[R.O. 1992 § 705.010; Ord. No. 8032 §§ 1—2, 11-4-1996[1]; Ord. No. 20-13225, 12-21-2020]
Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
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
Missouri Department of Natural Resources (MDNR).
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE 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 government facility: a director or highest official appointed or designated to oversee the operation or performance of the activities of the government facility, or their designee. (4) The individuals described in Subsections (1) through (3), 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 705.720. 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. BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical Pretreatment Standards and effluent limits.
BIOCHEMICAL OXYGEN DEMAND or BOD
The quantity of oxygen utilized in the biochemical oxidation of organic matter under the standard laboratory procedure in five (5) days at twenty degrees Centigrade (20° C.), usually expressed as a concentration (e.g., milligrams per liter, mg/l).
BOARD OF PUBLIC WORKS or BOARD
The Board of Public Works of the City of Washington.
BUILDING DRAIN
That part of the lowest horizontal piping of a drain system which receives the discharge from soil waste, and other drainage pipe inside the walls of the inner face of the building walls.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
CITY
The City of Washington, or the City Council of Washington, Missouri.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
COMMERCIAL OR INDUSTRIAL ESTABLISHMENT
Any building, structure or property used or occupied for any purpose other than human residential occupancy, except such building, structure or property used or occupied for any purpose defined in the term "governmental establishment."
COOLING WATER
The water discharged from any system of condensation, air-conditioning, cooling, refrigeration or similar system. Such water shall be free from odor or oil and shall contain no polluting substance which would produce BOD or suspend solids in excess of ten (10) milligrams per liter.
DRAINAGE CHANNEL
Any artificially constructed open channel ditch, swale or flume, whether lined or unlined, for the drainage of storm, surface or ground water.
EPA
Environmental Protection Agency.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
GOVERNMENTAL ESTABLISHMENT
Any building, structure or property owned, used or occupied by any agency, branch, bureau, commission, department, division, office, unit or instrumentality of the Government of the United States or the State, or of any municipality or any County or any other political subdivision or political corporation of any kind whatsoever.
INDIRECT DISCHARGE or DISCHARGE
The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b), (c) or (d) of the Act, (33 United States Code 1317), into the POTW (including holding tank waste discharged into the system).
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
A system that is utilized for one (1) building lot.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
INTERFERENCE
The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the City's NPDES Permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act, (33 United States Code 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
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 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 at which 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 Subparagraph (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
3. 
Construction of a new source as defined under this paragraph 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 paragraph.
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 or USE
Any individual, firm, company, association, society, corporation, partnership or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
POLLUTED WATER OR WASTE
Any water or waste containing free or emulsified grease or oil, acid or alkali; phenols or other substances imparting wastes or odors in receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; noxious or odorous gases; dissolved solids in greater concentration than ten thousand (10,000) milligrams per liter; BOD of suspended solids in concentration greater than ten (10) milligrams per liter; or color in excess of fifty (50) units.
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.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension.
PUBLIC SEWER
Any sewer provided by or subject to regulation by the City. It shall include all sewers within or outside the corporate boundaries of the City that serve one (1) or more residential, commercial or industrial or governmental establishments if such sewer ultimately discharges into any portion of the City sewerage system, even though the sewers may not have been constructed or may not be maintained by the City.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act, (33 United State Code 1922) which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purpose of this Chapter, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the City who are, by contract or agreement with the City, users of the City's POTW.
RESIDENTIAL ESTABLISHMENT
Any building, structure or property designed, constructed or used for human residential occupancy on a housekeeping or light housekeeping basis, except such building, structure or property used or occupied for any purpose defined in the term "governmental establishment." Each dwelling unit in a multi-family structure shall be deemed to be a residential establishment.
SANITARY SEWERS
A sewer which carries sewage and to which storm and surface waters and groundwaters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residential, commercial, industrial, or governmental establishments, together with such groundwaters, surface and storm waters as may be present.
SEWAGE TREATMENT
Any arrangement of devices or structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit used for the conveyance of sewage or any other waste liquids, including storm and surface water and groundwater drainage.
SEWERAGE SYSTEM
The system of sewers and all appurtenances of the collection, conveyance, pumping, treating and disposition of sewage and industrial wastes.
SHALL
Is mandatory; MAY: Is permissive.
SIGNIFICANT USER or SIGNIFICANT INDUSTRIAL USER or CATEGORICAL USER
1. 
A user subject to categorical pretreatment standards; or
2. 
A 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 wastestream 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 705.800(L) [see 40 CR 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.
4. 
Upon a finding that a user meeting the criteria in Subsection (2) of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
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 705.720 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.
STATE
State of Missouri.
STORM WATER
Any water resulting from precipitation mixed with the accumulation of dirt, soil and other debris or substances collected from the surfaces on which such precipitation falls or flows.
SUPERINTENDENT
The Public Works Director or his/her authorized deputy, agent or representative.
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension of water, sewage, or other liquids, and which are removable by laboratory filtering.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of Section 307(a) of the Act or other Acts.
USER or INDUSTRIAL USER
A source of indirect discharge.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
[1]
Editor's Note: This ordinance also repealed former Ch. 705, adopted 12-5-1983 by Ord. No. 5858, as amended.
[R.O. 1992 § 705.020; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
The following abbreviations shall have the designated meanings:
BOD
Biochemical oxygen demand
CFR
Code of Federal Regulations
EPA
Environmental Protection Agency
gpd
Gallon per day
l
Liter
mg
Milligrams
mg/l
Milligrams per liter
NPDES
National pollutant discharge elimination system
POTW
Publicly owned treatment works
RCRA
Resource Conservation and Recovery Act
SIC
Standard Industrial Classification
SIU
Significant Industrial User
SWDA
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
TSS
Total Suspended Solids
U.S.C.
United State Code
[R.O. 1992 § 705.030; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
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 of Washington, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste.
[R.O. 1992 § 705.040; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
It shall be unlawful to discharge to any natural outlet within the City of Washington, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter.
[R.O. 1992 § 705.050; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
[R.O. 1992 § 705.060; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City, is hereby required at his/her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Chapter, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line. It is hereby made the duty of the Superintendent to notify all owners of property in sewer districts where sewers have been constructed, or when a nuisance exists on the premises of such owner, or when declared necessary by the Council to connect with such district sewer, and such owner or agent so notified failing to comply with the requirements of such notice shall be deemed guilty of a misdemeanor.
[R.O. 1992 § 705.070; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Chapter. The Superintendent or his/her representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the relation to any source of discharge to the sewers or waterways or facilities for waste treatment.
[R.O. 1992 § 705.080; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
While performing the necessary work on private properties referred to in this Article, the Superintendent or his/her duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the City shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
[R.O. 1992 § 705.090; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observations, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
[R.O. 1992 § 705.100; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
No unauthorized person shall maliciously, willfully, negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works.