[R.O. 1991 § 703.010; Ord. No. 1643 § 1, 8-15-1995]
A.
This Chapter sets forth requirements for
discharge of commercial and industrial wastes to the sewer system
of the City of Smithville, Missouri. The objectives of this Chapter
are:
1.
To prevent the introduction of pollutants
into the sewer system that will interfere with the operation of the
sewer system or wastewater treatment facilities or damage the infrastructure
or equipment;
2.
To prevent the introduction of pollutants
into the sewer system which will pass through wastewater treatment
facilities into receiving waters without adequate treatment or otherwise
be incompatible with the sewer system and treatment works;
3.
To ensure that the quality of the
wastewater sludge generated in the wastewater treatment process is
maintained at a level which allows its use and disposal in compliance
with applicable Statutes and regulations;
4.
To protect personnel who may be affected
by wastewater and sludge in the course of their employment and to
protect the general public;
5.
To improve the opportunity to recycle
and reclaim wastewater and sludge from the wastewater treatment facilities;
6.
To provide for fees for the equitable
distribution of the cost of operation, maintenance and improvement
of the sewer system and wastewater treatment facilities;
7.
To enable the City to comply with
the City of Kansas City's requirements for discharge to the wastewater
collection and treatment facilities of Kansas City, Missouri;
8.
To establish the responsibilities
and duties of the users of the sewer system; and
9.
To establish the authority of the
City to enforce the provisions of this Chapter and to enable the City
to assess penalties if these provisions are not met.
[R.O. 1991 § 703.020; Ord. No. 1643 § 1, 8-15-1995]
Unless the context specifically indicates
otherwise, the meaning of terms used in this Chapter shall be as follows:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
If the industrial user is a corporation,
"authorized representative" shall mean the president, secretary, treasurer,
or a vice-president of the corporation in charge of a principal business
function, or any other person who performs policy or decision-making
functions for the corporation;
If the industrial user is a partnership
or sole proprietorship, "authorized representative" shall mean a general
partner or proprietor, respectively;
If the industrial user is a Federal,
State or local governmental facility, "authorized representative"
shall mean a director or the highest official appointed or designated
to oversee the operation and performance of the activities of the
governmental facility, or his/her designee;
The individuals described in Subsections (1) through (3) of this definition may designate another authorized representative if the authorization is submitted in writing to the Director and the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or who has overall responsibility for environmental matters for the industrial user.
A quantity of wastewater, physically separated from all other
quantities of wastewater for the purpose of treatment and/or discharge.
The quantity of oxygen utilized in the biochemical oxidation
of matter under standard laboratory conditions in five (5) days at
twenty degrees Centigrade (20° C.), expressed in milligrams per
liter (mg/l).
The extension from the building drain to the City sewer or
other place of disposal.
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
A measure of the oxygen-consuming capacity of inorganic and
organic matter present in water or wastewater. It is expressed as
the amount of oxygen consumed by a chemical oxidant in a specified
test. It does not differentiate between stable and unstable organic
matter and thus does not necessarily correlate with biochemical oxygen
demand (BOD).
The City of Smithville, Missouri.
A sewer owned or controlled by the City.
A sewer receiving both surface runoff and wastewater.
A method defined in 40 CFR 403.6(e) to derive alternative
discharge limits. Such alternative discharge limits may apply where
process effluent regulated by any categorical pretreatment standard
is mixed prior to treatment with wastewaters other than those generated
by the regulated process.
The waterborne wastes from commercial and/or industrial establishments as distinct from sanitary wastewater. This shall not include any discharge to the POTW through an interconnection pursuant to an interjurisdictional agreement as described in Section 703.580 of this Chapter.
Industrial user.
A sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
Regulations as issued by the United States Government. References
to sections of CFR shall be in accordance with the latest revisions
unless specifically stated otherwise.
Regulations as issued by the Missouri State Government. References
to sections of CSR shall be in accordance with the latest revisions
unless specifically stated otherwise.
The maximum flow rate or maximum average concentration of
a particular pollutant which may be discharged in a day.
A period of normal operation not to exceed twenty-four (24)
hours.
The Public Works Department of the City.
The Director of the Public Works Department of the City,
or his/her authorized deputy, agent or representative.
Material directly or indirectly released to the POTW; or
the act of releasing material directly or indirectly to the POTW.
The "end of process" liquid wastes from an industrial process
which ultimately are discharged.
The United States Environmental Protection Agency.
Solid food wastes from the preparation, cooking and disposing
of food, together with incidental admixtures, and from the handling,
storage and sale of produce.
A sample which is taken on a one-time basis without regard
to the flow rate of the sampled stream and without consideration of
time.
Any material, regardless of amount, which would be defined
as a hazardous waste under 40 CFR Part 261 or 10 CSR 25 if it were
not discharged to the POTW.
Any person discharging commercial or industrial wastes.
The maximum concentration of a pollutant allowed to be discharged
at any time, independent of the discharge rate and duration of the
sampling event.
Inhibition or disruption of the POTW, its treatment processes
or operations, or its sludge processes, use or disposal which results
in violation (including an increase in the magnitude or duration of
a violation) of the facility's NPDES permit or prevents wastewater
sludge use or disposal in compliance with any Federal, State or local
law, regulation or permit.
Isolation wastes, infectious agents, human blood by-products,
pathological wastes, sharps, body parts, fomites, etiologic agents,
contaminated bedding, surgical wastes, potentially contaminated laboratory
wastes and dialysis waste or any other materials or items commonly
used or associated with medical care.
Wastewater which contains not over two hundred fifty (250) milligrams per liter (mg/l) of suspended solids, not over two hundred fifty (250) milligrams per liter (mg/l) of BOD, not over thirty (30) milligrams per liter (mg/l) of oil and grease and which does not contain any of the materials or substances listed in Section 703.110(A)(19) of this Chapter in excess of allowable amounts specified in said Section.
National Pollutant Discharge Elimination System permit issued
by the Missouri Department of Natural Resources or EPA.
Any material recovered as a substance soluble in an organic
extracting solvent as specified by Standard Method 5520 of "Standard
Methods for the Examination of Water and Wastewater," 18th Edition,
1992, or the latest revision thereto. Oil and grease is composed primarily
of fatty matter from animal and vegetable sources and from hydrocarbons
of petroleum origin. The concentration of oil and grease of petroleum
hydrocarbon origin can be determined using Standard Method 5520F.
The concentration of oil and grease of animal and vegetable origin
is hereby defined as the difference between the total and the petroleum
hydrocarbon oil and grease concentrations.
A measure of the acidity or alkalinity of a substance, expressed
in standard units.
A violation of any requirement of the City's or of the City
of Kansas City's NPDES permit, including an increase in the magnitude
or duration of a violation, caused by a discharge or combination of
discharges.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns.
Anything discharged into the POTW which causes any alteration
of chemical, physical, biological, or radiological integrity of water,
including, but not limited to, dredged spoil, solid waste, incinerator
residue, filter backwash, sewage, garbage, sewage sludge, munitions,
medical wastes, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt, municipal, agricultural and industrial wastes, and certain characteristics
of wastewater (e.g., pH, temperature, TSS,[1] turbidity, color, BOD, COD, toxicity, or odor).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of introducing such pollutants into
the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes, by process changes, or by other
means, but not by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard or requirement.
Any substantive or procedural requirement related to pretreatment
imposed on an industrial user, other than a pretreatment standard.
Any regulation which applies to industrial users and contains
pollutant discharge limits promulgated by the EPA in accordance with
the Act. This term includes prohibitive discharge limits pursuant
to 40 CFR 403.5.
Garbage that has been shredded to such degree that all particles
will be carried freely under the flow conditions normally prevailing
in the City sewers, with no particle greater than one-half (1/2) inch
in any dimension.
A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. § 1292), which is owned by the City or by the
City of Kansas City. This definition includes the sewer system and
any other devices or systems used in the collection, storage, treatment,
testing, monitoring, recycling and reclamation of wastewater or industrial
wastes and any conveyances which convey wastewater to a treatment
plant.
Any natural watercourse into which treated or untreated wastewater
is discharged.
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 sewer which carries wastewater and to which stormwater,
surface water and groundwater are not normally admitted.
A pipe or a conduit for carrying wastewater.
Any industrial user which:
Is subject to categorical pretreatment
standards;
Purchases, uses, or discharges an
average of twenty-five thousand (25,000) gallons per day or more of
water;
Discharges a process waste stream
which makes up five percent (5%) or more of the average dry weather
hydraulic or organic capacity of the wastewater treatment plant serving
the said industrial user;
Accepts waste from another location
outside the facility's boundaries for treatment, storage or disposal;
or
Is designated as significant by the
Director on the basis that the industrial user has a reasonable potential
for adversely affecting the POTW's operations, for violating this
Chapter or for violating pretreatment standards or requirements.
Any discharge of a non-routine, episodic nature, including,
but not limited to, an accidental spill or a non-customary discharge.
Sampling and analytical techniques promulgated by the EPA
in 40 CFR Part 136.
The State of Missouri, including its agencies, and specifically
the Department of Natural Resources.
A sewer which normally carries only stormwater and surface
water and drainage.
Any flow resulting from any form of natural precipitation,
including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquids, and which
is removable by laboratory filtering.
Those substances listed in regulations promulgated by the
EPA under the provisions of Section 307 (33 U.S.C. § 1317)
of the Act.
Any person who discharges, causes or permits discharge into
the POTW.
Any commercial facility accepting industrial wastes from
another location outside the facility's boundaries for treatment,
storage or disposal.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be present,
whether treated or untreated.
The portion of the POTW designed to provide treatment of
wastewater.
[1]
Editor's Note: "TSS" refers to total suspended solids.
[R.O. 1991 § 703.030; Ord. No. 1643 § 1, 8-15-1995]
A.
Unless the context specifically indicates
otherwise, the construction of terms used in this Chapter shall be
as follows:
[R.O. 1991 § 703.040; Ord. No. 1643 § 1, 8-15-1995]
For the purposes of this Chapter
the following abbreviations shall have the designated meanings:
|
BOD
|
Biochemical Oxygen Demand
|
|
ccf
|
Hundred cubic feet
|
|
CFR
|
Code of Federal Regulations
|
|
COD
|
Chemical Oxygen Demand
|
|
CSR
|
Missouri Code of State Regulations
|
|
EPA
|
United States Environmental Protection
Agency
|
|
gpd
|
Gallons Per Day
|
|
l
|
Liter
|
|
mg
|
Milligrams
|
|
mg/l
|
Milligrams per Liter
|
|
NPDES
|
National Pollutant Discharge Elimination
System
|
|
O&M
|
Operation and Maintenance
|
|
PCBs
|
Polychlorinated Biphenyls
|
|
POTW
|
Publicly Owned Treatment Works
|
|
RCRA
|
Federal Resource Conservation and
Recovery Act[1]
|
|
TTOs
|
Total Toxic Organics
|
|
TSS
|
Total Suspended Solids
|
|
U.S.C.
|
United States Code
|
|
ug
|
Micrograms
|
|
ug/l
|
Micrograms per Liter
|
|
WWTP
|
Wastewater Treatment Plant
|
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[R.O. 1991 § 703.050; Ord. No. 1643 § 1, 8-15-1995]
Except as otherwise provided herein,
the Director is authorized to administer, implement and enforce the
provisions of this Chapter. The Director may delegate to the Director's
authorized representatives or agents any powers granted to or duties
imposed upon him/her, unless specifically provided otherwise herein.
[R.O. 1991 § 703.060; Ord. No. 1643 § 1, 8-15-1995]
All pollutant analyses, including
sampling techniques, submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question, or
where the sampling and analytical techniques in 40 CFR Part 136 are
inappropriate for the pollutant in question, sampling and analyses
must be performed in accordance with procedures approved by the EPA.
[R.O. 1991 § 703.070; Ord. No. 1643 § 1, 8-15-1995]
A.
Except as indicated in Subsection (B) of this Section, industrial users shall collect wastewater samples using flow proportional composite collection techniques unless the Director determines that such techniques are infeasible or inappropriate. In such cases, the Director may authorize the use of other collection techniques which will provide a representative sample of the effluent or discharge. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
B.
Samples for oil and grease, temperature,
pH, cyanide, phenols, toxicity, sulfides, and volatile organic compounds
shall be obtained using grab sample collection techniques.
C.
All wastewater samples shall be representative
of the industrial user's effluent or discharge. Wastewater monitoring
and flow measurement facilities shall be properly operated, kept clean,
and maintained in good working order at all times. The failure of
an industrial user to keep its monitoring facility or facilities clean
and in good working order shall not be grounds for the industrial
user to claim that sample results are unrepresentative of its discharge
or effluent.
[R.O. 1991 § 703.080; Ord. No. 1643 § 1, 8-15-1995]
A.
Industrial users shall make available for
inspection and copying by the Director all records and information
required by the Director or by provisions of this Chapter.
B.
Industrial users shall maintain records
of all information resulting from any sampling or monitoring required
pursuant to this Chapter, including time, date, place and method of
sampling and analysis, personnel involved and the results of such
activities, material safety data sheets, incoming hazardous waste
manifests, outgoing hazardous waste manifests, analytical reports,
production records, purchase records, reports submitted to regulatory
agencies, and other related records, for a period of at least three
(3) years.
C.
The period for maintaining records shall
be automatically extended for the duration of any litigation concerning
compliance with this Chapter, or where an industrial user has been
specifically notified of a longer retention period by the Director.
[R.O. 1991 § 703.090; Ord. No. 1643 § 1, 8-15-1995]
Where an owner of property leases
premises to any other person as a tenant under any rental or lease
agreement, and such tenant is an industrial user, either the tenant
or the owner or both may be held responsible for compliance with the
provisions of this Chapter.
[R.O. 1991 § 703.100; Ord. No. 1643 § 1, 8-15-1995]
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in Sections 703.460 through 703.540 of this Chapter.
[R.O. 1991 § 703.110; Ord. No. 1643 § 1, 8-15-1995]
A.
This Section sets forth wastes which are
generally unacceptable for discharge to the POTW, requirements for
discharge of hauled wastes, requirements for accidental discharge/slug
control plans and requirements for wastewater discharge monitoring
facilities. No person shall cause, permit, or allow discharge to the
POTW of the following materials, substances, or wastes:
1.
Any solid, liquid or gas which, by
reason of its nature and/or quantity, creates a fire or explosive
hazard in the POTW, including, but not limited to, waste streams with
a closed cup flash point less than or equal to one hundred fifty degrees
Fahrenheit (150° F.) using the test method specified in 40 CFR
261.21.
2.
Any wastewater having a pH less than
6.0 or greater than 11.0.
3.
Any garbage except properly shredded
garbage.
4.
Any solid or viscous materials in
amounts or concentrations which cause obstruction of the flow in the
POTW, or solids greater than one-half (1/2) inch in any dimension.
Examples of such materials include, but are not limited to, ashes,
wax, paraffin, cinders, sand, mud, straw, shavings, metal, glass,
rags, lint, feathers, tars, plastics, wood and sawdust, grass clippings,
paunch manure, hair and fleshings, entrails, lime slurries, beer and
distillery slops, grain processing wastes, grinding compounds, acetylene
generation sludge, chemical residues, asphalt residues, acid residues,
residues from refining or processing fuel or lubricating oil, and
food processing bulk solids.
5.
Any oil and grease of animal or vegetable
origin in excess of one hundred fifty (150) mg/l.
6.
Any petroleum oil, non-biodegradable
cutting oil, or products of mineral oil origin, in amounts that will
cause interference or pass through.
7.
Any corrosive, noxious or malodorous
material or substance which, either singly or by reaction with other
wastes, is capable of causing damage to the POTW or creating a public
nuisance or hazard, or preventing entry into the POTW's facilities
for maintenance and repair.
8.
Any concentrated dyes or other materials
which are either highly colored or could become highly colored by
reacting with other discharges.
9.
Any material or substance not specifically
mentioned in this Section which is in itself corrosive, irritating
to human beings or animals, toxic or noxious, or which by interaction
with other wastes could produce undesirable effects, including deleterious
action on the POTW's facilities or operations, hazards to humans or
animals, or adverse effect(s) upon the receiving stream.
10.
Any sludges, screenings, or other
residues from the pretreatment of industrial wastes.
11.
Any medical wastes, except as specifically
authorized by the Director.
12.
Any wastewater having a temperature
greater than one hundred fifty degrees Fahrenheit (150° F.) or
which will inhibit biological activity in the POTW or which will cause
the temperature at the treatment plant influent to exceed one hundred
four degrees Fahrenheit (104° F.).
13.
Any septic tank sludge or any other
trucked or hauled pollutants.
14.
Any wastewater containing any radioactive
waste or isotopes except as specifically approved by the Director
in compliance with applicable State and Federal Statutes and regulations.
15.
Any stormwater, surface water, groundwater,
artesian well water, roof runoff, subsurface drainage, condensate,
deionized water, non-contact cooling water, or unpolluted industrial
wastewater unless authorized by the Director.
16.
Any material or combination of materials
which results in the presence of toxic gases, vapors or fumes within
the POTW in a quantity that may cause worker health and/or safety
problems.
17.
Any discharge containing detergents,
surface active agents, or other substances which cause excessive foaming
in the POTW.
18.
Any discharge which alone or in combination
with other discharges causes pass through or interference. A discharge
may not be considered to have caused pass through or interference
if it was otherwise in compliance with this Chapter and any wastewater
discharge permit issued hereunder.
19.
Any discharge which contains any
of the following substances in excess of the following daily maximum
and/or instantaneous maximum total concentrations. These restrictions
apply at the point where the wastewater is discharged to the POTW:
|
Arsenic*
|
1.80 mg/l
|
|
Benzene
|
0.50 mg/l
|
|
Cadmium*
|
1.00 mg/l
|
|
Chromium*
|
5.00 mg/l
|
|
Copper*
|
5.10 mg/l
|
|
Cyanide*
|
2.00 mg/l
|
|
Ethylbenzene
|
1.00 mg/l
|
|
Lead*
|
5.00 mg/l
|
|
Mercury*
|
0.05 mg/l
|
|
Nickel*
|
20.00 mg/l
|
|
Phenols
|
5.00 mg/l
|
|
Silver*
|
5.00 mg/l
|
|
Toluene
|
1.00 mg/l
|
|
Xylene
|
1.00 mg/l
|
|
Zinc*
|
10.10 mg/l
|
|
PCBs
|
0.01 mg/l
|
|
|
|
|
Total toxic organics (TTOs) as defined
by 40 CFR 433.11(e) shall not exceed 5.0 mg/l at any time.
| |
|
* All other provisions of this
Chapter notwithstanding, no industrial user shall discharge this pollutant
in an amount exceeding five percent (5%) of the average daily loading
(in pounds per day) of this pollutant at the receiving WWTP without
the express written consent of the Director.
| |
20.
Any discharge or effluent which violates
the limitations imposed by a wastewater discharge permit issued under
the provisions of this Chapter, or categorical standard, including
equivalent concentration limits based on a mass- or production-based
categorical standard and concentration limits derived in accordance
with the combined waste stream formula.
[R.O. 1991 § 703.120; Ord. No. 1643 § 1, 8-15-1995]
A.
When necessary to protect or to prevent
adverse effects on the POTW, its treatment processes, receiving stream,
sludge treatment or disposal processes, to provide for worker health
and safety, to impose categorical standards, or to address similar
concerns of other jurisdictions providing sewer service to the City,
the Director may:
1.
Impose mass limitations in addition
to or in place of concentration limitations provided for in this Chapter
or in any applicable categorical pretreatment standards;
2.
Establish more stringent standards
or requirements for discharge to the POTW in wastewater discharge
permits;
3.
Establish limits on the effluent
from specific industrial processes or pretreatment systems in wastewater
discharge permits;
4.
Issue wastewater discharge permits
to industrial users setting out special requirements for discharge
to the POTW. In no case shall a permit waive compliance with a categorical
pretreatment standard or allow any discharge which could cause pass
through or interference, except that the Director may establish a
reasonable time frame for compliance with this Chapter;
5.
Require treatment to reduce the BOD,
suspended solids, and/or oil and grease concentrations in a discharge
to levels more closely approaching those of normal sewage; and/or
[R.O. 1991 § 703.130; Ord. No. 1643 § 1, 8-15-1995]
No industrial user shall ever 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 a pretreatment standard unless expressly authorized
by an applicable pretreatment standard.
[R.O. 1991 § 703.140; Ord. No. 1643 § 1, 8-15-1995]
The Director may require any industrial
user to undertake a compatibility study for waste proposed for discharge
to the POTW to determine whether the waste may be accepted by the
POTW.
[R.O. 1991 § 703.150; Ord. No. 1643 § 1, 8-15-1995]
Hauled wastes, including septic tank
sludge, contents of cesspools and privy vaults, and other non-hazardous
wastes shall not be introduced or accepted into the City's sewers.
[R.O. 1991 § 703.160; Ord. No. 1643 § 1, 8-15-1995]
A.
The Director may require reasonable safeguards
to prevent discharge or leakage of any material stored in areas served
by or draining into the POTW which could create a fire or an explosion
hazard in the POTW or in any other way have a deleterious effect upon
the POTW's facilities or treatment processes, or constitute a hazard
to human beings or animals or the receiving stream.
B.
The Director may require any industrial
user to develop and implement an accidental/slug discharge control
plan. This plan shall include at least the following:
1.
Description of discharge practices,
including non-routine batch discharges;
2.
Description and location of stored
chemicals;
3.
Procedures for immediately notifying the POTW of any accidental or slug discharge or any discharge which violates Section 703.110 of this Chapter and for providing a written report of such discharge within five (5) days of its occurrence. Such report shall be submitted in accordance with Section 703.350 of this Chapter;
4.
Procedures for permanently posting a notice in a conspicuous place in a common area of the industrial user's premises advising employees whom to call in the event of a discharge described in Subsection (A) of this Section. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure; and
5.
Procedures to prevent adverse impact
from any accidental or slug discharge. Such procedures include, but
are not limited to, inspection and maintenance of storage areas, handling
and transfer of materials, loading and unloading operations, control
of plant site runoff, worker training, measures for containing materials,
and/or measures and equipment for emergency responses.
[R.O. 1991 § 703.170; Ord. No. 1643 § 1, 8-15-1995]
A.
The Director may require the owner of any
property occupied by an industrial user to install and maintain at
his/her own expense suitable monitoring facilities to facilitate the
City's and the industrial user's observation, sampling and measurement
of the discharge of the building sewer and/or internal drainage systems
and/or effluent from specific processes.
B.
Such facilities shall be easily accessible
and safely located, and shall have ample room in or near said facilities
to allow accurate collection and preparation of samples for analysis.
Such facilities shall be constructed in accordance with plans approved
by the Director, and shall be located so as to permit the gauging
of flow and the collection of samples truly representing the effluent
from regulated processes or the discharge from the property.
C.
The facilities and the sampling and measuring
equipment shall be maintained at all times in a safe and proper condition
at the expense of the industrial user.
[R.O. 1991 § 703.180; Ord. No. 1643 § 1, 8-15-1995]
Industrial users are responsible
for the content of their discharges and shall provide pretreatment
of said discharges as required by this Chapter.
[R.O. 1991 § 703.190; Ord. No. 1643 § 1, 8-15-1995]
A.
An industrial user shall provide wastewater
pretreatment as required to comply with this Chapter and with all
other pretreatment standards and shall achieve compliance within the
time limitation specified by the EPA, the State, or the Director,
whichever is more stringent. Any facilities required to pretreat wastewater
to achieve compliance with a pretreatment standard shall be provided,
operated, and maintained at the industrial user's expense. Detailed
plans showing the pretreatment facilities and operating procedures
shall be submitted to the Director for review. The review of such
plans and operating procedures shall in no way relieve the industrial
user from responsibility for modifying the facility as necessary to
produce a discharge which complies with applicable pretreatment standards.
1.
Whenever deemed necessary, the Director
may require an industrial user to restrict its discharge during peak
flow periods, to discharge certain wastewaters only into specific
sewers, to relocate and/or consolidate points of discharge, to separate
sanitary wastewater from industrial waste streams, and to perform
and maintain such other conditions as may be necessary to protect
the POTW and determine the industrial user's compliance with the requirements
of this Chapter.
2.
When deemed necessary to protect
the POTW, worker health and safety, or otherwise prevent interference
or pass through, the Director may require an industrial user to maintain,
at its facility and at its expense, a suitable storage and flow control
facility to ensure equalization of flow over a twenty-four (24) hour
period. Such facility shall have a capacity for at least one hundred
fifty percent (150%) of the daily discharge volume and shall be equipped
with alarms and a discharge rate controller, the regulation of which
shall be specified by the Director. A wastewater discharge permit
may be issued solely to require flow equalization.
3.
Oil, grease and grit interceptors
shall be provided when, in the opinion of the Director, they are necessary
for the proper handling of wastewater containing excessive amounts
of oil and grease or grit; except that such interceptors shall not
be required for residential users. All interception units shall be
of a type and capacity approved by the Director and shall be so located
as to be easily accessible for cleaning and inspection. Such interceptors
shall be inspected, cleaned, and repaired regularly, as needed, by
the industrial user at its expense.
4.
Any person who may discharge wastes
which are unusual in composition, i.e., contain an extremely large
amount of suspended solids or BOD, high concentrations of dissolved
solids, such as sodium chloride, calcium chloride, or sodium sulfate,
or contain substances conducive to creating tastes or odors in drinking
water supplies or could otherwise cause such waters to be unpalatable
even after conventional water purification treatment, or wastes which
are in any other way unusual, shall notify the Director, who may determine
whether such wastes shall be prohibited from or may be admitted to
the POTW or shall be pretreated before being discharged.
[R.O. 1991 § 703.200; Ord. No. 1643 § 1, 8-15-1995]
A.
The Director may issue, deny, modify or
revoke a wastewater discharge permit as described herein. Such actions
may be appealed as described herein.
B.
Any new industrial user which will be a significant industrial user shall apply for and shall obtain a wastewater discharge permit prior to discharging to the POTW except as otherwise described in Subsection (H) of this Section. Such application shall be submitted to the Director one hundred twenty (120) days prior to any proposed discharge.
C.
Any significant industrial user which significantly
alters or adds to its operation, processes, or wastewater volume or
character shall apply for and shall obtain a new permit prior to making
the alteration. Such application shall be submitted to the Director
sixty (60) days prior to any alteration in discharge. This sixty-day
notice may be waived by the Director for alterations which reduce
the total quantity of wastewater or pollutants discharged.
D.
Any existing industrial user which becomes
a significant industrial user due to any increase or change in the
industrial user's contribution of pollutants to the POTW or due to
the enactment or revision of this Chapter or promulgation or revision
of a categorical standard shall submit a wastewater discharge permit
application within one hundred twenty (120) days after the effective
date of this Chapter or within one hundred twenty (120) days after
the date it becomes a significant industrial user, whichever is later.
E.
Any violation of wastewater discharge permit
requirements or conditions shall be a violation of this Chapter. Compliance
with a wastewater discharge permit does not relieve the permittee
of responsibility for compliance with this Chapter, with all applicable
Federal and State pretreatment standards and requirements, or with
any other requirements of Federal, State or local Statutes or regulations.
F.
No significant industrial user shall:
1.
Discharge anything into the POTW
without having first obtained a valid wastewater discharge permit;
2.
Discharge anything into the POTW
when its wastewater discharge permit has been suspended, revoked,
or has expired; or
3.
Discharge anything into the POTW
in excess of or in contravention of the provisions of its wastewater
discharge permit.
H.
Upon finding that an industrial user who
is not subject to categorical pretreatment standards but otherwise
meets the criteria for being a significant industrial user has no
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard, the Director may at any
time determine that such industrial user is not a significant industrial
user.
I.
The Director may require other industrial
users to obtain wastewater discharge permits as necessary to carry
out the purposes of this Chapter.
[R.O. 1991 § 703.210; Ord. No. 1643 § 1, 8-15-1995]
A.
In order to be considered for a wastewater
discharge permit, the Director may require an industrial user to submit,
in units and terms appropriate for evaluation, an application containing:
1.
Name, address and discharge location
(if different from the address);
2.
A description of activities, facilities,
and plant processes on the premises, including a list of all raw materials
and chemicals used or stored at the facility which are, or could accidentally
or intentionally be, discharged to the POTW;
3.
The number of employees and hours
of operation;
4.
A list of each product produced by
type, amount, process or processes, and rate of production;
5.
The type and amount of raw materials
processed (average and maximum per day);
6.
The site plans, floor plans, mechanical
and plumbing plans, and details to show all sewers, floor drains,
and appurtenances by size, location, and elevation, and all points
of discharge;
7.
The time, duration, and flow rate
of the discharge;
8.
The nature and concentration of any
pollutants in the discharge which are limited by pretreatment standards
or pretreatment requirements, and a statement regarding whether or
not the pretreatment standards or pretreatment requirements are being
met on a consistent basis, and if not, whether additional operation
and maintenance and/or additional pretreatment is required for the
significant industrial user to meet said pretreatment standards or
pretreatment requirements;
9.
Any environmental control permits
held by or for the facility; and
10.
Such additional information as deemed
necessary or appropriate by the Director to evaluate, clarify, modify
or supplement the originally submitted wastewater discharge permit
application.
B.
All industrial users subject to categorical pretreatment standards must submit a baseline monitoring report as described in Section 703.300 of this Chapter.
C.
Any industrial user desiring, or required
by the Director, to use the combined waste stream formula as described
in 40 CFR 403.6(e) to establish applicable discharge requirements
shall submit the necessary information and calculations to support
the use of the formula.
D.
Failure by an industrial user to provide
any information required by or in accordance with this Section may
result in denial or revocation of a permit.
[R.O. 1991 § 703.220; Ord. No. 1643 § 1, 8-15-1995]
A.
All wastewater discharge permit applications must contain the certification statement as described in Section 703.380 and be signed by the authorized representative of the industrial user.
B.
All wastewater discharge permit applications
must contain the appropriately signed and certified "Designation of
Authorized Representative" form.
[R.O. 1991 § 703.230; Ord. No. 1643 § 1, 8-15-1995]
A.
Wastewater discharge permits may include
such conditions as are reasonably deemed necessary by the Director
to prevent pass through or interference, protect the water quality
of the receiving stream, protect worker health and safety, facilitate
sludge management and disposal, protect ambient air quality of the
POTW, or protect against damage to the POTW.
B.
Wastewater discharge permits may contain,
but need not be limited to, the following conditions and may contain
a schedule for compliance with said conditions:
1.
A statement of the wastewater discharge
permit duration, which in no event shall exceed five (5) years;
2.
A statement that the wastewater discharge
permit is not transferable;
3.
Discharge and/or effluent limits
applicable to the permittee and the permittee's processes, based on
applicable standards in Federal, State, or local laws and regulations
and interjurisdictional agreements;
4.
Self-monitoring, sampling, reporting,
notification, and recordkeeping requirements. These requirements shall
include parameters to be monitored, sampling location, sampling frequency,
and sample type based on Federal, State, or local Statutes or regulations
and/or interjurisdictional agreements. These requirements may also
include provisions for increased self-monitoring activities in the
event of violations;
5.
A statement of applicable civil,
criminal, and administrative penalties for violation of discharge
or effluent standards and requirements, and any applicable compliance
schedule;
6.
Limits on the average and/or maximum
rate of discharge, time of discharge, and/or requirements for flow
regulation and equalization;
7.
Limits on the instantaneous, daily
and monthly average and/or maximum concentration, mass, or other measure
of identified wastewater pollutants or properties;
8.
Requirements for the installation
of pretreatment technology or construction of appropriate containment
devices designed to reduce, eliminate, or prevent the introduction
of pollutants into the POTW;
9.
Requirements for development and
implementation of spill control plans or other special conditions
including management practices necessary to adequately prevent accidental,
unanticipated, or non-routine discharges;
10.
Requirements for development and
implementation of waste minimization plans to reduce the amount of
pollutants discharged to the POTW;
11.
The unit charge or schedule of industrial
user charges and fees for the management of the wastewater discharged
to the POTW;
12.
Requirements for installation and
maintenance of inspection, monitoring and sampling facilities and
equipment;
13.
Requirements for periodic submittal
of all incoming and outgoing hazardous waste manifests;
14.
Other conditions as deemed appropriate
by the Director to ensure compliance with this Chapter and State and
Federal laws, rules, and regulations.
[R.O. 1991 § 703.240; Ord. No. 1643 § 1, 8-15-1995]
Wastewater discharge permit conditions
are specifically and independently enforceable regardless of whether
they are expressly required by or set out in this Chapter. Enforcement
shall be in accordance with the provisions, penalties, and other requirements
of this Chapter and all other applicable laws and regulations.
[R.O. 1991 § 703.250; Ord. No. 1643 § 1, 8-15-1995]
A.
The permit applicant or permittee may petition
the Director to reconsider a wastewater discharge permit denial or
revocation or the terms of a wastewater discharge permit or a wastewater
discharge permit modification within thirty (30) days of the denial,
issuance, revocation or modification of a permit.
B.
If the applicant or permittee does not
submit a timely petition for reconsideration, the Director's permit
decision shall be final.
C.
In its petition, the petitioner must indicate
the reasons it believes the Director's decision was in error and specify
the wastewater discharge permit conditions to which it objects.
D.
The effectiveness of the wastewater discharge
permit decision shall not be stayed pending the appeal.
E.
If the Director fails to act within thirty
(30) days, a request for reconsideration shall be deemed to be denied.
[R.O. 1991 § 703.260; Ord. No. 1643 § 1, 8-15-1995]
A.
The Director may modify a wastewater discharge
permit for good cause, including, but not limited to, the following:
1.
To incorporate any new or revised
Federal, State, or local pretreatment standard or monitoring requirement;
2.
To address significant alterations
or additions to the industrial user's operation, processes, or wastewater
volume or character since the time of wastewater discharge permit
issuance;
3.
A change in the POTW that requires
either a temporary or permanent reduction or elimination of the authorized
discharge;
4.
Information indicating that the permitted
discharge poses a threat to the POTW, City personnel, or the receiving
waters;
5.
Violation of any terms or conditions
of the wastewater discharge permit or this Chapter;
6.
Misrepresentations or failure to
fully disclose all relevant facts in the wastewater discharge permit
application or in any required reporting;
7.
Revision of categorical pretreatment
standards;
8.
To correct typographical or other
errors in the wastewater discharge permit.
B.
The filing of a request by the permittee
for a wastewater discharge permit modification does not stay any wastewater
discharge permit condition.
[R.O. 1991 § 703.270; Ord. No. 1643 § 1, 8-15-1995]
A.
A permit may be revoked for cause at any
time upon giving the permittee at least thirty (30) days' written
notice. However, in cases where a permittee's discharge is an imminent
threat to health and safety or caused interference or pass through,
the permit may be revoked without notice.
B.
Wastewater discharge permits may be denied
or revoked for the following reasons:
1.
Failure to notify the Director of
significant changes to the discharge prior to such changes;
2.
Misrepresentation or failure to fully
disclose all relevant facts in the wastewater discharge permit application;
3.
Falsifying self-monitoring reports;
4.
Tampering with monitoring equipment;
5.
Refusing to allow the Director timely
access to the facility premises and records;
6.
Failure to meet effluent limitations;
7.
Failure to pay fines;
8.
Failure to pay sewer charges and/or
permit fees;
9.
Failure to meet compliance schedules;
10.
Failure to complete a requested wastewater
survey;
11.
Failure to submit required reports
or information;
12.
Violation of any pretreatment standard,
this Chapter, or any terms of a wastewater discharge permit.
[R.O. 1991 § 703.280; Ord. No. 1643 § 1, 8-15-1995]
Industrial users shall prepare and
submit such reports as are required by this Chapter and 40 CFR 403.12.
Such reports shall be filed in the office of the Director unless otherwise
provided.
[R.O. 1991 § 703.290; Ord. No. 1643 § 1, 8-15-1995]
All new industrial users must submit
information on the nature and characteristics of their wastewater
by completing a wastewater survey prior to commencing discharge. Existing
industrial users shall submit a wastewater survey when requested to
do so by the Director. The Director is authorized to prepare a form
for this purpose and may periodically require industrial users to
update the survey. Failure to comply with this Section shall be reasonable
grounds for terminating service to the industrial user and shall be
considered a violation of this Chapter.
[R.O. 1991 § 703.300; Ord. No. 1643 § 1, 8-15-1995]
A.
When required by the Director, by Section 703.210 or by 40 CFR 403.12, industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the following information:
1.
Identifying Information. The name
and address of the facility, including the name of the operator and
owners and the name and title of the authorized representative.
2.
Environmental Control Permits. A
list of any environmental control or wastewater discharge permits
or authorizations held by or for the facility.
3.
Description Of Operations. A brief
description of the nature, average rate of production, and standard
industrial classifications of the operation(s) carried out by the
industrial user. This description should include a schematic process
diagram which indicates points of discharge to the POTW from regulated
processes, and storage areas for raw materials and hazardous waste.
4.
Flow Measurement. Information showing
the measured average daily and maximum daily flow, in gallons per
day, to the POTW from regulated processes and other sources as necessary
to allow use of the combined waste stream formula.
5.
Measurement Of Pollutants.
a.
The categorical pretreatment standards
applicable to each regulated process.
b.
The results of sampling and analysis
identifying the concentration of each regulated pollutant in the effluent
from each regulated process. Where required by the pretreatment standard
or the Director, the mass of each regulated pollutant in the effluent
from each regulated process and the production rate of each regulated
process shall also be reported. Samples shall be representative of
daily operations and shall be collected and analyzed in accordance
with procedures set forth in 40 CFR Part 136 and shall be collected
in such number and otherwise in accordance with 40 CFR 403.12(b)(v).
The industrial user shall provide estimates of the anticipated flow
and quantity of pollutants where actual data cannot be obtained.
c.
The time, date and place of sampling
shall be reported for each sample.
6.
Certification. A statement by the
industrial user's authorized representative certifying that the sampling
results submitted are representative of normal work cycles and expected
effluents and indicating whether pretreatment standards are being
met on a consistent basis and, if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required
to meet the pretreatment standards and requirements. An industrial
user which has not begun discharge to the POTW shall include a description
of any pretreatment process or processes it intends to use to meet
applicable pretreatment standards.
7.
Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the industrial user shall report the shortest schedule for providing such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements set out in Section 703.310 of this Chapter.
[R.O. 1991 § 703.310; Ord. No. 1643 § 1, 8-15-1995]
Any compliance schedule required by Section 703.300 shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards (such events may include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No such progress increment shall exceed nine (9) months. The industrial user shall submit a progress report to the Director no later than fourteen (14) days following each date in the compliance schedule and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the Director.
[R.O. 1991 § 703.320; Ord. No. 1643 § 1, 8-15-1995]
Within ninety (90) days following the date for final compliance with an applicable categorical pretreatment standard, or in the case of a new facility or an existing facility which has altered or added to its operation, processes, or wastewater volume or character in a manner which causes it to become subject to said categorical pretreatment standard, within ninety (90) days of commencing discharge from such new facility or process, any industrial user subject to such pretreatment standard shall submit to the Director a report containing the information described in Section 703.300(A)(4) through (7) and Section 703.310. For industrial users subject to equivalent mass or concentration limits, this report shall contain a reasonable measure of the industrial user's long-term production rate. For industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period. This report must be signed and certified in accordance with Section 703.380.
[R.O. 1991 § 703.330; Ord. No. 1643 § 1, 8-15-1995]
A.
Any significant industrial user shall, at a frequency determined by the Director but in no case less than every six (6) months, submit a report indicating the concentration in its effluent and/or discharge of all pollutants which are limited by such pretreatment standards and/or pretreatment requirements, and the measured or estimated average and maximum daily flows for the reporting period. Where required by the pretreatment standard or the Director, the significant industrial user shall also report the mass of each regulated pollutant in the discharge and/or in the effluent from each regulated process and the production rate of each regulated process. This report must be signed and certified in accordance with Section 703.380.
C.
If a significant industrial user monitors
any pollutant more frequently than required by the Director, the results
of this monitoring shall be included in the report.
[R.O. 1991 § 703.340; Ord. No. 1643 § 1, 8-15-1995]
A.
Each industrial user shall notify the Director
of any planned significant changes to the industrial user's operations
or systems which may alter the nature, quality or volume of its wastewater
at least sixty (60) days before the change. The industrial user shall
submit such information as may be deemed necessary by the Director
to evaluate the changed condition, including a wastewater discharge
permit application.
B.
The Director shall respond to said notice
within sixty (60) days. He/she may issue a wastewater discharge permit
or modify an existing wastewater discharge permit in response to this
notice. No industrial user shall implement the planned changed conditions(s)
until and unless the Director has responded to the industrial user's
notice.
C.
For purposes of this requirement, flow
increases of more than ten percent (10%) or the discharge of any previously
unreported pollutant shall be deemed significant changes.
[R.O. 1991 § 703.350; Ord. No. 1643 § 1, 8-15-1995]
A.
Any industrial user which has an accidental discharge, a discharge of a non-routine, episodic nature, a non-customary batch discharge, or a slug discharge which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in Section 703.110 of this Chapter), shall immediately telephone and notify the Director of the incident. This notification shall include the location of discharge, source, material(s) involved, concentration and volume, if known, and corrective actions taken by the industrial user.
B.
Within five (5) days following such discharge,
the industrial user shall, unless waived by the Director, submit a
detailed written report describing the cause(s) of the discharge and
the measures to be taken by the industrial user to prevent similar
future occurrences. Such notification shall not relieve the industrial
user of any expense, loss, damage, or other liability which may be
incurred as a result of damage to the POTW, natural resources, or
any other damage to person or property; nor shall such notification
relieve the industrial user of any fines, civil penalties, or other
liability which may be imposed by this Chapter.
[R.O. 1991 § 703.360; Ord. No. 1643 § 1, 8-15-1995]
A.
All industrial users shall report to the
Director any discharge into the POTW of a substance which, if otherwise
disposed of, would be defined as a hazardous waste under 40 CFR Part
261. Such report must include the name of the hazardous waste as set
forth in 40 CFR Part 261, the EPA hazardous waste number, and the
type of discharge (continuous, batch or other). The report shall also
contain the following information to the extent such information is
known and readily available to the industrial user: an identification
of the hazardous constituents contained in the waste(s), an estimation
of the mass and concentration of such constituents in the waste stream
discharged during each calendar month of that reporting period, and
an estimation of the mass of such constituents in the waste stream
expected to be discharged during the following twelve (12) calendar
months.
B.
Such hazardous waste discharge report shall
be made a part of every periodic compliance report for significant
industrial users and shall be submitted every six (6) months for all
other industrial users. The reporting requirements in this Section
do not apply to individual pollutants already reported under the self-monitoring
requirements of a wastewater discharge permit issued pursuant to this
Chapter. In the case of any report required by this Section, the industrial
user shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
[R.O. 1991 § 703.370; Ord. No. 1643 § 1, 8-15-1995]
If sampling performed by an industrial
user indicates a violation of the effluent and/or discharge limitations
provided in this Chapter and/or in the industrial user's wastewater
discharge permit, the industrial user must notify the Director within
twenty four (24) hours of becoming aware of the violation. The industrial
user shall also repeat the sampling and analysis and submit the results
of the repeat sampling and analysis to the Director within thirty
(30) days after becoming aware of the violation.
[R.O. 1991 § 703.380; Ord. No. 1643 § 1, 8-15-1995]
All reports and applications submitted
pursuant to the requirements of this Chapter must contain the following
certification statement and be signed by the authorized representative
of the industrial user.
"I certify under penalty of law that
this document and all attachments were prepared under my direction
or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information,
the information submitted is to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility
of fine and imprisonment for knowing violations."
[R.O. 1991 § 703.390; Ord. No. 1643 § 1, 8-15-1995]
All industrial users which are not
significant industrial users shall provide appropriate reports to
the Director as required by the Director.
[R.O. 1991 § 703.400; Ord. No. 1643 § 1, 8-15-1995]
The Director shall be authorized
to promulgate rules and regulations as may be necessary for effecting
the purposes of and which are not inconsistent with the provisions
of this Chapter.
[R.O. 1991 § 703.410; Ord. No. 1643 § 1, 8-15-1995]
Written reports shall be deemed to
have been submitted on the date endorsed by the United States Postal
Service (USPS). For reports which do not contain a USPS endorsement
on the envelope or container, the date of receipt of the report shall
govern.
[R.O. 1991 § 703.420; Ord. No. 1643 § 1, 8-15-1995]
A.
The Director shall cause periodic inspections
to be made of premises to secure compliance with the requirements
of this Chapter.
B.
The Director shall have the right to collect
samples from any point in industrial user's processes, and of any
chemicals or hazardous waste stored at the industrial user's facility.
C.
The Director shall have the right to set
up on the industrial user's property, or require installation of,
such devices as are necessary to conduct sampling and/or metering
of the industrial user's discharge.
D.
The Director may require the industrial
user to install sampling and monitoring equipment as necessary. The
facility's sampling and monitoring equipment shall be maintained at
all times in a safe and proper operating condition by the industrial
user at its own expense. All devices used to measure wastewater flow
and quality shall be calibrated periodically to ensure their accuracy.
[R.O. 1991 § 703.430; Ord. No. 1643 § 1, 8-15-1995]
A.
Whenever necessary to make an inspection,
to collect samples, or to enforce any of the provisions of this Chapter
or whenever the Director or the Director's authorized representative
has reasonable cause to believe that there exists justification to
undertake such activities, the Director or the Director's representative
may enter a facility at any reasonable time to inspect the same or
to perform any duty imposed upon the Director by this Chapter.
B.
No person shall refuse the Director or
his/her representative access to the industrial user's premises or
shall cause unreasonable delay in such access.
C.
If no consent has been given to enter or
inspect any facility, no entry or inspection shall be made without
the procurement of a warrant from a judge of a court of competent
jurisdiction. The Director or the Director's authorized representative,
any Police Officer, Deputy, or City Attorney of the City, may file
a written complaint with a judge of a court of competent jurisdiction,
stating that he/she has probable cause to believe there exists a violation
or violations of the provisions of this Chapter or any wastewater
discharge permit issued hereunder at a facility particularly described
in the complaint. If such complaint is verified by oath or affirmation
stating evidential facts from which such judge determines the existence
of probable cause, such judge shall issue a search warrant directed
to the authorized person to search the facility described in the complaint
for the purposes requested. Such search warrant may be executed and
returned only within fifteen (15) days after the date of its issuance.
The person authorized to search shall make a return promptly after
concluding the search, and such return shall contain an itemization
of all violations of this Chapter discovered pursuant to such search.
D.
The Court may consider any of the following
factors along with such other matters as it deems pertinent in its
decision as to whether a warrant shall be issued:
1.
Eye witness account of violation.
2.
Citizen complaint.
3.
Tenant's complaint.
4.
Plain view violations.
5.
Violations apparent from City records.
6.
Nature of alleged violation, the
threat to life, safety and imminent risk of harm to the POTW or the
environment.
7.
Passage of time since last inspection.
8.
Previous violations at the facility.
[R.O. 1991 § 703.440; Ord. No. 1643 § 1, 8-15-1995]
The Director may use a grab sample(s)
when appropriate to determine non-compliance with this Chapter.
[R.O. 1991 § 703.450; Ord. No. 1643 § 1, 8-15-1995]
Any person who violates any requirement
of this Chapter shall be subject to penalties as described herein.
[R.O. 1991 § 703.460; Ord. No. 1643 § 1, 8-15-1995]
A.
The Director may publish annually, in the
largest daily newspaper published in Smithville, Missouri, a list
of the industrial users which, during the previous twelve (12) months,
were in significant non-compliance with applicable pretreatment standards
and requirements. The term "significant non-compliance" shall mean
one (1) or more of the following:
1.
Chronic violations of pretreatment
standards, defined here as those in which sixty-six percent (66%)
or more of wastewater measurements taken during a six-month period
exceed the daily maximum limit or average limit for the same parameter
by any amount;
2.
Technical review criteria (TRC) violations,
defined here as those in which thirty-three percent (33%) or more
of wastewater measurements taken for each pollutant parameter during
a six-month period equals or exceeds the product of the daily maximum
limit or the average limit multiplied by the applicable criteria.
The criteria for fats, oils and grease is 1.4. For all other parameters
except pH, the criteria is 1.2;
3.
Any other discharge violation that
the Director believes has caused, or has the potential to cause, alone
or in combination with other discharges, interference or pass through,
or to endanger the health or welfare of City personnel or the general
public;
4.
Any discharge of pollutants that
has caused imminent endangerment to the public or to the environment,
or has resulted in the City's exercise of emergency authority to halt
or prevent such a discharge;
5.
Failure to meet, within ninety (90)
days of the scheduled date, a compliance schedule milestone contained
in a wastewater discharge permit or an enforcement order for starting
construction, completing construction, or attaining final compliance;
6.
Failure to provide, within thirty
(30) days after the due date, any required reports, including baseline
monitoring reports, ninety-day compliance reports, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
7.
Failure to accurately report non-compliance.
[R.O. 1991 § 703.470; Ord. No. 1643 § 1, 8-15-1995]
If any person or industrial user
violates the provisions of this Chapter or any order of the Director,
the City Attorney may commence an action for legal or equitable relief
in any court with appropriate jurisdiction.
[R.O. 1991 § 703.480; Ord. No. 1643 § 1, 8-15-1995]
Any person who is found to have violated
an order of the Director or who failed to comply with any provisions
of this Chapter and the orders, rules, regulations and permits issued
hereunder shall be subject to a penalty not exceeding five hundred
dollars ($500.00) per offense in addition to paying for the damages
(including restoration) caused by said violation or failure to comply.
Each calendar day in which a violation continues shall be considered
a separate offense subject to the penalty provided herein. In addition
to the penalties provided herein, the City may recover reasonable
attorneys' fees, court costs, court reporters' fees and other expenses
of litigation by appropriate suit at law against the person found
to have violated this Chapter or the orders, rules, regulations and
permits issued hereunder.
[R.O. 1991 § 703.490; Ord. No. 1643 § 1, 8-15-1995]
Any person or industrial user who
violates any provision of this Chapter, any orders or wastewater discharge
permits issued hereunder, or any other pretreatment requirement shall,
upon conviction, be guilty of a violation of this Chapter, and shall
be subject to a fine of not less than fifty dollars ($50.00) but not
more than five hundred dollars ($500.00) per day per violation or
by imprisonment for not more than ninety (90) days or both. For any
continuing violation, each day of the violation shall be considered
a separate offense.
[R.O. 1991 § 703.500; Ord. No. 1643 § 1, 8-15-1995]
Any person violating any provision
of this Chapter shall become liable to the City for any expenses incurred
by the City as a result of such violation.
[R.O. 1991 § 703.510; Ord. No. 1643 § 1, 8-15-1995]
A.
Any industrial user found to be in violation
of this Chapter or of any wastewater discharge permit or order issued
hereunder is subject to termination of water and/or sewer service.
[R.O. 1991 § 703.520; Ord. No. 1643 § 1, 8-15-1995]
The Director may order any person
who causes or contributes to violation(s) of this Chapter, wastewater
discharge permits or orders issued hereunder, or any other pretreatment
standard or pretreatment requirement, to appear before the Director
and show cause why a proposed enforcement action should not be taken.
Notice shall be served on the person specifying the time and place
for the hearing, the proposed enforcement action, the reasons for
such action, and a request that the person show cause why this 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 seven (7) days prior to the hearing. Such
notice may be served on any authorized representative of the industrial
user. A show cause hearing shall not be a prerequisite for taking
any other action and shall not otherwise limit the Director's authority
to proceed under this Chapter during the pendency of the show cause
proceedings.
[R.O. 1991 § 703.530; Ord. No. 1643 § 1, 8-15-1995]
A.
The Director may immediately suspend water
and/or sewer service to an industrial user whenever such suspension
is necessary in order to stop an actual or threatened discharge which
reasonably appears to present or cause an imminent or substantial
endangerment to the health or welfare of persons, which threatens
to interfere with the operation of the POTW, or which presents or
may present an endangerment to the environment.
B.
Any industrial user notified of a suspension of water and/or sewer service shall immediately stop or eliminate its discharge. If an industrial user fails to immediately comply with the suspension order, the Director shall take such steps as are deemed necessary, including immediate severance of the sewer connection and termination of water service, to prevent or minimize damage to the POTW, the receiving stream, or endangerment to any individuals. The Director shall allow the industrial user to recommence its discharge when the industrial user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings set forth in Section 703.510 are initiated against the industrial user.
C.
An industrial user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the cause(s) of the harmful discharge and the measures taken to prevent any future occurrence to the Director, prior to the date of any show cause or termination hearing under Sections 703.510 and 703.520.
D.
Nothing in this Section shall be interpreted
as requiring a hearing prior to any emergency suspension under this
Section.
[R.O. 1991 § 703.540; Ord. No. 1643 § 1, 8-15-1995]
[R.O. 1991 § 703.550; Ord. No. 1643 § 1, 8-15-1995]
A.
Industrial users shall pay the cost of
the wastewater discharge permitting program, and the cost for any
treatment of discharges with BOD and/or suspended solids in excess
of that found in normal sewage in accordance with this Section.
1.
All permittees are responsible for
defraying the costs of administering the permitting program.
2.
Permit application review fees are
applicable and are normally due at the time of the permit application.
Permit application review fees shall normally be billed at the same
time as the water bill and the normal sewer service charge unless
otherwise approved by the Director.
3.
If additional sampling and analyses
are required by enforcement circumstances or at the discretion of
the Director, sample collection shall be billed at the rate of fifty
dollars ($50.00) per occurrence (day) and sample analyses shall be
billed at cost. Enforcement sampling and testing charges shall normally
be billed at the same time as the water bill and the normal sewer
service charge unless otherwise approved by the Director.
4.
A wastewater discharge permit shall
be issued/reissued only after payment of applicable fees. Permit fees
are non-refundable. The following fees are applicable:
A wastewater discharge permit fee
of two hundred fifty dollars ($250.00) shall be charged annually for
all wastewater discharge permits.
[R.O. 1991 § 703.560; Ord. No. 1643 § 1, 8-15-1995]
A.
Imposition. When the BOD, suspended solids
and/or oil and grease concentration of a discharge exceeds the maximum
concentration of any or all of these components in normal sewage,
a surcharge or surcharges established by the formula hereinafter set
forth shall be levied in addition to the normal sewer service charge.
B.
Computation Of Amount.
1.
The surcharge shall be computed by using the following formula:
|
SBOD
|
=
|
(VS)(0.00624)(RB)(BOD-250)
|
|
SSS
|
=
|
(VS)(0.00624)(RS)(SS-250)
|
|
SO&G
|
=
|
(VS)(0.00624)(RG)(OG-30)
|
|
ESC
|
=
|
Extra strength control charges
|
2.
The symbols, letters or figures employed in the formula signify:
|
SBOD, SSS and SO&G
|
=
|
Extra strength surcharges in dollars
|
|
VS
|
=
|
Wastewater volume in hundred cubic
feet
|
|
0.00624
|
=
|
Conversion factor from milligrams
per liter to pounds per hundred cubic feet
|
|
RB
|
=
|
Surcharge rate established in this
Chapter, as the same now exists or may hereafter be amended, in dollars
for the treatment of each pound of BOD in excess of two hundred fifty
(250) mg/l, which is the concentration of normal sewage
|
|
BOD
|
=
|
BOD concentration of the discharge
in milligrams per liter
|
|
RS
|
=
|
Surcharge rate established in this
Chapter, as the same now exists or may hereafter be amended, in dollars
for the treatment of each pound of suspended solids in excess of two
hundred fifty (250) mg/l, which is the concentration of normal sewage
|
|
SS
|
=
|
Suspended solids concentration of
the discharge in milligrams per liter
|
|
RG
|
=
|
Surcharge rate established in this
Chapter, as the same now exists or may hereafter be amended, in dollars
for the treatment of each pound of oil and grease in excess of thirty
(30) mg/l, which is the concentration of normal sewage
|
|
OG
|
=
|
Oil and grease concentration of the
discharge in milligrams per liter
|
|
ESC
|
=
|
Extra strength control charge
|
3.
The extra strength control (ESC) charge shall be the actual departmental
cost for each individual user, including overhead, related to obtaining,
measuring and analyzing wastewater samples to determine wastewater
strengths for billing purposes. The Director shall determine the method
and frequency of said testing as may be reasonable for each industrial
user in accordance with recognized engineering practices; provided,
however, that an industrial user shall be entitled to additional sampling
at its request upon payment of additional costs therefor. In lieu
of sampling and analysis by the City, the Director, at his/her discretion,
may permit an industrial user to collect and analyze samples of its
own wastewater at its own expense, provided that samples are taken
at least annually and collected and analyzed in accordance with standard
laboratory methods and the results are certified by a professional
engineer registered in the State of Missouri. The City reserves the
right to verify any such submitted data.
[R.O. 1991 § 703.570; Ord. No. 1643 § 1, 8-15-1995]
A.
Any surcharge or surcharges pursuant to Section 703.560 shall be shown on the water bill as a separate item or items which shall show the amount of the surcharge or surcharges and shall be payable to the City Clerk at the same time as the water bill and the normal sewer service charge.
B.
Any permit application fee pursuant to Section 703.550 shall be shown on the water bill as a separate item which shall show the amount of the permit application fee and shall be payable to the City Clerk at the same time as the water bill and the normal sewer service charge.
C.
Any permit maintenance fee pursuant to Section 703.550 shall be shown on the water bill as a separate item which shall show the amount of the permit maintenance fee and shall be payable to the City Clerk at the same time as the water bill and the normal sewer service charge.
D.
Any enforcement sampling and testing charges pursuant to Section 703.550 shall be shown on the water bill as a separate item which shall show the amount of the enforcement sampling and testing charges and shall be payable to the City Clerk at the same time as the water bill and the normal sewer service charge.
E.
All surcharge, permit application, permit
maintenance, and/or sampling and testing revenue collected in accordance
with the provisions of this Section shall be deposited with the City
Clerk in the same separate fund as is the revenue collected for the
normal sewer service charge. All such revenue shall be used to pay
the cost of constructing, operating, maintaining, and enlarging the
existing or future wastewater works of the City, and to pay the principal
and interest of sewer revenue bonds.
[R.O. 1991 § 703.580; Ord. No. 1643 § 1, 8-15-1995]
A.
Sewerage services may be extended to governmental
jurisdictions outside the City limits through interjurisdictional
agreements (IJAs). These IJAs shall contain provisions to recover
the costs of these sewerage services and to comply with industrial
pretreatment regulations. The Director, with the approval of the Board
of Aldermen, may enter into cooperative agreements for wastewater
collection and/or treatment services with other governmental jurisdictions,
provided that:
1.
The other jurisdiction adopts a sewer
use ordinance which is at least as stringent as this Chapter and adopts
local limits which are at least as stringent as those set forth in
this Chapter.
2.
The other jurisdiction submits a
revised commercial and industrial user inventory for those areas flowing
into the City sewer system on at least an annual basis.
3.
The other jurisdiction conducts an
EPA- or State-approved program of pretreatment implementation activities
including industrial user permit issuance, inspection and sampling,
and enforcement, or authorizes the City or the City of Kansas City,
Missouri, and its servants, employees or agents to conduct such activities
on its behalf.
4.
The other jurisdiction agrees to
provide the City with access to all information that the other jurisdiction
obtains as part of its pretreatment activities in areas served by
the POTW.
5.
The other jurisdiction agrees to pay the appropriate surcharge as determined by Section 703.560 of this Chapter based upon the measured flow and concentration of BOD, suspended solids, and oil and grease at each interconnection point.
6.
The other jurisdiction's total discharge to the POTW meets the general prohibitions provided in Section 703.110 and the following specific pollutant limitations:
|
Pollutant
|
Daily Maximum
|
|---|---|
|
Arsenic
|
0.100 mg/l
|
|
Benzene
|
0.100 mg/l
|
|
Cadmium
|
0.240 mg/l
|
|
Chromium
|
0.500 mg/l
|
|
Copper
|
0.300 mg/l
|
|
Cyanide
|
0.800 mg/l
|
|
Ethylbenzene
|
0.200 mg/l
|
|
Lead
|
0.300 mg/l
|
|
Mercury
|
0.004 mg/l
|
|
Nickel
|
1.200 mg/l
|
|
Phenols
|
2.000 mg/l
|
|
Silver
|
0.500 mg/l
|
|
Thallium
|
0.400 mg/l
|
|
Toluene
|
0.200 mg/l
|
|
Xylene
|
0.200 mg/l
|
|
Zinc
|
0.800 mg/l
|
|
PCBs
|
0.002 mg/l
|
|
Total toxic organics (TTOs) as defined
by 40 CFR 433.11(e) shall not exceed 1.0 mg/l at any time.
| |
[R.O. 1991 § 703.590; Ord. No. 1643 § 1, 8-15-1995]
Information and data about an industrial
user obtained from reports, surveys, wastewater discharge permit applications,
wastewater discharge permits, monitoring programs, and from inspection
and sampling activities shall be available to the public unless the
industrial user specifically requests otherwise and is able to demonstrate
to the satisfaction of the Director that the information is not required
to be disclosed under Missouri or Federal law. When the industrial
user has demonstrated that such information should be held confidential,
the portions of a report which might disclose the confidential information
shall not be made available for inspection by the public, but shall
be made available upon request to governmental agencies for uses related
to the NPDES program or pretreatment program, and in enforcement proceedings
involving the person furnishing the report. The City shall be permitted
to introduce any admissible evidence it deems necessary in any criminal
prosecution without regard to the request for confidentiality under
this Section. Wastewater constituents and characteristics and other
"effluent data" as defined by 40 CFR 2.302 shall not be recognized
as confidential information and shall be available to the public.
[R.O. 1991 § 703.600; Ord. No. 1643 § 1, 8-15-1995]
This Chapter shall take precedence
over any other earlier ordinances or sections thereof which may be
in conflict with this Chapter.
