City of Union, MO Pretreatment of Solid Waste

[Ord. No. 4274, 3-11-2019[1]]

Purpose And Policy.

This Article sets forth uniform requirements for users of the publicly owned treatment works for the City of Union and which enables the City of Union to comply with all applicable State and Federal laws, including the Clean Water Act [33 United States Code (U.S.C.) § 1251 et seq.] and the general pretreatment regulations [Title 40 of the Code of Federal Regulations (CFR), Part 403]. The objectives of this Article are to:

Prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

Prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;

Protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

Promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;

Provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and

Enable the City of Union to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the publicly owned treatment works is subject.

This Article shall apply to all users of the publicly owned treatment works. The Article authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

Administration. Except as otherwise provided herein, the City Engineer shall administer, implement, and enforce the provisions of this Article. Any powers granted to or duties imposed upon the City Engineer may be delegated by the City Engineer to a duly authorized City of Union employee.

Abbreviations. The following abbreviations, when used in this Article, shall have the designated meanings:

BOD	Biochemical oxygen demand
BMP	Best management practice
BMR	Baseline monitoring report
CFR	Code of Federal Regulations
CIU	Categorical industrial user
COD	Chemical oxygen demand
EPA	U.S. Environmental Protection Agency
gpd	Gallons per day
IU	Industrial user
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
NSCIU	Non-significant categorical industrial user
POTW	Publicly Owned Treatment Works
RCRA	Resource Conservation and Recovery Act
SIU	Significant industrial user
SNC	Significant non-compliance
TSS	Total suspended solids
U.S.C.	United States Code

Definitions. Unless a provision explicitly states 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

Missouri Department of Natural Resources.

AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER

If the user is a corporation:

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

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.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

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.

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 of Union.

BEST MANAGEMENT PRACTICES OR BMPs

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 710.190(A)(1) and (2) [40 CFR 403.5(a)(1) and (b)]. 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. [Note: 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 standard laboratory procedures for five (5) days at twenty degrees Celsius (20° C.), usually expressed as a concentration (e.g., mg/l).

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 the EPA in accordance with § 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 I, 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 Union, Missouri.

CITY ENGINEER, PUBLIC WORKS DIRECTOR, OR SUPERINTENDENT

The person designated by the City to supervise or oversee the operation of the POTW, and who is charged with certain duties and responsibilities by this Article. The term also means a duly authorized representative of the City Engineer, Public Works Director, or Superintendent.

CONTROL AUTHORITY

The City of Union, Missouri.

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 average measurement of the pollutant concentration derived from all measurements taken that day.

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 waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

INDIRECT DISCHARGE OR DISCHARGE

The introduction of pollutants into the POTW from any non-domestic source.

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: § 405 of the Act; the Solid Waste Disposal Act, including Title II, commonly referred to as the "Resource Conservation and Recovery Act (RCRA)";[2] 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;[3] the Toxic Substances Control Act;[4] 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.

NEW SOURCE

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 § 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

The building, structure, facility, or installation is constructed at a site at which no other source is located; or

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

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.

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 Subsection (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a new source as defined under this Subsection has commenced if the owner or operator has:

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

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.

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).

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 710.190 of this Article.

PUBLIC WORKS DIRECTOR, CITY ENGINEER, OR SUPERINTENDENT

PUBLICLY OWNED TREATMENT WORKS OR POTW

A treatment works, as defined by § 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.

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SIGNIFICANT INDUSTRIAL USER (SIU)

Except as provided in Subsections (3) and (4) of this definition, a significant industrial user is:

An industrial user subject to categorical pretreatment standards; or

An industrial user that:

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);

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

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.

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:

The industrial user, prior to the City's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

The industrial user annually submits the certification statement required in § 6.14B [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and

The industrial user never discharges any untreated concentrated wastewater.

Upon a finding that a user meeting the criteria in Subsection (2) of this definition 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 710.190 of this Article. 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.

STORMWATER

Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

SUPERINTENDENT, CITY ENGINEER, OR PUBLIC WORKS DIRECTOR

The person designated by the City to supervise or oversee the operation of the POTW, and who is charged with certain duties and responsibilities by this Article. The term also means a duly authorized representative of the Superintendent, City Engineer, or Public Works Director.

TOTAL SUSPENDED SOLIDS OR SUSPENDED SOLIDS

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

USER OR INDUSTRIAL USER

A source of indirect discharge.

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 PLANT

That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

[2]

Editor's Note: See 42 U.S.C. § 6901 et seq.

[3]

Editor's Note: See 42 U.S.C. § 7401 et seq.

[4]

Editor's Note: See 15 U.S.C. § 2601 et seq.

[1]

Editor's Note: This ordinance repealed former Art. IV, Pretreatment of Solid Waste, adopted and/or amended R.O. 2012 §§ 710.190 through 710.300, as further amended.

Section 710.190 General Sewer Use Requirements.

[Ord. No. 4274, 3-11-2019]

Prohibited Discharge Standards.

General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, State, or local pretreatment standards or requirements.

Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21;

Wastewater having a pH less than 5.0 or more than 10.0 or otherwise causing corrosive structural damage to the POTW or equipment;

Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW or resulting in interference with the POTW;

Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

Wastewater having a temperature greater than 200° F. (93.3° C.), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° F. (40° C.);

Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

Trucked or hauled pollutants, except at discharge points designated by the City Engineer in accordance with Section 710.200(D) of this Article;

Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit;

Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;

Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by the City Engineer;

Sludges, screenings, or other residues from the pretreatment of industrial wastes;

Medical wastes, except as specifically authorized by the City Engineer in an individual wastewater discharge permit;

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;

Detergents, surface-active agents, or other substances which might cause excessive foaming in the POTW;

Fats, oils, or greases of animal or vegetable origin in concentrations greater than one hundred (100) mg/l;

Pollutants, substances, or wastewater prohibited by this Section shall not be processed or stored in such a manner that they could be discharged to the POTW.

National Categorical Pretreatment Standards. Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 which are hereby incorporated.

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the City Engineer may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the City Engineer may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users. [Note: See 40 CFR 403.6(c)(2)]

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the City Engineer shall impose an alternate limit in accordance with 40 CFR 403.6(e).

A CIU may obtain a net/gross adjustment to a categorical pretreatment standard in accordance with 40 CFR 403.15 and the following Subsections of this Section.

State Pretreatment Standards. Users must comply with State of Missouri general pretreatment regulations. State of Missouri pretreatment regulations are located at 10 CSR 20-6.100. Such regulations are incorporated by reference herein.

Local Limits.

[Ord. No. 4348, 2-10-2020]

The City Engineer is authorized to establish local limits pursuant to 40 CFR 403.5(c).

The following local limits have been developed for the Union West Wastewater Treatment Plant pursuant to 40 CFR 403.5(c) to prevent against interference and pass through. The local limits expressed in pounds per day shall be distributed at the discretion of the City Engineer via pretreatment program permits to each significant industrial user as necessary. The sum total of each permitted local limit shall not exceed the mass in the table below. At the discretion of the City Engineer the limits established in pretreatment permits may be imposed as pollutant concentrations using appropriate conversion methods. All values for metallic pollution are for total metal unless otherwise indicated. Local limits are subject to change as local environmental conditions change. All changes to local limits shall be approved by the Missouri Department of Natural Resources.

No Local Limits.

The following local limits have been developed for the Union East Sewage Treatment Plant pursuant to 40 CFR 403.5(c) to prevent against interference and pass through. The local limits expressed in pounds per day shall be distributed at the discretion of the City Engineer via pretreatment program permits to each significant industrial user as necessary. The sum total of each permitted local limit shall not exceed the mass in the table below. At the discretion of the City Engineer the limits established in pretreatment permits may be imposed as pollutant concentrations using appropriate conversion methods. All values for metallic pollution are for total metal unless otherwise indicated. Local limits are subject to change as local environmental conditions change. All changes to local limits shall be approved by the Missouri Department of Natural Resources.

Pollutant	Local Limit (pounds per day)
Ammonia (NH3)	145
Arsenic (As)	0.015
Biochemical oxygen demand (BOD₅)	665
Cadmium (Cd)	0.005
Chromium (Cr)	0.329
Copper (Cu)	0.059
Cyanide (CN)	0.011
Lead (Pb)	0.011
Mercury (Hg)	0.002
Molybdenum (Mo)	0.017
Nickel (Ni)	0.088
Selenium (Se)	0.011
Silver (Ag)	0.069
Total suspended solids (TSS)	782
Zinc (Zn)	0.114

The City Engineer may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of Section 710.190(A).

City's Right Of Revision. The City reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this Article.

Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The City Engineer may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

Section 710.200 Pretreatment Of Wastewater.

[Ord. No. 4274, 3-11-2019]

Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 710.190(A) of this Article within the time limitations specified by the EPA, the State, or the City Engineer, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the City Engineer for review, and shall be acceptable to the City Engineer before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Article.

Additional Pretreatment Measures.

Whenever deemed necessary, the City Engineer may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this Article.

The City Engineer may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the City Engineer, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the City Engineer, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired, as needed, by the user at their expense.

Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

Accidental Discharge/Slug Discharge Control Plans. The City Engineer shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The City Engineer may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the City Engineer may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following;

Description of discharge practices, including non-routine batch discharges;

Description of stored chemicals;

Procedures for immediately notifying the City Engineer of any accidental or slug discharge, as required by Section 710.230(F) of this Article; and

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

Hauled Wastewater.

Septic tank waste may be introduced into the POTW only at locations designated by the City Engineer, and at such times as are established by the City Engineer. Such waste shall not violate Section 710.190 of this Article or any other requirements established by the City. The City Engineer may require septic tank waste haulers to obtain individual wastewater discharge permits.

The City Engineer may require haulers of industrial waste to obtain individual wastewater discharge permits. The City Engineer may require generators of hauled industrial waste to obtain individual wastewater discharge permits. The City Engineer also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this Article.

Industrial waste haulers may discharge loads only at locations designated by the City Engineer. No load may be discharged without prior consent of the City Engineer. The City Engineer may collect samples of each hauled load to ensure compliance with applicable standards. The City Engineer may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

Section 710.210 Individual Wastewater Discharge Permits.

[Ord. No. 4274, 3-11-2019]

Wastewater Analysis. When requested by the City Engineer, a user must submit information on the nature and characteristics of its wastewater within fifteen (15) days of the request. The City Engineer is authorized to prepare a form for this purpose and may periodically require users to update this information.

Individual Wastewater Discharge Permit Requirement.

No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the City Engineer, except that a significant industrial user that has filed a timely application pursuant to Section 710.210(C) of this Article may continue to discharge for the time period specified therein.

The City Engineer may require other users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this Article.

Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this Article and subjects the wastewater discharge permittee to the sanctions set out in Sections 710.270 through 710.290 of this Article. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.

Individual Wastewater Discharge: Existing Connections. Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Article and who wishes to continue such discharges in the future shall, within thirty (30) days after said date, apply to the City Engineer for an individual wastewater discharge permit in accordance with Section 710.210(E) of this Article, and shall not cause or allow discharges to the POTW to continue after ninety (90) days of the effective date of this Article except in accordance with an individual wastewater discharge permit issued by the City Engineer.

Individual Wastewater Discharge Permitting: New Connections. Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with Section 710.210(E) of this Article, must be filed at least thirty (30) days prior to the date upon which any discharge will begin or recommence.

Individual Wastewater Discharge Permit Application Contents.

All users required to obtain an individual wastewater discharge permit must submit a permit application. The City Engineer may require users to submit all or some of the following information as part of a permit application:

Identifying Information.

(1)

The name and address of the facility, including the name of the operator and owner.

(2)

Contact information, description of activities, facilities, and plant production processes on the premises.

Environmental Permits. A list of any environmental control permits held by or for the facility.

Description Of Operations.

(1)

A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.

(2)

Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

(3)

Number and type of employees, hours of operation, and proposed or actual hours of operation;

(4)

Type and amount of raw materials processed (average and maximum per day);

(5)

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

Time and duration of discharges;

The location for monitoring all wastes covered by the permit;

Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in Section 710.190(B)(3)[40 CFR 403.6(e)].

Measurement Of Pollutants.

(1)

The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

(2)

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the City Engineer, of regulated pollutants in the discharge from each regulated process.

(3)

Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

(4)

The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 710.230(J) of this Article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the City Engineer or the applicable standards to determine compliance with the standard.

(5)

Sampling must be performed in accordance with procedures set out in Section 710.230(K) of this Article.

Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 710.230(D)(2) [40 CFR 403.12(e)(2)].

Any other information as may be deemed necessary by the City Engineer to evaluate the permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

Application Signatories And Certifications.

All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in Section 710.230(N)(1).

If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the City Engineer prior to or together with any reports to be signed by an authorized representative.

A facility determined to be a non-significant categorical industrial user by the City Engineer pursuant to Subsection 3 of the definition of "significant industrial user" in Section 710.180(D) must annually submit the signed certification statement in Section 710.230(N)(2).

Individual Wastewater Discharge Permit Decisions. The City Engineer will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete permit application, the City Engineer will determine whether to issue an individual wastewater discharge permit. The City Engineer may deny any application for an individual wastewater discharge permit.

Section 710.220 Individual Wastewater Discharge Permit Issuance.

[Ord. No. 4274, 3-11-2019]

Individual Wastewater Discharge Permit Duration. An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the City Engineer. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.

Individual Wastewater Discharge Permit Contents. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the City Engineer to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

Individual wastewater discharge permits must contain:

A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;

A statement that the wastewater discharge permit is non-transferable without prior notification to the City in accordance with Section 710.220(E) of this Article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

Effluent limits, including best management practices, based on applicable pretreatment standards;

Self monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.

The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 710.230(D)(2).

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.

Requirements to control slug discharge, if determined by the City Engineer to be necessary.

Any grant of the monitoring waiver by the City Engineer [Section 710.230(D)(2)] must be included as a condition in the user's permit (or other control mechanism).

Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

Requirements for the development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

Development and implementation of waste minimization plans to reduce the amount of pollutants discharge to the POTW;

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow-measurement devices;

A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the individual wastewater discharge permit; and

Other conditions as deemed appropriate by the City Engineer to ensure compliance with this Article, and State and Federal laws, rules, and regulations.

Permit Issuance Process.

Public Notification. The City Engineer will publish in The Missourian, or an official government publication and/or newspaper(s) of general circulation that provides meaningful public notice with the jurisdiction(s) served by the POTW, or on a web page, a notice to issue a pretreatment permit, at least thirty (30) days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.

Permit Appeals. The City Engineer shall provide public notice of the issuance of an individual wastewater discharge permit. Any person, including the user, may petition the City Engineer to reconsider the terms of an individual wastewater discharge permit within thirty (30) days of notice of its issuance.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

In its petition, the appealing party must indicate the individual wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit.

The effectiveness of the individual wastewater discharge permit shall not be stayed pending the appeal.

If the City Engineer fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit, not to issue an individual wastewater discharge permit, or not to modify an individual wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with the Circuit Court of Franklin County within thirty (30) days.

Permit Modification. The City Engineer may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters;

Violation of any terms or conditions of the individual wastewater discharge permit;

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

To correct typographical or other errors in the individual wastewater discharge permit; or

To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Subsection E.

Individual Wastewater Discharge Permit Transfer.

Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days' advance notice to the City Engineer and the City Engineer approves the individual wastewater discharge permit coverage transfer. The notice to the City Engineer must include a written certification by the new owner or operator which:

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

Identifies the specific date on which the transfer is to occur; and

Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.

Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.

Individual Wastewater Discharge Permit Revocation.

The City Engineer may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

Failure to notify the City Engineer of significant changes to the wastewater prior to the changed discharge;

Failure to provide prior notification to the City Engineer of changed conditions pursuant to Section 710.230(E) of this Article;

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

Falsifying self-monitoring reports and certification statements;

Tampering with monitoring equipment;

Refusing to allow the City Engineer timely access to the facility premises and records;

Failure to meet effluent limitations;

Failure to pay fines;

Failure to pay sewer charges;

Failure to meet compliance schedules;

Failure to complete a wastewater survey or the wastewater discharge permit application;

Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Article.

Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.

Individual Wastewater Discharge Permit Reissuance. A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 710.210(E) of this Article, a minimum of ninety (90) days prior to the expiration of the user's existing individual wastewater discharge permit.

Regulation Of Waste Received From Other Jurisdictions.

If another municipality, or user located within another municipality, contributes wastewater to the POTW, the City Engineer through the Board of Aldermen shall enter into an intermunicipal agreement with the contributing municipality.

Prior to entering into an agreement required by Subsection (H)(1), above, the City Engineer shall request the following information from the contributing municipality:

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

An inventory of all users located within the contributing municipality that are discharging to the POTW; and

Such other information as the City Engineer may deem necessary.

An intermunicipal agreement, as required by Subsection (H)(1), above, shall contain the following conditions:

A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Article and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in Section 710.190(D) of this Article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's article or local limits;

A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the City Engineer, and which of these activities will be conducted jointly by the contributing municipality and the City Engineer;

A requirement for the contributing municipality to provide the City Engineer with access to all information that the contributing municipality obtains as part of its pretreatment activities;

Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;

Requirements for monitoring the contributing municipality's discharge;

A provision ensuring the City Engineer access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the City Engineer; and

A provision specifying remedies available for breach of the terms of the intermunicipal agreement.

Section 710.230 Reporting Requirements.

[Ord. No. 4274, 3-11-2019]

Baseline Monitoring Reports.

Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the City Engineer a report which contains the information listed in Subsection (A)(2), below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the City Engineer a report which contains the information listed in Subsection (A)(2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

Users described above shall submit the information set forth below.

All information required in Section 710.210(E)(1)(a)(1), (b), (c)(1) and (f).

Measurement Of Pollutants.

(1)

The user shall provide the information required in Section 710.210(E)(1)(g)(1) through (4).

(2)

The user shall take a minimum of one (1) representative sample to compile that data necessary to comply with the requirements of this Subsection.

(3)

Samples should be taken 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, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the control authority;

(4)

Sampling and analysis shall be performed in accordance with Section 710.230(J);

(5)

The City Engineer may allow the submission of 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)

The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

Compliance Certification. A statement, reviewed by the user's authorized representative as defined in Section 1.4C and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements set out in Section 710.230(B) of this Article.

Signature And Report Certification. All baseline monitoring reports must be certified in accordance with Section 710.230(N)(1) of this Article and signed by an authorized representative as defined in Section 710.180(D).

Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Section 710.230(A)(2)(d) of this Article:

The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

No increment referred to above shall exceed nine (9) months;

The user shall submit a progress report to the City Engineer no later than fourteen (14) days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the user to return to the established schedule; and

In no event shall more than nine (9) months elapse between such progress reports to the City Engineer.

Reports On Compliance With Categorical Pretreatment Standard Deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the City Engineer a report containing the information described in Section 710.210(E)(1)(f) and (g) and Section 710.230(A)(2)(b) of this Article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 2.2 [Note: See 40 CFR 403.6(c)], this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 710.230(N)(1) of this Article. All sampling will be done in conformance with Section 710.230(K).

Periodic Compliance Reports.

All significant industrial users must, at a frequency determined by the City Engineer, submit no less than twice per year (June and December [or on dates specified]) reports indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the City Engineer or the pretreatment standard necessary to determine the compliance status of the user;

The City may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user [see 40 CFR 403.12(e)(2)]. This authorization is subject to the following conditions:

The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility, provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five (5) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 710.210(E)(1)(h).

In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one (1) sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

The request for a monitoring waiver must be signed in accordance with the definition of "authorized or duly authorized representative of the user" in Section 710.180(D), and include the certification statement in Section 710.230(N)(1) [40 CFR 403.6(a)(2)(ii)].

Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA-approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

Any grant of the monitoring waiver by the City Engineer must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the City Engineer for three (3) years after expiration of the waiver.

Upon approval of the monitoring waiver and revision of the user's permit by the City Engineer, the industrial user must certify on each report with the statement in Section 6.14C below that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.

In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of Section 710.230(D)(1), or other more frequent monitoring requirements imposed by the City Engineer, and notify the City Engineer.

This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

All periodic compliance reports must be signed and certified in accordance with Section 710.230(N)(1) of this Article.

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

If a user subject to the reporting requirement in this Section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the City Engineer, using the procedures prescribed in Section 710.230(K) of this Article, the results of this monitoring shall be included in the report.

Reports Of Changed Conditions. Each user must notify the City Engineer of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least fifteen (15) days before the change.

The City Engineer may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 710.210(E) of this Article.

The City Engineer may issue an individual wastewater discharge permit under Section 710.220(G) of this Article or modify an existing wastewater discharge permit under Section 710.220(D) of this Article in response to changed conditions or anticipated changed conditions.

Reports Of Potential Problems.

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the City Engineer of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

Within ten (10) days following such discharge, the user shall, unless waived by the City Engineer, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this Article.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in paragraph A, above. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.

Significant industrial users are required to notify the City Engineer immediately of any changes at its facility affecting the potential for a slug discharge.

Reports From Unpermitted Users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the City Engineer as the City Engineer may require.

Notice Of Violation/Repeat Sampling And Reporting. If sampling performed by a user indicates a violation, the user must notify the City Engineer within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City Engineer within thirty (30) days after becoming aware of the violation. Resampling by the industrial user is not required if the City performs sampling at the user's facility at least once a month, or if the City performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the industrial user.

Notification Of The Discharge Of Hazardous Waste.

Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this Subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 710.230(E) of this Article. The notification requirement in this Section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Section 710.230(A), (C) and (D) of this Article.

Dischargers are exempt from the requirements of Subsection (I)(1), above, during a calendar month in which they discharge no more than fifteen (15) kilograms of any hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the City Engineer, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

In the case of any notification made under this Section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this Article, a permit issued thereunder, or any applicable Federal or State law.

Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the City Engineer or other parties approved by the EPA.

Sample Collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

Except as indicated in Subsection K(2) and (3) below, the user must collect wastewater samples using twenty-four-hour, flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the City Engineer. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple, grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

For sampling required in support of baseline monitoring and ninety-day compliance reports required in Section 710.230(A) and (C) [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the City Engineer may authorize a lower minimum. For the reports required by Section 710.230(D) [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

Date Of Receipt Of Reports. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

Recordkeeping. Users subject to the reporting requirements of this Article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under Section 710.190(D)(3). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the City Engineer.

Certification Statements.

Certification Of Permit Applications, User Reports And Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with 710.210(G); users submitting baseline monitoring reports under Section 710.230(A)(2)(e) [Note: See 40 CFR 403.12(1)]; users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 710.230(C) [Note: See 40 CFR 403.12(d)]; users submitting periodic compliance reports required by Section 710.230(D)(1) through (3) [Note: See 40 CFR 403.12(e) and (h)], and users submitting an initial request to forego sampling of a pollutant on the basis of Section 710.230(D)(2)(d) [Note: See 40 CFR 403.12(e)(2)(iii)]. The following certification statement must be signed by an authorized representative as defined in Section 710.180(D);

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Annual Certification For Non-Significant Categorical Industrial Users. A facility determined to be a non-significant categorical industrial user by the City Engineer pursuant to 1.4 GG(3) and 4.7C [Note: See 40 CFR 403.3(v)(2)] must annually submit the following certification statement signed in accordance with the signatory requirements in Section 710.180(D) [Note: See 40 CFR 403.120(1)]. This certification must accompany an alternative report required by the City Engineer:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR _____, I certify that, to the best of my knowledge and belief that during the period from _____, _____ to _____, _____ [months, days, year]:

The facility described as ___________________

[facility name] met the definition of a non-significant categorical industrial user as described in 1.4GG(3); [Note: See 40 CFR 403.3(v)(2)]

The facility complied with all applicable pretreatment standards and requirements during this reporting period; and

The facility never discharged more than one hundred (100) gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information.

Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 710.230(D)(2) must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user.

[Note: See 40 CFR 403.12(e)(2)(v)]

Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _____ [specify applicable National pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 710.230(D)(1).

Section 710.240 Compliance Monitoring.

[Ord. No. 4274, 3-11-2019]

Right Of Entry: Inspection And Sampling. The City Engineer shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Article and any individual wastewater discharge permit or order issued hereunder, users shall allow the City Engineer ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the City Engineer shall be permitted to enter without delay for the purposes of performing specific responsibilities.

The City Engineer shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

The City Engineer may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the City Engineer and shall not be replaced. The costs of clearing such access shall be borne by the user.

Unreasonable delays in allowing the City Engineer access to the user's premises shall be a violation of this Article.

Search Warrants. If the City Engineer has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the City Engineer may seek issuance of a search warrant from the Circuit Court of Franklin County of Missouri.

Section 710.250 Confidential Information.

[Ord. No. 4274, 3-11-2019]

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the City Engineer's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the City Engineer, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302, shall not be recognized as confidential information and shall be available to the public without restriction.

Section 710.260 Publication Of Users In Significant Non-Compliance.

[Ord. No. 4274, 3-11-2019]

The City Engineer shall publish annually, in The Missourian, which is a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve (12) months, were in significant non-compliance with applicable pretreatment standards and requirements. The term "significant non-compliance" shall be applicable to all significant industrial users [or any other industrial user that violates Subsection (A)(3), (4) or (8) of this Section] and shall mean:

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined in 710.190;

Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by Section 710.190, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement as defined by Section 710.190 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the City Engineer determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the City Engineer's exercise of its emergency authority to halt or prevent such a discharge;

Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

Failure to provide, within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report non-compliance; or

Any other violation(s), which may include a violation of best management practices, which the City Engineer determines will adversely affect the operation or implementation of the local pretreatment program.

Section 710.270 Administrative Enforcement Remedies.

[Ord. No. 4274, 3-11-2019]

Notification Of Violation. When the City Engineer finds that a user has violated, or continues to violate, any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City Engineer may serve upon that user a written notice of violation. Within thirty (30) days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the City Engineer. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this Section shall limit the authority of the City Engineer to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Consent Orders. The City Engineer may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such documents shall include specific action to be taken by the user to correct the non-compliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Section 710.270(D) and (E) of this Article and shall be judicially enforceable.

Show-Cause Hearing. The City Engineer may order a user which has violated, or continues to violate, any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the City Engineer and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 710.180(D) and required by Section 710.210(G). A show-cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Compliance Orders. When the City Engineer finds that a user has violated, or continues to violate, any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City Engineer may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the non-compliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Cease-And-Desist Orders. When the City Engineer finds that a user has violated, or continues to violate, any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the City Engineer may issue an order to the user directing it to cease and desist all such violations and directing the user to:

Immediately comply with all requirements; and

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Administrative Fines.

When the Board of Aldermen finds that a user has violated, or continues to violate, any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Board of Aldermen may fine such user in an amount not to exceed five hundred dollars ($500.00). Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

Unpaid charges, fines, and penalties shall, after ninety (90) calendar days, be a lien against the user's property and shall be sought for unpaid charges, fines, and penalties.

Users desiring to dispute such fines must file a written request for the Board of Aldermen to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the Board of Aldermen may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Board of Aldermen may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

Emergency Suspensions.

The City Engineer may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The City Engineer may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the City Engineer may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The City Engineer may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City Engineer that the period of endangerment has passed, unless the termination proceedings in Section 710.270(H) of this Article are initiated against the user.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the City Engineer prior to the date of any show-cause or termination hearing under Section 710.270(C) or (H) of this Article.

Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.

Termination Of Discharge.

In addition to the provisions in Section 710.220(F) of this Article, any user who violates the following conditions is subject to discharge termination:

Violation of individual wastewater discharge permit conditions;

Failure to accurately report the wastewater constituents and characteristics of its discharge;

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

Violation of the pretreatment standards in Section 710.190 of this Article.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 710.270(C) of this Article why the proposed action should not be taken. Exercise of this option by the City Engineer shall not be a bar to, or a prerequisite for, taking any other action against the user.

Section 710.280 Judicial Enforcement Remedies.

[Ord. No. 4274, 3-11-2019]

Injunctive Relief. When the City Engineer finds that a user has violated, or continues to violate, any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City of Union may petition the Circuit Court of Franklin County through the City's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this Article on activities of the user. The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

Civil Penalties.

A user who has violated, or continues to violate, any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of five hundred dollars ($500.00) per violation, per day, or imprisonment for not more than ninety (90) days, or both, in accordance with Section 79.470, RSMo. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

The City may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

Criminal Prosecution.

A user who willfully or negligently violates any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) per violation, per day, or imprisonment for not more than ninety (90) days, or both.

A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least five hundred dollars ($500.00), or be subject to imprisonment for not more than ninety (90) days, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Article, individual wastewater discharge permit, or order issued hereunder, 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) per violation, per day, or imprisonment for not more than ninety (90) days, or both.

In the event of a second conviction, a user shall be punished by a fine of not more than five hundred dollars ($500.00) per violation, per day, or imprisonment for not more than ninety (90) days, or both.

Remedies Non-Exclusive. The remedies provided for in this Article are not exclusive. The City may take any, all, or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the City Engineer may take other action against any user when the circumstances warrant. Further, the City Engineer is empowered to take more than one (1) enforcement action against any non-compliant user.

Section 710.290 Supplemental Enforcement Action.

[Ord. No. 4274, 3-11-2019]

Payment Of Outstanding Fees And Penalties. The City Engineer may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this Article, a previous individual wastewater discharge permit, or order issued hereunder.

Water Supply Severance. Whenever a user has violated or continues to violate any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.

Public Nuisances. A violation of any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the City Engineer. Any person(s) creating a public nuisance shall be subject to the provisions of the Code of Ordinance, City of Union, Chapter 220, Nuisances, governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance.

Section 710.300 Wastewater Treatment Rates.

[Ord. No. 4274, 3-11-2019]

(Reserved)

Section 710.310 Miscellaneous Provisions.

[Ord. No. 4274, 3-11-2019]

Pretreatment Charges And Fees. The City hereby adopts the following fees and charges for reimbursement of costs of setting up and operating the City's pretreatment program, which includes:

Fees for wastewater discharge permit applications, including the cost of processing such applications; seventy-five dollars ($75.00);

Fees for monitoring, inspection, and surveillance procedures, including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users: one thousand five hundred dollars ($1,500.00);

Fees for reviewing and responding to accidental discharge procedures and construction: twenty-five dollars ($25.00) per hour for staff who work on the accidental discharge resolution;

Fees for reviewing and responding to accidental discharge procedures and construction;

Fees for filing appeals: seventy-five dollars ($75.00) plus any other costs incurred;

Fees to recover administrative and legal costs [not included in Section 710.310(A)(2)] associated with the enforcement activity taken by the City Engineer to address IU non-compliance; and

Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Article and are separate from all other fees, fines, and penalties chargeable by the City.

Severability. If any provision of this Article is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.