[R.O. 2004 §715.010; CC 1990 §715.010; Ord. No. 422 §1, 5-27-1981]
Unless the context specifically indicates otherwise, the following terms, as used in this Chapter, shall have the meanings hereinafter designated:
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- 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 terms of weight and concentration (milligrams per liter).
- COMPATIBLE POLLUTANT
- BOD, suspended solids, pH and fecal coliform bacteria and such additional pollutants as are now or may be in the future specified and controlled in this City's NPDES permit for its wastewater treatment works where said words have been designed and used to reduce or remove such pollutants.
- COMPOSITE SAMPLE
- A representative wastewater sample composed of eight (8) or more aliquots collected in volumes proportional to flow at regular intervals over the course of an entire normal workday.
- COOLING WATER
- The water discharged from any use such as air-conditioning, cooling or refrigeration during which the only pollutant added to the water is heat.
- The City Administrator or Sewer Department Superintendent.
- DOMESTIC WASTES
- Liquid wastes:
- Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of food.
- HEARING AUTHORITY
- The Board of Aldermen of Pevely, Missouri, or such hearing examiner or subcommittee of said Board so designated by resolution.
- INCOMPATIBLE POLLUTANT
- Any pollutant which is not a "compatible pollutant" as defined in this Section.
- INDUSTRIAL WASTEWATER
- The liquid wastes resulting from the processes employed in industrial, manufacturing, trade or business establishments, as distinct from domestic wastes.
- MAJOR INDUSTRIAL USER
- Any user of the City's wastewater treatment system whose industrial wastewater flow exceeds five thousand (5,000) gallons per day.
- The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone and the oceans pursuant to Section 402 of the Act.
- Any individual, firm, company, partnership, corporation, association, group or society and includes the State of Missouri and agencies, districts, commissions and political subdivisions created by or pursuant to State law.
- The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.
- Application of physical, chemical and biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater into the publicly owned wastewater treatment system.
- PRETREATMENT STANDARDS
- All applicable Federal rules and regulations implementing Section 307 of the Act, as well as any non-conflicting State or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied.
- Any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.
- SUSPENDED SOLIDS
- 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.
- UNPOLLUTED WATER
- Water not containing any pollutants limited or prohibited by the effluent standards in effect or water whose discharge will not cause any violation of receiving water quality standards.
- Any person who discharges, causes or permits the discharge of wastewater into the City's wastewater treatment system.
- USER CLASSIFICATION
- A classification of user based on the 1972 (or subsequent) edition of the Standard Industrial Classification (SIC) Manual prepared by the Office of Management and Budget.
- The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any ground water, surface water and stormwater that may be present, whether treated or untreated, which is discharged into or permitted to enter the City's treatment works.
- WASTEWATER TREATMENT SYSTEM
- Any devices, facilities, structures, equipment or works owned or used by the City for the purpose of the transmission, storage, treatment, recycling and reclamation of industrial and domestic wastes or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and their appurtenances; extensions, improvements, 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.
[R.O. 2004 §715.020; CC 1990 §715.020; Ord. No. 422 §2, 5-27-1981]
Prohibitions On Wastewater Discharges. No person shall discharge or deposit or cause or allow to be discharged or deposited into the wastewater treatment system any wastewater which contains the following:
Explosive mixtures. Liquids, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the sewerage facilities or to the operation of the system. At no time shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the sewer system, be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (L.E.L.) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromate, hydrides and sulfides.
Noxious material. Noxious or malodorous solids, liquids or gases which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or are or may be sufficient to prevent entry into a sewer for its maintenance and repair.
Improperly shredded garbage. Garbage that has not been ground and comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particle greater than one-half (½) inch in any dimension.
Radioactive wastes. Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the sewerage facilities or personnel operating the system.
Solid or viscous wastes. Solid or viscous wastes which will or may cause obstruction to the flow in a sewer or otherwise interfere with the proper operation of the wastewater treatment system. Prohibited materials include, but are not limited to, grease, uncomminuted garbage, 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, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil and similar substances.
Excessive discharge rate. Wastewaters at a flow rate or containing such concentrations or quantities of pollutants that exceeds for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration, quantities or flow during normal operation and that would cause a treatment process upset and subsequent loss of treatment efficiency.
Toxic substances. Any toxic substances in amounts exceeding standards promulgated by the Administrator of the United States Environmental Protection Agency pursuant to Section 307 (a) of the Act and chemical elements or compounds, phenols or other taste- or odor-producing substances or any other substances which are not susceptible to treatment or which may interfere with the biological processes or efficiency of the treatment system or that will pass through the system.
Unpolluted waters. Any unpolluted water including, but not limited to, water from cooling systems or of stormwater origin which will increase the hydraulic load on the treatment system.
Discolored material. Wastes with objectionable color not removable by the treatment process.
Corrosive wastes. Any waste which will cause corrosion or deterioration of the treatment system. All wastes discharged to the public sewer system must have a pH value in the range of six (6) to nine (9) standard units. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride and fluoride compounds and substances which will react with water to form acidic products.
Hazardous wastes. Any waste containing any pollutant in a concentration sufficient that it would be classified as a hazardous waste under RCRA regulations as defined by 40 CFR 261-265, May 19, 1980.
Specific Limitations. The maximum concentrations of pollutants allowable in wastewater discharges to the wastewater treatment system of the City shall be the same as the current concentrations allowed by the Metropolitan St. Louis Sewer District for Daily Average Limit for Small River. Dilution of any wastewater discharge for the purpose of satisfying these requirements shall be considered a violation of this Chapter.
Special Agreements. Nothing in this Section shall be construed as preventing any special agreement or arrangement between the City and any user of the wastewater treatment system whereby wastewater of unusual strength or character is accepted into the system and specially treated, subject to any payments or user charges as may be applicable.
[R.O. 2004 §715.030; CC 1990 §715.030; Ord. No. 422 §3, 5-27-1981]
Regulatory Actions. If wastewaters containing any substance described in Section 710.020 of this Chapter are discharged or proposed to be discharged into the sewer system of the City or to any sewer system tributary thereto, the Director and City Attorney may take any action necessary to:
Prohibit the discharge of such wastewater.
Require a discharger to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances in conformity with this Chapter.
Require pretreatment, including storage facilities, or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate these rules and regulations.
Require the person making, causing or allowing the discharge to pay any additional cost or expense incurred by the City for handling and treating excess loads imposed on the treatment system.
Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this Chapter.
Submission Of Plans. Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater treatment system is required, plans, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall first be submitted to the Director for review and approval. Such approval shall not exempt the discharge or such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the Director.
Pretreatment Facilities Operations. If pretreatment or control of waste flows is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at his/her own cost and expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances and laws.
Admission To Property. Whenever it shall be necessary for the purpose of these rules and regulations, the Director, upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of:
Protection From Accidental Discharge. Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or operator's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Director for review and shall be approved by him/her before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify his/her facility as necessary to meet the requirements of this Chapter.
Reporting Of Accidental Discharge. If, for any reason, a facility does not comply with or will be unable to comply with any prohibition or limitation in this Chapter, the facility responsible for such discharge shall immediately notify the Director so that corrective action may be taken to protect the treatment system. In addition, a written report addressed to the Director detailing the date, time and cause of the accidental discharge the quantity and characteristics of the discharge and corrective action taken to prevent future discharges shall be filed by the responsible industrial facility within five (5) days of the occurrence of the non-complying discharge.
[R.O. 2004 §715.040; CC 1990 §715.040; Ord. No. 422 §4, 5-27-1981]
Every major industrial user shall file a quarterly discharge report at such intervals as are designated by the Director. The Director may require any other industrial users discharging or proposing to discharge into the treatment system to file such periodic reports.
The discharge report shall include, but, in the discretion of the Director, shall not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, concentrations of controlled pollutants or other information which relates to the generation of waste. Such reports may also include the chemical constituents and quantity of liquid materials stored on site even though they are not normally discharged. In addition to discharge reports, the Director may require information in the form of industrial discharge permit applications and self-monitoring reports.
Records And Monitoring.
All major industrial users who discharge or propose to discharge wastewaters to the wastewater treatment system shall maintain such records of production and related factors, effluent flows and pollutant amounts or concentrations as are necessary to demonstrate compliance with the requirements of this Chapter and any applicable State or Federal pretreatment standards or requirements.
Such records shall be made available upon request by the Director. All such records relating to compliance with pretreatment standards shall be made available to officials of the U.S. Environmental Protection Agency upon demand. A summary of such data indicating the industrial user's compliance with this Chapter shall be prepared quarterly and submitted to the Director.
The owner or operator of any premises or facility discharging industrial wastes into the system shall install at his/her own cost and expense suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of wastes. Such equipment shall be maintained in proper working order and kept safe and accessible at all times.
The monitoring equipment shall be located and maintained on the industrial user's premises outside of the building. When such a location would be impractical or cause undue hardship on the user, the Director may allow such facility to be constructed in the public street or sidewalk area, with the approval of the public agency having jurisdiction over such street or sidewalk, and located so that it will not be obstructed by public utilities, landscaping or parked vehicles.
When more than one (1) user can discharge into a common sewer, the Director may require installation of separate monitoring equipment for each user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the Director may require that separate monitoring facilities be installed for each separate discharge.
Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the Director's requirements and all applicable construction standards and specifications.
The Director reserves the right to request duplicate (or split) samples for comparative analysis. The Director reserves the right to stipulate the days upon which the self-monitoring shall take place.
Inspection, Sampling And Analysis.
Compliance determination. Compliance determinations and limitations may be made on the basis of either instantaneous grab samples or composite samples of wastewater. Composite samples may be taken over a twenty-four (24) hour period or over a longer or shorter time span as determined necessary by the Director to meet the needs of specific circumstances.
Analysis of industrial wastewaters. Laboratory analysis of industrial wastewater samples shall be performed in accordance with the current edition of "Standard Methods", "Methods for Chemical Analysis of Water and Waste" published by the U.S. Environmental Protection Agency or the "Annual Book of Standards, Part 23, Water, Atmospheric Analysis" published by the American Society for Testing and Materials. Analysis of those pollutants not covered by these publications shall be performed in accordance with procedures established by the State Department of Natural Resources.
Discharge report, sampling frequency.
All major industrial users must report parameters presented on List A of Section 710.020 in their quarterly discharge report based on analyses of one (1) or more composite samples collected within one (1) year of the date of submission.
Major industrial users reporting a flow of less than twenty-five thousand (25,000) gallons per day must submit results of self-monitoring for parameters presented on List B of Section 710.020 in their quarterly discharge report based on analyses of one (1) or more composite samples collected within the quarter of record.
Major industrial users reporting a flow of greater than twenty-five thousand (25,000) gallons per day must install a flow recording device to provide a permanent and continuous record of the quantity of their total discharge to the City's treatment system and submit results of self-monitoring for parameters presented on List B of Section 710.020 in their quarterly discharge report based on flow measurements and analyses of daily composite samples collected at least once per week during the quarter of record. Furthermore, if at any time results of self-monitoring indicate that standards presented in List B for BOD5, total suspended solids, COD or grease and oil exceed the permissible limit, the operator of the source shall notify the Director of this situation in writing within five (5) days. The Director may then require the operator of the source to conduct daily composite self-monitoring until the operator has demonstrated that the situation has been corrected.
[R.O. 2004 §715.050; CC 1990 §715.050; Ord. No. 422 §5, 5-27-1981]
Wastewater Discharge Permits Required. All major industrial users proposing to connect to or discharge into any part of the wastewater treatment system must first obtain a temporary discharge permit therefor. All existing major industrial users connected to or discharging to any part of the City system must obtain a wastewater charge permit within sixty (60) days from and after May 27, 1981.
Permit Application. Users seeking a wastewater discharge permit shall complete and file with the Director an industrial user pretreatment questionnaire (kept on file in the City Clerk's office) and accompanied by the applicable fee. In support of this application, the user shall submit the following information:
Name, address and SIC number of applicant.
Volume of wastewater to be discharged.
Wastewater constituents and characteristics including, but not limited to, those set forth in Section 710.020 of this Chapter as determined by a reliable analytical laboratory.
For existing sources discharging greater than five thousand (5,000) gallons per day but less than twenty-five thousand (25,000) gallons per day, reporting of parameters on Lists A and B may be based on an analysis of a single composite sample. However, the operator may supply results of analyses of additional composite samples if desired. All samples must be collected within three (3) months prior to the date of submission of the permit application.
For existing sources discharging greater than twenty-five thousand (25,000) gallons per day, report of parameters on List A may be based on one (1) or more composite samples collected within three (3) months of the date of submission of the application. Parameters shown on List B must be based on no less than seven (7) samples collected within three (3) months of the date of submission.
For new sources with no actual operating data, the operator shall estimate each of the parameters shown in Lists A and B of Section 710.020 and shall cite the basis for these estimates. This information will be used to develop temporary permit provisions. Within sixty (60) days of attainment of normal operations, the operator of the source shall apply for a permit by reporting actual operating data as required in paragraphs (a) or (b) of this Subsection, whichever is applicable.
Average and thirty (30) 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 and appurtenances by size, location and elevation.
Description of activities, facilities and plant processes on the premises including all materials and types of materials which are or could be discharged.
Each product produced by type, amount and rate of production.
Number and type of employees and hours of work.
Any other information as may be deemed by the Director to be necessary to evaluate the permit application.
The Director will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Director may issue a wastewater discharge permit subject to terms and conditions provided herein.
Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this Chapter and all other regulations, user charges and fees established by the City. The conditions of wastewater discharge permits shall be uniformly enforced in accordance with this Chapter and applicable State and Federal regulations. Permit conditions will include the following:
The unit charge or schedule of user charges and fees for the wastewater to be discharged to the system.
The average and maximum wastewater constituents and characteristics.
Limits on rate and time of discharge or requirements for flow regulations and equalization.
Requirements for installation of inspection and sampling facilities and specifications for monitoring programs.
Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharges.
Daily average and daily maximum discharge rates or other appropriate conditions when pollutants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge.
Other conditions to ensure compliance with this Chapter.
Duration Of Permits. Permits shall be issued for a specified time period not to exceed one (1) year. The terms and conditions of the permit may be subject to modification and change by the Director during the life of the permit, as limitations or requirements as identified in Section 710.020 are modified and changed. 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.
Transfer Of A Permit. 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.
Revocation Of Permit. Any user who violates the following conditions of his/her permit or of this Chapter or of applicable State and Federal regulations is subject to having his/her permit revoked. Violations subjecting a user to possible revocation of his/her permit include, but are not limited to, the following:
Failure of a user to accurately report the wastewater constituents and characteristics of his/her discharge;
Failure of the user to report significant changes in operations or wastewater constituents and 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. 2004 §715.060; CC 1990 §715.060; Ord. No. 422 §6, 5-27-1981]
Notification Of Violation. Whenever the Director finds that any person has violated or is violating this Chapter or any prohibition, limitation or requirement contained herein, he/she may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty (30) days, for the satisfactory correction thereof.
Show Cause Hearing.
If the violation is not corrected by timely compliance, the Director may order any person who causes or allows an unauthorized discharge to show cause before the hearing authority why service should not be terminated. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the hearing authority regarding the violation and directing the offending party to show cause before said authority why an order should not be made directing the termination of service. 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 hearing authority may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the assigned department to:
Issue in the name of the hearing authority notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings.
Take the evidence.
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the hearing authority for action thereon.
At any public hearing, testimony taken before the hearing authority or any person designated by it must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any part to the hearing upon payment of the usual charges therefor.
After the hearing authority has reviewed the evidence, it may issue an order to the party 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 or existing treatment facilities, devices or other related appurtenances are properly operated and such further orders and directives as are necessary and appropriate.
Legal Action. Any discharge in violation of the substantive provisions of this Chapter or an order of the hearing authority shall be considered a public nuisance. If any person discharges sewage, industrial wastes or other wastes into the City treatment system contrary to the substantive provisions of this Chapter or any order of the hearing authority, the Corporation Counsel/City Attorney shall commence an action for appropriate legal and/or equitable relief in the Circuit Court of this County.