City of Moscow Mills, MO Article IV Discharge Permits

§ 117.400 Prohibition of discharges without permit.

It shall be unlawful for any Significant Industrial User to discharge wastewater to the POTW without a permit, or contrary to the conditions of a permit, issued by the POTW in accordance with the provisions of this ordinance.

§ 117.405 Permits.

A. Wastewater discharge permit. All Significant Industrial Users proposing to connect to or to contribute to the POTW shall obtain a Wastewater Discharge Permit before connecting to or contributing to the POTW. All Significant Industrial Users which are existing Sources connected to or contributing to the POTW shall obtain a Wastewater Discharge Permit within 180 days after the effective date of this ordinance. All Industrial Users which become Significant Industrial Users after promulgation of this ordinance shall apply for a Wastewater Discharge Permit within 180 days after becoming a Significant Industrial User. (The latter includes, but is not limited to, Industrial Users regulated by the newly promulgated National Categorical Pretreatment Standard.)

B. Wastewater discharge permit application.

1. Significant Industrial Users required to obtain a Wastewater Discharge Permit shall complete and file with POTW an application in a form to be prescribed and furnished by the POTW and accompanied by a fee of $350.

2. Existing Significant Industrial Users shall apply for a Wastewater Discharge Permit within 90 days after the effective date of this ordinance. Proposed Significant Industrial Users which are New Sources shall apply at lease 90 days prior to discharging to the POTW. In case of conflict between application deadlines for Significant Industrial Users in § 117.405A and B2, the stricter deadline shall apply.

3. In support of the application, the Significant Industrial User shall submit, in units and terms appropriate for evaluation, the following information:

a. Name, address and location;

b. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

c. Wastewater constituents and characteristics including, but not limited to, those set forth in Article III of this ordinance as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with Standard Methods;

d. Time and duration of discharge;

e. Average and maximum wastewater flow rates, including monthly and seasonal variations, if any;

f. Site plans showing all pipe size, manholes and location of sanitary and storm sewers leaving the building or premises, together with all connections to lateral sanitary and storm sewers;

g. Total number of employees and hours of operation of a plant;

h. Proposed or actual hours of operation of pretreatment system and the name of the MODNR certified pretreatment operator;

i. Name of the authorized representative of the Significant Industrial User;

j. Significant Industrial User's source of intake water together with the types of usage and disposal sources of water and the estimated volumes in each category.

k. If additional Significant Industrial User operation and maintenance or pretreatment techniques or installations will be required to meet pretreatment standards, the shortest schedule by which the Significant Industrial User will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established under Article III.

l. Any other information as may be deemed by the POTW to be necessary to evaluate the permit application.

C. Review of wastewater discharge permit applications. The POTW will evaluate the data furnished by the Significant Industrial User and may require additional information. After evaluation of the data furnished, the POTW may issue a Wastewater Discharge Permit. No temporary permit will be issued by the POTW except as set forth in § 117.405G.

D. Permit conditions. Wastewater Discharge Permits shall be expressly subject to all provision of this ordinance and all other applicable regulations, user charges, and fees established by the POTW. Wastewater Discharge Permits shall contain the following:

1. The Wastewater Discharge Permit shall include the limits on daily maximum and average pollutant concentrations from the applicable pretreatment standard (which includes federal, state, and local limits) whichever is more stringent.

2. Limits on maximum and average flow rate and time of discharge or requirements for flow regulation and equalization for each separate discharge of a User.

3. Requirements for installation and operation of inspection, sampling and monitoring facilities.

4. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

5. Compliance schedule, if necessary.

6. Requirements for submission of technical reports or discharge reports.

7. Requirements to retain for a minimum of three years any records of monitoring activities and results relating to wastewater discharge and for affording the POTW access to said records.

8. Requirements for advance notification to the POTW of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system pursuant to the terms of § 117.405E of this Ordinance.

9. Requirements for notification of slug discharges as defined in this ordinance.

10. Requirements for reporting pretreatment sludge disposal practices.

11. Requirements that permittee allow the POTW or its representatives ready access upon presentation of credentials at reasonable times to all parts of its premises in which a discharge source or treatment system is located or in which records required by this ordinance are kept for the purposes of inspection, sampling, examination and photocopying of said records and for the performance of any of their duties.

12. Requirements that the permittee provide other information to the POTW from time to time as may reasonably be required.

13. Other conditions as deemed appropriate by the POTW to ensure compliance with this ordinance, and Pretreatment Requirements and Standards.

E. Change in conditions. In the event the type, quality, or volume of wastewater from the property for which a Wastewater Discharge Permit was previously granted is expected to materially and substantially change as reasonably determined by the permittee or POTW, the permittee previously granted such permit shall give thirty day notice in writing to the POTW and shall made a new application to the POTW prior to said change, in the same manner and form as originally made, provided that information previously submitted and unchanged need not be resubmitted by permittee. No permittee shall materially and substantially change the type, quality or volume of its wastewater beyond that allowed by its permit without prior approval of the POTW.

F. Duration. Wastewater Discharge Permits shall be used for a two-year period. The Permittee shall file an application for renewal of its permit at least 90 days prior to expiration of the User's Permit. The Industrial User shall apply, on a form provided by the POTW, for reissuance of the Permit.

G. Modification. The terms and conditions of the permit may be subject to modification by the POTW during the term of the permit as limitations or requirements as identified in Article III are modified or other just cause exists. Where the National Categorical Pretreatment Standards are modified by a removal allowance (40 CFR § 403.7) or the combined waste stream formula [40 CFR 403.6(e)] or net/gross calculations (40 CFR 403.15) or Fundamentally Different Factor Variance for non-toxics (40 CFR 403.13), of the General Pretreatment Regulations, the limits as modified shall be made a part of the wastewater Discharge Permit and shall be adjusted consistent with the USEPA guidelines and regulations. The Significant Industrial User shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Where any changes are made in the Significant Industrial User's permit, a reasonable time shall be given to achieve compliance. Reasonable time requires that a Significant Industrial User act in good faith to achieve compliance by the shortest possible schedule.

H. Transfer. Wastewater Discharge Permits are issued to a specific Significant Industrial User for the process activity specified in the permit. A Wastewater Discharge Permit shall not be assigned, transferred or sold to a new owner or new user in different premises or to a new or changed operation in the same or different premises without the approval of the POTW. If the premises are sold or otherwise transferred by the permittee to a new owner who will maintain the operation in the same premises, then the permit held by the seller shall be reissued by the POTW to the new owner as a temporary permit; provided that the new owner shall immediately apply for a new permit in accordance with this ordinance and further provided that the temporary permit shall only be effective for 90 days after the date of sale or transfer. The POTW shall have the same remedies for violation of temporary permits as it has for violation of other discharge permits.

§ 117.410 Denial of permit and appeal procedure.

A. No Wastewater Discharge Permit shall be issued by the POTW to any person or Industrial User whose discharge of material to sewers, whether shown upon his application or determined after inspection and testing conducted by the POTW, is not in conformity with POTW ordinances and regulations or whose application is incomplete or does not comply with the requirements of § 117.405B. The POTW shall state the reason or reasons for denial in writing, which shall be mailed or personally delivered to the applicant within 10 days after denial.

B. If the POTW refuses to grant or grants with conditions a wastewater discharge permit under Article IV, the applicant may, within 35 days, petition for a hearing before the Board of Aldermen, to contest the decision of the POTW. The Board of Aldermen shall review the permit application, the written denial or permit conditions and such other evidence and matters as the applicant and POTW Superintendent shall present. The decision of the Board of Aldermen shall be final.

§ 117.415 Reporting requirements for permittees.

A. Baseline Report (for categorical discharges only).

1. Industrial Users subject to National Categorical Pretreatment Standards shall submit Baseline Reports to the POTW in a form prescribed and furnished by the POTW.

2. Within 180 days after the effective date of a National Categorical Pretreatment Standard, or 180 days after a final administrative decision has been made upon a categorical determination submission in accordance with 40 CFR § 403.6(a)(4), which ever is later, Industrial Users which are Existing Sources subject to such National Categorical Pretreatment Standards and currently discharging to the POTW shall submit a properly completed Baseline Report.

3. New Sources, when subject to a National Categorical Pretreatment Standard, shall submit a Baseline Report no later than 180 days after discharging to the POTW.

4. In support of the baseline Report, the Industrial User shall submit, in units and terms specified in the application, the following information:

a. Name and address of the facility including the name of the operator and owners.

b. List of any environmental control permits held by or for the facility.

c. Brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such user. This description shall include a schematic process diagram indicating points of discharge to the POTW from the regulated processes.

d. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(1) Regulated process streams, and

(2) Other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e).

e. The Industrial User shall identify the National Categorical Pretreatment Standards applicable to each regulated process, and shall:

(1) Submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration shall be reported. The sample shall be representative of daily operations.

(2) Where feasible, obtain samples through the flow-proportional composite sampling techniques specified in the applicable National Categorical Pretreatment Standard. Where composite sampling is not feasible, a grab sample is acceptable.

(3) Sample based on the flow of the sampled stream, as follows: (Composite samples are required where feasible)

(a) Where the flow of the stream being sampled is less than or equal to 950,000 liters/day (approximately 250,000 gpd), the Industrial User shall take a minimum of one sample per month.

(b) Where the flow of the stream being sampled is greater than 950,000 liters/day (approximately 250,000 gpd) five samples within a two-week period.

(4) Take the samples immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, in order to evaluate compliance with the National Categorical Pretreatment Standards, the Industrial User shall measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e). Where an alternate concentration has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the POTW.

(5) Submit, only with POTW authorization, a Baseline Report which utilizes only historical data, so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

(6) Provide, for each report the time, date, and place, of sampling and methods of analysis and certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

f. The Industrial User shall provide a statement, reviewed by an authorized representative of the Industrial User and certified by a qualified professional indicating whether National Categorical Pretreatment Standards are being met on a consistent basis and, if not, whether additional operation and maintenance measures (O&M) or additional pretreatment is required for the Industrial User to meet the National Categorical Pretreatment Standards.

g. If additional pretreatment or O&M will be required to meet the National Categorical Pretreatment Standards, the Industrial User will provide the shortest schedule which will provide such additional pretreat or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable National Categorical Pretreatment Standard.

(1) Where the Industrial User's National Categorical Pretreatment Standard has been modified by a removal allowance (40 CFR 403.7) or the combined waste stream formula [40 CFR 403.6(e)], or net/gross calculations (40 CFR 403.15), at the time the Industrial User submits a Baseline Report the information required in § 117.415A4f and g shall pertain to the modified limits.

(2) If the National Categorical Pretreatment Standard for the Industrial User is modified after the Baseline Report is submitted, the Industrial User shall make any necessary amendments to information provided as a response to § 117.415A4f and g and submit them to the POTW within 60 days after the modified limit is approved.

h. The following conditions shall apply to any schedule submitted in response to § 117.415A4g.

(1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of applicable National Categorical Pretreatment Standards (e.g., hiring and engineer, completing preliminary plans, components, commencing construction, completing construction, etc.).

(2) No increment referred to in § 117.415A4h(1) shall exceed six months.

(3) Not later than 14 days following each date in the schedule and the final date for compliance, the User shall submit a progress report to the POTW including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the reason for delay, and the stops being taken by the Industrial User to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the POTW.

i. Such other information as may be reasonably requested by the POTW.

B. Compliance date report. Within 90 days following the date for final compliance with applicable National Categorical Pretreatment Standards, or in the case of a New Source, within such time as specified in its Wastewater Discharge Permit, but in any case no later than one year following commencement of the introduction by the New Source of wastewater into the POTW, any Industrial User subject to Pretreatment Standards and Requirements shall submit to the POTW a report, on forms provided by the POTW, indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by Pretreatment Standards and Requirements and the average and maximum daily flow for these process units in the User's facility which are limited by such Pretreatment Standards. The report shall state whether the applicable Pretreatment Standards are being met on a consistent basis and, if not, what additional User operation and maintenance or pretreatment techniques or installations are necessary to bring the User into compliance with the applicable Pretreatment Standards and requirements. This statement shall be signed by an authorized representative of the Industrial User and certified to by an authorized representative of the Industrial User and certified to by a qualified professional.

C. Periodic compliance reports for categorical industrial users.

1. All Significant Industrial Users subject to an applicable National Categorical Pretreatment Standard, after the compliance date of such applicable National Categorical Pretreatment Standard or, in the case of a New Source, after discharge of wastewater to the POTW begins, shall submit to the POTW during the months of June and December for the preceding two calendar quarters unless required more frequently in the National Categorical Pretreatment Standard or by the POTW or MODNR, a certified report indicating the nature and concentration of pollutants in the effluent which are limited by such applicable National Categorical Pretreatment Standards. In addition, this report shall include a record of measured or estimated average and maximum daily flow for the reporting period.

2. At the discretion of the POTW, the Wastewater Discharge Permittee shall sample, analyze and report to the POTW pollutants set forth in its Wastewater Discharge Permit.

3. At the discretion of the POTW and in consideration of such factors as a local high or low flow rate, holidays, budget cycles, the POTW may agree to alter the months during which the above reports are submitted.

§ 117.420 Monitoring facilities.

A. Significant Industrial Users shall provide and operate at the Significant Industrial User's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer or internal drainage systems. The monitoring facility will normally be situated on the User's premises but the POTW may, when such a location would be impractical and cause undue hardship to the User, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping, parked vehicles, or other activities of the user.

B. Where required by the POTW, additional control manholes or sampling chambers shall be provided at the end of each industrial process within an Industrial User's facility suitable for the determination of compliance with Pretreatment Standards.

C. Whenever required by a Wastewater Discharge Permit, any Significant Industrial User shall install a large manhole or sampling chamber for each separate discharge in the building sewer in accordance with plans and specifications approved by the POTW, installed and maintained at all times at the User's expense, which shall have ample room in each sampling chamber to permit the POTW to take accurate composite samples for analysis. The chamber shall be safely, easily and independently accessible to authorized representatives of the POTW at any time.

1. Each sampling chamber shall contain a Palmer-Bowlus flume unless a weir or similar device is approved by the POTW with a recording and totalizing register for measurement of the liquid quantity; or at the discretion of the POTW the metered water supply to the industrial plant may be used as the liquid quantity where it is substantiated to the POTW that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment agreed to by the POTW is made in the metered water supply to determine the liquid waste quantity.

2. When required, samples shall be taken every hour or half hour, as determined by the POTW and properly refrigerated and preserved in accordance with Standard Methods and shall be composited in proportion to the flow for a representative 24 hour sample. Such sampling shall be done as prescribed by the User's Wastewater Discharge Permit.

3. The sampling chamber, metering device, and documentation of the frequency of sampling, sampling methods and analyses of samples shall be subject, at any reasonable time, to inspection and verification by the POTW.

D. Whenever required by a Wastewater Discharge Permit, the permittee shall pay the costs of sampling of its discharge and the costs of analyses of its samples, whether or not the sampling and analyses are done by the permittee or by the POTW.

E. All measurements, tests, and analyses to which reference is made in this ordinance shall be determined and performed in accordance with the procedures established by the Administrator of the United States Environmental Protection Agency (hereafter "Administrator") pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the Administrator.

F. Where required by the POTW, any Significant Industrial User shall install, at the Owner's expense, a flow recording device with a seven day circular recorder, flow indicating and totalizing features, such as "Control Electronics Model P.D.S. 300" or equivalent, designed for open channel recording.

G. Where required by the POTW, any Significant Industrial User shall install, at the owner's expense, a stationary refrigerated sampler capable of flow proportional sampling such as an Isco Model 2710 R or equivalent. This requirement shall apply where continued violations to the conditions of the Wastewater Discharge Permit occur. "Continued" is defined as more than two within a twelve-month period.

§ 117.425 Inspection, sampling and records keeping.

A. The POTW, MODNR and USEPA may inspect the facilities of all Industrial Users to ascertain whether the purposes of this ordinance are being met and if all requirements of the ordinance are being complied with. Persons or occupants of premises in which a discharge source or treatment system is located or in which records are kept shall allow the POTW or its representative ready access upon presentation of credentials at reasonable times to all parts of said premises for the purposes of inspection, sampling, examination and photocopying of records required to be kept by this ordinance, and in the performance of any of their duties. The POTW shall have the right to set up on the Industrial User's property such devices as are necessary to conduct sampling, monitoring and metering operations. Where an Industrial User has security measures in force which would require suitable identification necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the POTW shall be permitted to enter immediately for the purposes of performing their specific responsibilities. Such arrangements shall be made by all Industrial Users with their security guards within 30 days of the passage of this ordinance.

B. Industrial Users and the POTW shall maintain records of all information resulting from any monitoring activities required by this ordinance and shall include:

1. The date, exact place, method and time of sampling and the names of the person or persons taking the samples;

2. The dates analyses were performed;

3. Who performed the analyses;

4. The analytical techniques/methods use; and

5. The results of such analyses.

C. The POTW and Industrial Users shall maintain such records for a minimum of three years and shall make such records available for inspection and copying by the MODNR and United States Environmental Protection Agency. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the Industrial User or operation of the POTW pretreatment program or when requested by the said Regional Administrator of the Director of MODNR.

§ 117.430 Confidential information.

A. Information and data relating to an Industrial User obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public without restriction unless the Industrial User specifically requests, and is able to demonstrate to the satisfaction of the POTW, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the Industrial User. Such information and data shall be made available upon written request to governmental agencies for uses related to this ordinance, the National Pollutant Discharge Elimination System (NPDES) permit, and for the use by the state or any state agency in judicial review or enforcement proceedings involving the person or Industrial User furnishing the report.

B. Information and data provided to the POTW which is effluent data shall be available to the Public without restriction.

C. Information claimed by an Industrial User to be confidential and which is not effluent data shall not be transmitted to the general public by the POTW except in accordance with the Freedom of Information Act.

D. The POTW shall implement measures to prevent the negligent release of confidential information; however, neither the POTW nor its employees shall be held legally responsible for release of information if they have acted in good faith.