[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:
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).
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.
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.
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.
Liquid wastes:
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of food.
The Board of Aldermen of Pevely, Missouri, or such hearing
examiner or subcommittee of said Board so designated by resolution.
Any pollutant which is not a "compatible pollutant" as defined
in this Section.
The liquid wastes resulting from the processes employed in
industrial, manufacturing, trade or business establishments, as distinct
from domestic wastes.
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.
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.
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.
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.
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.
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.
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Terms not otherwise defined herein shall be as adopted in the
latest edition of "Standard Methods for the Examination of Water and
Wastewater" published by the American Public Health Association, the
American Water Works Association and the Water Pollution Control Federation.
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[R.O. 2004 §715.020; CC 1990 §715.020; Ord. No. 422 §2, 5-27-1981]
A.Â
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:
1.Â
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.
2.Â
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.
3.Â
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.
4.Â
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.
5.Â
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.
6.Â
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.
7.Â
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.
8.Â
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.
9.Â
Discolored material. Wastes with objectionable
color not removable by the treatment process.
10.Â
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.
11.Â
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.
B.Â
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.
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Pollutant
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Maximum Allowable Concentration (mg/l) Unless Otherwise
Shown
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Total suspended solids
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300
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Grease and oil
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100
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BOD5
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250
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COD
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450
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pH
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6.0 to 9.0 (standard units)
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Temperature
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Not greater than 150°F
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Flow
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By permit agreement
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C.Â
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]
A.Â
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:
1.Â
Prohibit the discharge of such wastewater.
2.Â
Require a discharger to demonstrate that in-plant modifications will
reduce or eliminate the discharge of such substances in conformity
with this Chapter.
3.Â
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.
4.Â
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.
5.Â
Take such other remedial action as may be deemed to be desirable
or necessary to achieve the purpose of this Chapter.
B.Â
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.
C.Â
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.
D.Â
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:
E.Â
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.
F.Â
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]
A.Â
Discharge Reports.
1.Â
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.
2.Â
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.
B.Â
Records And Monitoring.
1.Â
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.
2.Â
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.
3.Â
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.
4.Â
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.
5.Â
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.
6.Â
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.
7.Â
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.
C.Â
Inspection, Sampling And Analysis.
1.Â
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.
2.Â
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.
3.Â
Discharge report, sampling frequency.
a.Â
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.
b.Â
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.
c.Â
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]
A.Â
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.
B.Â
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:
1.Â
Name, address and SIC number of applicant.
2.Â
Volume of wastewater to be discharged.
3.Â
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.
a.Â
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.
b.Â
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.
c.Â
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.
4.Â
Average and thirty (30) minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
5.Â
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers and appurtenances by size, location and elevation.
6.Â
Description of activities, facilities and plant processes on the
premises including all materials and types of materials which are
or could be discharged.
7.Â
Each product produced by type, amount and rate of production.
8.Â
Number and type of employees and hours of work.
9.Â
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.
C.Â
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:
1.Â
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to the system.
2.Â
The average and maximum wastewater constituents and characteristics.
3.Â
Limits on rate and time of discharge or requirements for flow regulations
and equalization.
4.Â
Requirements for installation of inspection and sampling facilities
and specifications for monitoring programs.
5.Â
Requirements for maintaining and submitting technical reports and
plant records relating to wastewater discharges.
6.Â
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.
7.Â
Compliance schedules.
8.Â
Other conditions to ensure compliance with this Chapter.
D.Â
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.
E.Â
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.
F.Â
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:
1.Â
Failure of a user to accurately report the wastewater constituents
and characteristics of his/her discharge;
2.Â
Failure of the user to report significant changes in operations or
wastewater constituents and characteristics;
3.Â
Refusal of reasonable access to the user's premises for the purpose
of inspection or monitoring; or
4.Â
Violation of conditions of the permit.
[R.O. 2004 §715.060; CC 1990 §715.060; Ord. No. 422 §6, 5-27-1981]
A.Â
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.
B.Â
Show Cause Hearing.
1.Â
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.
2.Â
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:
a.Â
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.
b.Â
Take the evidence.
c.Â
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the hearing authority
for action thereon.
3.Â
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.
4.Â
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.
C.Â
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.
