[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.
- 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.
- Any individual, firm, company, association, society, corporation or group.
- 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.
- A pipe or conduit for carrying sewage.
- Is mandatory; "may" is permissive.
- 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.
- 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]
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.
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.
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.
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]
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.
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.
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.
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.
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.
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.
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]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
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.
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.
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]
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.
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.
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]
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:
To prevent introduction of pollutants into the municipality wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;
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;
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
To provide for equitable distribution of the cost of the municipal wastewater system.
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.
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.
- 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).
- 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.
- 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.
- The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
- 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.
- 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.
- Denoting parts per million the concentration of a material in pounds per million pounds per water (1 ppm = 1 milligram/liter, mg/l).
- 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.
- 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.
- A pipe or conduit for carrying sewage.
- SEWERAGE WORKS
- All faculties for collecting, transporting, pumping, treating and disposing of sewage.
- 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 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.
- 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.
- Any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
- 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.
- 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:
[R.O. 2009 § 720.104; R.O. 2007 § 720.104]
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:
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.
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.
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.
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.
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.
Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions.
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.
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.
Any water or wastes containing a concentration of total phenols in excess of five-tenths (0.5) ppm.
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.
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.
Any wastewater which causes a hazard to human life or creates a public nuisance.
Any substance which will cause the POTW to violate its NPDES and/or State disposal system permit or the receiving water quality standards.
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]
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.
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]
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:
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.
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:
One which remains uncorrected forty-five (45) days after notification of non-compliance;
A pattern of non-compliance over a twelve (12) month period;
One which involves a failure to accurately report non-compliance;
All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.
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.
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.
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]
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:
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.
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.
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]
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.
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]
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.
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.
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]
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.
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]
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.
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.
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:
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]
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.
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]
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.
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.
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]
The City of Bolivar may adopt charges and fees which may include:
Fees for reimbursement of costs of setting up and operating a pretreatment program.
Fees for reimbursement of laboratory expense to determine current analysis of POTW influent, effluent and sludge.
Fees for monitoring, inspections and surveillance procedures, including all expense at an approved laboratory.
Fees for reviewing accidental discharge procedures and construction.
Fees for permit applications.
Fees for filing appeals.
Fees for consistent removal by the City of Bolivar of pollutants otherwise subject to Federal Pretreatment Standards.
Other fees as the City may deem necessary to carry out the requirements contained herein.
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]
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.
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:
Name, address and location (if different from the address);
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
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;
Time and duration of contribution;
Average daily and three (3) minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;
Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
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;
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:
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.).
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.
Each product by type, amount, process or processes and rate of production;
Type and amount of raw materials processed (average and maximum/day);
Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
Any other information as may be deemed by the City to be necessary to evaluate the permit application.
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.
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).
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:
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
Limits on the average and maximum wastewater constituents and characteristics;
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
Requirements for installation and maintenance of inspection and sampling facilities;
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules;
Requirements for submission of technical reports or discharge reports;
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City and affording City access thereto;
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;
Requirements for notification of slug discharges;
Other conditions as deemed appropriate by the City to ensure compliance with this Article.
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.
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]
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.
Periodic Compliance Report.
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.
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.)
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]
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.
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.
- 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.
- 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.
Operation, Maintenance And Replacement Fund.
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.
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:
An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works (Operation and Maintenance Account).
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.
Editor's Note: Appendix B is on file in the City offices.
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.
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. 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." 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." 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."
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.
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.
Monthly Billing — Late Payment Penalty.
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.
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.
Review Of User Charge System.
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.
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]
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.
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]
Any user who violates the following conditions of this Article or applicable State and Federal regulations is subject to having his/her permit revoked:
Failure of a user to factually report the wastewater constituents and characteristics;
Failure of the user to report significant changes in operations or wastewater constituents or characteristics;
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
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]
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.
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:
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;
Take the evidence;
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board of Aldermen for action thereon.
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.
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.