. 2007
§ 720.120]
A.
The City of Bolivar may adopt charges and
fees which may include:
1.
Fees for reimbursement of costs of
setting up and operating a pretreatment program.
2.
Fees for reimbursement of laboratory
expense to determine current analysis of POTW influent, effluent and
sludge.
3.
Fees for monitoring, inspections
and surveillance procedures, including all expense at an approved
laboratory.
4.
Fees for reviewing accidental discharge
procedures and construction.
5.
Fees for permit applications.
6.
Fees for filing appeals.
7.
Fees for consistent removal by the
City of Bolivar of pollutants otherwise subject to Federal Pretreatment
Standards.
8.
Other fees as the City may deem necessary
to carry out the requirements contained herein.
B.
These fees relate solely to the matters
covered by this Article and are separate from all other fees chargeable
by the City.
[R.O. 2009 § 720.121; R.O. 2007
§ 720.121]
It shall be unlawful to discharge
without a City of Bolivar permit to any natural outlet within the
City of Bolivar or in any area under the jurisdiction of said City
of Bolivar, and/or to the POTW any wastewater except as authorized
by the Superintendent in accordance with the provisions of this Article.
[R.O. 2009 § 720.122; R.O. 2007
§ 720.122; Ord. No. 1209 § 3, 5-27-1992]
A.
General Permits. All significant users
proposing to connect to or to contribute to the POTW shall obtain
a wastewater discharge permit before connecting to or contributing
to the POTW. All existing significant users connected to or contributing
to the POTW shall obtain a wastewater contribution permit within ninety
(90) days after the effective date of this Article.
B.
Permit Application.
1.
Users required to obtain a wastewater
contribution permit shall complete and file with the City of Bolivar
an application in the form prescribed by the City, and accompanied
by a fee of one hundred dollars ($100.00). Existing users shall apply
for a wastewater contribution permit within thirty (30) days after
the effective date of this Article, and proposed new users shall apply
at least ninety (90) days prior to connecting to or contributing to
the POTW. In support of the application, the user shall submit, in
units and terms appropriate for evaluation, the following information:
a.
Name, address and location (if different
from the address);
b.
SIC number according to the Standard
Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
c.
Wastewater constituents and characteristics including, but not limited to, those mentioned in Section 720.104 of this Chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended;
d.
Time and duration of contribution;
e.
Average daily and three (3) minute
peak wastewater flow rates, including daily, monthly and seasonal
variations, if any;
f.
Site plans, floor plans, mechanical
and plumbing plans and details to show all sewers, sewer connections
and appurtenances by the size, location and elevation;
g.
Description of activities, facilities
and plant processes on the premises including all materials which
are or could be discharged;
h.
Where known, the nature and concentration
of any pollutants in the discharge which are limited by any City,
State, Federal pretreatment standards, and a statement regarding whether
or not the 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 of the user to meet applicable
pretreatment standards;
i.
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.
The completion date in this Article shall not be later than the compliance
date established for the applicable pretreatment standard;
The following conditions shall apply
to this schedule:
(1)
The schedule shall contain
increments of progress 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 (e.g., hiring an engineer, completing preliminary
plans, completing final plans, executing contract for major components,
commencing construction, completing construction, etc.).
(2)
No increment referred to in Subsection (B)(1)(i)(1) shall exceed nine (9) months.
(3)
Not later than fourteen
(14) days following each date in the schedule and the final date for
compliance, the user shall submit a progress report to the Superintendent
including, as a minimum, whether or not it complied with the increment
of progress to be met on such date and, if not, the date on which
it expects to comply with this increment of progress, the reason for
delay, and the steps being taken by the user to return the construction
to the schedule established. In no event shall more than nine (9)
months elapse between such progress reports to the Superintendent.
j.
Each product by type, amount, process
or processes and rate of production;
k.
Type and amount of raw materials
processed (average and maximum/day);
l.
Number and type of employees and
hours of operation of plant and proposed or actual hours of operation
of pretreatment system;
m.
Any other information as may be deemed
by the City to be necessary to evaluate the permit application.
2.
The City will evaluate the data furnished
by the user and may require additional information. After evaluation
and acceptance of the data furnished, the City may issue a wastewater
contribution permit subject to terms and conditions provided herein.
C.
Permit Modifications. Within nine (9) months of promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. Where a user, subject to National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater contribution permit as required in Section 720.122, the user shall apply for an applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent within one hundred eighty (180) days after the promulgation of an applicable Federal Categorical Pretreatment Standard information required by Subsections (h) and (i) in Section 720.122(B)(1) (Wastewater Contribution Permits).
D.
Permit Conditions. Wastewater discharge
permits shall be expressly subject to all provisions of this Article
and other applicable regulations, user charges and fees established
by the City. Permits may contain the following:
1.
The unit charge or schedule of user
charges and fees for the wastewater to be discharged to a community
sewer;
2.
Limits on the average and maximum
wastewater constituents and characteristics;
3.
Limits on average and maximum rate
and time of discharge or requirements for flow regulations and equalization;
4.
Requirements for installation and
maintenance of inspection and sampling facilities;
5.
Specifications for monitoring programs
which may include sampling locations, frequency of sampling, number,
types and standards for tests and reporting schedules;
6.
Compliance schedules;
7.
Requirements for submission of technical
reports or discharge reports;
8.
Requirements for maintaining and
retaining plant records relating to wastewater discharge as specified
by the City and affording City access thereto;
9.
Requirements for notification of
the City or any new introduction of wastewater constituents or any
substantial change in the volumes or character of the wastewater constituents
being introduced into the wastewater treatment system;
10.
Requirements for notification of
slug discharges;
11.
Other conditions as deemed appropriate
by the City to ensure compliance with this Article.
E.
Permit Duration. Permits shall be issued for a specified period of time, not to exceed two (2) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for a permit reissuance a minimum of one hundred eighty (180) days prior to expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in Section 720.104 are modified or other just cause exists. The user shall be informed of any proposed changes in his/her permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F.
Permit Transfer. Wastewater discharge permits
are issued to a specific user for a specific operation. A wastewater
discharge permit shall not be reassigned or transferred or sold to
a new owner, new user, different premises or a new or changed operation
without the approval of the City. Any succeeding owner or user shall
also comply with the terms and conditions of the existing permit.
[R.O. 2009 § 720.123; R.O. 2007
§ 720.123]
A.
Compliance Date Report. Within ninety (90)
days following the date for final compliance with applicable pretreatment
standards or, in the case of a new source, following commencement
of the introduction of wastewater into the POTW, any user subject
to pretreatment standards and requirements shall submit to the Superintendent
a report indicating the nature and concentration of all pollutants
in the discharge from the regulated process which are limited by pretreatment
standards and requirements and the average and maximum daily flow
for these process units in the user facility which are limited by
such pretreatment standards or requirements. The report shall state
whether the applicable pretreatment standards or requirements are
being met on a consistent basis and, if not, what additional O&M
and/or pretreatment is necessary to bring the user into compliance
with the applicable pretreatment standards or requirements. This statement
shall be signed by an authorized representative of the industrial
user and certified to by a qualified professional.
B.
Periodic Compliance Report.
1.
Any user subject to a pretreatment
standard, after the compliance date of such pretreatment standard
or, in the case of a new source, after commencement of the discharge
into the POTW, shall submit to the Superintendent during the months
of June and December, unless required more frequently in the pretreatment
standard or by the Superintendent, a report indicating the nature
and concentration, of pollutants in the effluent which are limited
by such pretreatment standards. In addition, this report shall include
a record of all dally flows which during the reporting period exceeded
the average daily flow previously indicated. At the discretion of
local high or low flow rates, holidays, budget cycles, etc., the Superintendent
may agree to alter the months during which the above reports are to
be submitted.
2.
The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required in Subsection (B)(1) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, and amendments thereto, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. (Note: Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)
C.
Inspection And Sampling. The City shall
inspect the facilities of any user to ascertain whether the purpose
of this Article is being met and all requirements are being complied
with. Persons or occupants of premises where wastewater is created
or discharged shall allow the City or their representative ready access
at all reasonable times to all parts of the premises for the purpose
of inspection, sampling, records examination or in the performance
of any of their duties. The City, approval authority and (where NPDES
State is the approval authority) the EPA shall have the right to set
up on the user's property such devices as are necessary to conduct
sampling inspection, compliance monitoring and/or metering operations.
Where a user has security measures in force which would require proper
identification and clearance before entry into their premises, the
user shall make necessary arrangements with their security guards
so that upon presentation of suitable identification, personnel from
the City, approved authority and EPA will be permitted to enter, without
delay, for the purposes of performing their specific responsibilities.
[R.O. 2009 § 720.124; R.O. 2007
§ 720.124]
Any premises connected to the POTW under the provisions of Section 720.122 shall be deemed so connected as a privilege extended by the City and not as a matter of right and shall in no way relieve any such premises from its lawful share of any special assessment heretofore and hereafter made for the payment in whole or in part of the cost of construction of sanitary sewers.
[R.O. 2009 § 720.125; R.O. 2007
§ 720.125; Ord. No. 2520, 12-16-2004; Ord. No. 2587, 12-8-2005]
A.
It is determined and declared to be necessary
and conductive to the protection of the public health, safety, welfare
and convenience of the City to collect charges from all users who
contribute wastewater to the City's treatment works. The proceeds
of such charges so derived will be used for the purpose of operating
and maintaining the public wastewater treatment works.
B.
Definitions. Unless the context specifically
indicates otherwise, the meaning of terms used in this Section shall
be as follows:
- BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Centigrade (20° C.), expressed in milligrams per liter (mg/l).
- NORMAL DOMESTIC WASTEWATER
- Wastewater that has a BOD concentration of not more than two hundred fifty (250) mg/l and a suspended solids concentration of not more than two hundred fifty (250) mg/l.
- OPERATION AND MAINTENANCE
- All expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.
- REPLACEMENT
- Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
- RESIDENTIAL CONTRIBUTOR
- Any contributor to the City's treatment works whose lot, parcel of real estate or building is used for domestic dwelling purposes only.
- SHALL
- Is mandatory; "may" is permissive.
- SS (DENOTING SUSPENDED SOLIDS)
- Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
- TREATMENT WORKS
- Any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.
- USEFUL LIFE
- The estimated period during which a treatment works will be operated.
- USER CHARGE
- That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.
- WATER METER
- A water volume measuring and recording device furnished and/or installed by the City of Bolivar or furnished and/or installed by a user and approved by the City of Bolivar.
C.
Operation, Maintenance And Replacement
Fund.
1.
The user charge system shall generate
adequate annual revenues to pay the costs of the annual operation
and maintenance including replacement of the treatment works which
the City may by ordinance designate to be paid by the user charge
system. That portion of the total user charge which is designated
for operation and maintenance including replacement of the treatment
works shall be established by this Section.
2.
That portion of the total user charge
collected, which is designated for operation and maintenance including
replacement purposes as established hereinafter, shall be deposited
in a separate non-lapsing fund known as the "Operation, Maintenance
and Replacement Fund" and will be kept in two (2) primary accounts
as follows:
a.
An account designated for the specific
purpose of defraying operation and maintenance costs (excluding replacement)
of the treatment works (Operation and Maintenance Account).
b.
An account designated for the specific
purpose of ensuring replacement needs over the useful life of the
treatment works (Replacement Account). Upon the imposition of the
actual rates as hereinafter set forth, deposits in the replacement
account shall be made at least annually from the operation, maintenance
and replacement revenue in the amount of seventy-five thousand four
hundred twenty-seven dollars ($75,427.00) annually. These deposits
may be calculated in the manner set forth in Appendix B.[1]
[1]
Editor's Note: Appendix B is on file in the
City offices.
c.
Fiscal year-end balances in the operation
and maintenance account and the replacement account shall be carried
over to the same accounts in the subsequent fiscal year and shall
be used for no other purposes than those designated for these accounts.
Monies which have been transferred from other sources to meet temporary
shortages in the Operation, Maintenance and Replacement Fund shall
be returned to their respective accounts upon appropriate adjustment
of the user charge rates for operation, maintenance and replacement.
The user charge rates shall be adjusted such that the transferred
monies will be returned to their respective accounts within the fiscal
year following the fiscal year in which the monies were borrowed.
Provided, however, that no adjustment shall be made for general revenue
funds used to supplement the operation, maintenance and replacement
fund prior to the effective date of the imposition of the actual rates
as hereinafter set forth. Until such time as the said actual rates
become effective as hereinafter provided it shall be the policy of
the City to supplement any deficit in the Operation, Maintenance and
Replacement Fund with general revenue funds of the City.
D.
Classes Of Users — Charges. The following
classes of users and charges to those users are hereby established
as follows:
Class I: Residential, Light Commercial And Light Institutional Users. Class I users are single-family contributors and non-residential users who contribute less than ten thousand (10,000) gallons per month or less of wastewater that is less than or equal to normal domestic strength wastewater. The current rate for this class of user is established by and set forth in the provisions of Section 710.050 of the Bolivar Municipal Code, as amended. The standard rate for Class I is eleven dollars ($11.00) per month for the first two thousand (2,000) gallons plus one dollar thirty-four cents ($1.34) per thousand gallons thereafter for the operation and maintenance, including replacement, as determined in Appendix "A" which is incorporated by reference as if fully set forth herein.[2] The standard rate may be reduced if and to the extent
that the City subsidizes the standard rate by applying an appropriation
to the sewer fund from the capital improvement sales tax or other
revenue sources other than sewage user revenues. This reduction in
the standard rate shall be calculated as shown on Appendix "A."
Class II: Heavy Commercial/industrial
Users. Class II users are commercial and industrial users whose use
of the sewer system may be extensive but whose BOD and SS do not exceed
the limitations described in Appendix "A."[3] User charges shall be based on water used during the current month. If a commercial or industrial contributor has a consumptive use of water or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor shall be based on a wastewater meter or a separate water meter installed and maintained at the contributor's expense and in a manner acceptable to the City. The current rate for a Class II user is established by and set forth in the provisions of Section 710.050 of the Bolivar Municipal Code, as amended. The standard rate is the same as a Class I user and the provisions relating to the standard rate and the subsidized standard rate as set forth above under Class I users are incorporated herein and made a part hereof by reference.
Class III: Extra Strength Users.
Class III users are those contributors who contribute wastewater,
the strength of which is greater than normal domestic sewage as determined
under Section 6 of Appendix "A."[4] The current rate for Class III users is established by and set forth in the provisions of Section 710.050 of the Bolivar Municipal Code, as amended. The standard rate is the rate applicable to Class I and Class II users and the provisions thereof relating to the standard rate and the subsidized standard rate are incorporated herein by reference. In addition, Class III users will pay an additional rate per pound of excess BOD at the rate of twenty-three cents ($.23) per pound and excess SS at the rate of twenty cents ($.20) per pound. These surcharges shall be calculated as shown on Appendix "A."
E.
User To Pay Increased Costs — When.
Any user which discharges any toxic pollutants which cause an increase
in the cost of managing the effluent or the sludge from the City's
treatment works or any user which discharges any substance which singly
or by interaction with other substances causes identifiable increases
in the cost of operation, maintenance or replacement of the treatment
works shall pay for such increased costs. The charge to each such
user will be as determined by the responsible plant personnel and
approved by the Board of Aldermen.
F.
Rates Apply To All Users. The user charge
rates established herein apply to all users, regardless of their location,
of the City's treatment works.
G.
Monthly Billing — Late Payment Penalty.
1.
All Users Shall Be Billed Monthly.
Billings for any particular month shall be made within thirty (30)
days after the end of that month. Payments are due when the billings
are made. Any payment not received within thirty (30) days after the
billing is made shall be delinquent.
2.
A late payment penalty of ten percent
(10%) of the user charge bill will be added to each delinquent bill
for each thirty (30) days of delinquency. When any bill is thirty
(30) days in default, rendition of water and/or sewer service to such
premises shall be discontinued until such bill and all charges for
disconnection and reconnection are paid.
H.
Review Of User Charge System.
1.
The City will review the user charge
system at least every two (2) years and revise user charge rates as
necessary to ensure that the system generates adequate revenues to
pay costs of operation and maintenance, including replacement, and
that the system continues to provide for the proportional distribution
of operation and maintenance, including replacement, costs among users
and user classes. Any excess revenues collected from a class of users
shall be credited to that class for the next year and its rates will
be adjusted accordingly.
2.
The City will notify each user at
least annually, in conjunction with a regular bill, of the rate being
charged for operation and maintenance, including replacement, of the
treatment works.
[R.O. 2009 § 720.127; R.O. 2007
§ 720.127]
A.
The City of Bolivar may suspend wastewater
treatment service and/or a wastewater contribution permit when such
suspension is necessary, in the opinion of the City, in order to stop
an actual or threatened discharge which presents or may present an
imminent or substantial endangerment to the health or welfare of persons,
to the environment, causes interfere to the POTW or causes the City
to violate any condition of its NPDES permit.
B.
Any person notified of a suspension of
the wastewater treatment service and/or the wastewater contribution
permit shall immediately stop or eliminate the contribution. In the
event of a failure of the person to comply voluntarily with the suspension
order, the City shall take such steps as deemed necessary, including
immediate severancement of the sewer connection, to prevent or minimize
damage to the POTW system or endangerment to any individuals. The
City shall reinstate the wastewater contribution permit and/or the
wastewater treatment service upon proof of the elimination of the
non-complying discharge. A detailed written statement submitted by
the user describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence shall be submitted
to the City within fifteen (15) days of the date of occurrence.
[R.O. 2009 § 720.128; R.O. 2007
§ 720.128]
A.
Any user who violates the following conditions
of this Article or applicable State and Federal regulations is subject
to having his/her permit revoked:
1.
Failure of a user to factually report
the wastewater constituents and characteristics;
2.
Failure of the user to report significant
changes in operations or wastewater constituents or characteristics;
3.
Refusal of reasonable access to the
user's premises for the purpose of inspection or monitoring; or
4.
Violation of conditions of the permit.
[R.O. 2009 § 720.129; R.O. 2007
§ 720.129]
Whenever the City finds that any
user has violated or is violating this Article, wastewater contribution
permit or any prohibition, limitation or requirements contained herein,
the City may serve upon such a person a written notice stating the
nature of the violation. Within thirty (30) days of the date of the
notice, a plan for the satisfactory correction thereof shall be submitted
to the City by the user.
[R.O. 2009 § 720.130; R.O. 2007
§ 720.130]
A.
The City may order any user who causes
or allows an unauthorized discharge to enter the POTW to show cause
before the Board of Aldermen why the proposed enforcement action should
not be taken. A notice shall be served on the user specifying the
time and place of a hearing to be held by the Board of Aldermen regarding
the violation, the reasons why the action is to be taken, the proposed
enforcement action, and directing the user to show cause before the
Board of Aldermen why the proposed enforcement action should not be
taken. The notice of the hearing shall be served personally or by
registered or certified mail (return receipt requested) at least ten
(10) days before the hearing. Service may be made on any agent or
officer of a corporation.
B.
The Board of Aldermen may itself conduct
the hearing and take the evidence or may designate any of its members
or any officer or employee of the City of Bolivar to:
1.
Issue in the names of the Board of
Aldermen notices of hearings requesting the attendance and testimony
of witnesses and the production of evidence relevant to any matter
involved in such hearings;
2.
Take the evidence;
3.
Transmit a report of the evidence
and hearing, including transcripts and other evidence, together with
recommendations to the Board of Aldermen for action thereon.
C.
At any hearing held pursuant to this Article,
testimony taken must be under oath and recorded stenographically.
The transcript, so recorded, will be made available to any member
of the public or any party to the hearing upon payment of the usual
charges thereof.
D.
After the Board of Aldermen has reviewed
the evidence, it may issue an order to the user responsible for the
discharge directing that, following a specified time period, the sewer
service be discontinued unless adequate treatment facilities, devices
or other related appurtenances shall have been installed on existing
treatment facilities, devices or other related appurtenances and are
properly operated. Further orders and directives as are necessary
and appropriate may be issued.
[R.O. 2009 § 720.131; R.O. 2007
§ 720.131]
If any person discharges sewage,
industrial wastes or other wastes into the waste treatment system
of the City of Bolivar contrary to the provisions of this Article,
Federal or State pretreatment requirements or any other regulation
of the City, the City Attorney may commence an action for appropriate
legal and/or equitable relief in the Circuit Court of Polk County,
Missouri.