[Ord. No. 380-2023, 2-21-2023[1]]
A. 
This Article sets forth uniform requirements for direct and indirect contributors into the Wastewater Collection and Treatment System for the City and enables the City to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the general pretreatment regulations (40 CFR, Part 403).
B. 
The objectives of this Article are:
1. 
To prevent the introduction of pollutants into the municipal wastewater system or contaminate the resulting sludge;
2. 
To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;
3. 
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
4. 
To provide for equitable distribution of the cost of the municipal wastewater system.
C. 
This Article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain non-domestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
D. 
This Article shall apply to the City and to persons outside the City who are, by contract or agreement with the City, users of the City POTW. Except as otherwise provided herein, the Superintendent of the City POTW shall administer, implement, and enforce the provisions of this Article.
[1]
Editor's Note: Former Chapter 705, Sewers and Sewage Disposal, containing Sections 705.010 throughout 705.680, was repealed 2-21-2023 by Ord. No. 380-2023. Prior history includes: Ord. No. 1229; Ord. No. 85-1; Ord. No. 87-25; Ord. No. 92-1; Ord. No. 92-27; Ord. No. 93-6; Ord. No. 93-23; ; Ord. No. 93-40; Ord. No. 94-28; Ord. No. 95-44; Ord. No. 96-44; Ord. No. 96-55; Ord. No. 96-62; Ord. No. 97-35; Ord. No. 98-35; Ord. No. 99-33; Ord. No. 99-35; Ord. No. 37-2000; Ord. No. 82-2001; Ord. No. 116-2002; Ord. No. 117-2002; Ord. No. 151-2003; Ord. No. 257-2006; Ord. No. 308-2007; Ord. No. 350-2008; Ord. No. 384-2009; Ord. No. 385-2009; Ord. No. 411-2009; Ord. No. 488-2011; and Ord. No. 54-2016.
[Ord. No. 380-2023, 2-21-2023]
A. 
Specific Definitions. Unless the context specifically indicates otherwise, the following terms and phrases as used in this Article shall have the meanings hereinafter designated:
ACT OR THE ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251, et seq.
APPROVAL AUTHORITY
The director in an NPDES State with an approved State pretreatment program and the administrator of the EPA in a non-NPDES State or NPDES State without an approved State pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
1. 
If the User is a corporation:
a. 
The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
b. 
The manager of one (1) or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. 
If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.
3. 
If the User is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
4. 
The individuals described in Subsections (A)(1) through (A)(3) of this definition, above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
BEST MANAGEMENT PRACTICES or BMPs
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 705.570. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at twenty degrees Celsius (20° C.) expressed in terms of weight and concentration (milligrams per liter).
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to the POTW.
CATEGORICAL INDUSTRIAL USER
An Industrial User subject to a categorical Pretreatment Standard or categorical Standard.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.
CHEMICAL OXYGEN DEMAND or COD
A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
CITY
The City of Neosho or the City Council of Neosho, Missouri.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus, any additional pollutants identified in the publicly owned treatment work's NPDES Permit, where the publicly owned treatment work is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the POTW's NPDES Permit.
CONTROL AUTHORITY
The term "control authority" shall refer to the City of Neosho.
COOLING WATER
The water discharged from any use such as air-conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DAILY MAXIMUM
The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
DAILY MAXIMUM LIMIT
The maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic measurement of the pollutant concentration derived from all measurements taken that day.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the State of Missouri.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
EXISTING SOURCE
Any source of discharge that is not a "New Source."
GRAB SAMPLE
A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT
All pollutants other than "compatible pollutants" as defined above.
INDIRECT DISCHARGE or DISCHARGE
The introduction of pollutants into the POTW from any non-domestic source.
INDUSTRIAL USER
A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
INSTANTANEOUS LIMIT
The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE
A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
LOCAL LIMIT
Specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
MONTHLY AVERAGE
The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
MONTHLY AVERAGE LIMIT
The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NEW SOURCE
1. 
Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section, provided that:
a. 
The building, structure, facility or installation is constructed at a site at which no other source is located; or
b. 
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. 
The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
2. 
Construction on a site on which is an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1)(b or c) of this definition, above, but otherwise alters, replaces, or adds to existing process or production equipment.
3. 
Construction of a "new source" as defined under this Subsection has commenced if the owner or operator has:
a. 
Begun, or caused to begin as part of a continuous on-site construction program:
(1) 
Any placement, assembly, or installation of facilities or equipment; or
(2) 
Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or
b. 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this Subsection.
NON-CONTACT COOLING WATER
Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
PASS THROUGH
A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON
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. This definition includes all Federal, State, and local governmental entities.
pH
A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT
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, turbidity, color, BOD, COD, toxicity, or odor).
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
PRETREATMENT
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, except by diluting the concentration of the pollutants unless allowed by an applicable Pretreatment Standard.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment imposed on a User, other than a Pretreatment Standard.
PRETREATMENT STANDARDS or STANDARDS
Pretreatment Standards shall mean prohibited discharge standards, categorical Pretreatment Standards, and Local Limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 705.570 of this Chapter.
PUBLICLY OWNED TREATMENT WORKS or POTW
A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
SEWAGE
Human excrement and gray water (kitchen, laundry, bathing, dishwashing operations, etc.).
SIGNIFICANT INDUSTRIAL USER (SIU)
A Significant Industrial User is:
1. 
An Industrial User subject to categorical Pretreatment Standards; or
2. 
An Industrial User that:
a. 
Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater);
b. 
Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c. 
Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement.
3. 
The City may determine that an Industrial User subject to categorical Pretreatment Standards is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than one hundred (100) gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met:
a. 
The Industrial User, prior to City's finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements;
b. 
The Industrial User annually submits the certification statement required in Section 705.540(K) [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
c. 
The Industrial User never discharges any untreated concentrated wastewater.
SLUG LOAD or SLUG DISCHARGE
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 705.570 of this Chapter. A Slug Discharge is any Discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW's regulations, Local Limits or Permit conditions.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the "Standard Industrial Classification Manual" issued by the Executive Office of the President, Office of Management and Budget, 1972.
STATE
State of Missouri.
STORM WATER
Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.
SUPERINTENDENT
The person designated by the City to supervise the operation of publicly owned treatment works and who is charged with certain duties and responsibilities by this Article, or his/her duly authorized representative.
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.
TOTAL TOXIC ORGANICS
The summation of all quantifiable values greater than 0.01 mg/l for the following toxic organics; refer to Federal Register Volumes 48 to 132, Friday, July 15, 1983, Subpart A. Metal Finishing Subcategory, Section 433.11(e) TTO.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provision of CWA 307(a) or other acts.
WASTEWATER
Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER TREATMENT PLANT or TREATMENT PLAN
That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
B. 
Abbreviations. The following abbreviations shall have the designated meanings:
1. 
BMP: Best management practice.
2. 
BMR: Baseline monitoring report.
3. 
BOD: Biochemical oxygen demand.
4. 
CFR: Code of Federal Regulations.
5. 
COD: Chemical oxygen demand.
6. 
EPA: Environmental Protection Agency.
7. 
gpd: Gallons per day.
8. 
IU: Industrial user.
9. 
l: Liter.
10. 
mg: Milligrams.
11. 
mg/l: Milligrams per liter.
12. 
NPDES: National Pollutant Discharge Elimination System.
13. 
POTW: Publicly owned treatment works.
14. 
RCRA: Resource Conservation and Recovery Act.
15. 
SIC: Standard industrial classification.
16. 
SIU: Significant Industrial User.
17. 
SWDA: Solid Waste Disposal Act, U.S.C. § 6901 et seq.
18. 
U.S.C.: United States Code.
19. 
TSS: Total suspended solids.
20. 
TTO: Total toxic organics.
[Ord. No. 380-2023, 2-21-2023]
A. 
All provisions of this Article shall apply to sanitary sewage and industrial wastes except as stipulated herein.
B. 
All requirements of this Article apply to sewage being discharged into either a sanitary sewer or a storm sewer.
[Ord. No. 380-2023, 2-21-2023]
The use of the sewers and drains of the City for the purpose of removing sanitary sewage and industrial waste from property situated outside the City limits is hereby declared to be a privilege.
[Ord. No. 380-2023, 2-21-2023]
It shall be unlawful to discharge without a City permit to any natural outlet within the City or in any area under the jurisdiction of the City, or to the POTW any wastewater except as authorized by the Superintendent in accordance with the provisions of this Article.
[Ord. No. 380-2023, 2-21-2023]
The owner of every building in which persons live or have their occupation and located within a sewer district shall maintain a sanitary toilet, connected with a sanitary sewer, for the use of the occupants of such building. The computation of such one hundred (100) feet shall mean one hundred (100) feet from the property line nearest the sewer main.
[Ord. No. 380-2023, 2-21-2023]
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of the City any human or animal excrement, garbage or other objectionable waste.
[1]
Cross Reference: Depositing slops, septage, etc., on streets or sidewalks, § 215.570.
[Ord. No. 380-2023, 2-21-2023]
A. 
All regulations pertaining to building sewers and connections shall be governed by this Code.
B. 
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
[1]
Cross Reference: Destruction of property, generally, § 215.270 et seq.
[Ord. No. 380-2023, 2-21-2023]
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Article, or Wastewater Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Article shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than three (3) months, or by both such fine and imprisonment.
[Ord. No. 380-2023, 2-21-2023]
A. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
B. 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Article, the NPDES Permit, State Disposal System Permit and/or the pretreatment programs; however, such portions of a report shall be available for use by the State or any State Agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
C. 
Information accepted by the City as confidential shall not be transmitted to any governmental agency (except EPA) or to the general public by the City until and unless a ten-day notification is given to the user.