City of Poplar Bluff, MO
Butler County
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Table of Contents
Table of Contents
Article I In General

Section 710.010 License to Septic Tank Sanitary Pumper Operator Restricted.

Article II Sewer Use

Section 710.020 Definitions.

Section 710.030 Unsanitary Deposit of Wastes Prohibited.

Section 710.040 Discharge of Wastes in Natural Outlets Restricted.

Section 710.050 Privies, Etc., Restricted.

Section 710.060 Connection Required — When.

Section 710.070 Private Sewage Disposal.

Section 710.080 Permit Required.

Section 710.090 Classes of Permits.

Section 710.100 Liability for Loss, Damage Caused by Installation.

Section 710.110 Separate Connections — Exception.

Section 710.120 Use of Old Sewers Restricted.

Section 710.130 Conformance to Code.

Section 710.140 Sewer Elevation.

Section 710.150 Certain Connections Prohibited.

Section 710.160 Requirements for Connections.

Section 710.170 Guarding of Excavations — Restoration of Public Property.

Section 710.180 Discharge Into Sanitary Sewers Restricted.

Section 710.190 Federal Categorical Pretreatment Standards.

Section 710.200 Pretreatment Facilities.

Section 710.210 Dilution.

Section 710.220 Private Waste Facilities.

Section 710.230 Grease, Oil and Sand Interceptors.

Section 710.240 Control Manhole.

Section 710.250 Hauled Waste.

Section 710.260 Standards for Measurements, Tests.

Section 710.270 Acceptance of Industrial Waste.

Section 710.280 Right of Entry for Inspection.

Section 710.290 Observance of Safety Rules — Indemnification.

Section 710.300 Right of Entry Onto Easements for Inspection.

Section 710.310 Required Reports and Notifications.

Section 710.320 Monitoring Requirements.

Section 710.330 Required Report Records.

Section 710.340 Hazardous Wastes — Generally.

Section 710.350 Hazardous Wastes — Accidental Spills, Discharges.

Section 710.360 Accidental Discharge/Slug Control Plans.

Section 710.370 Tampering, Damaging System.

Section 710.380 Confidential Information.

Section 710.390 Industrial Discharge Permit Required.

Section 710.400 Application for Industrial Discharge Permit.

Section 710.410 Permit Modifications.

Section 710.420 Permit Conditions.

Section 710.430 Permit Duration.

Section 710.440 Industrial Discharge Permit Transfer.

Section 710.450 Permit Fee — Extra Charges.

Section 710.460 Administrative Enforcement Remedies.

Section 710.470 Judicial Remedies.

Section 710.480 Affirmative Defenses.

Section 710.010 License to Septic Tank Sanitary Pumper Operator Restricted.

[R.O. 2007 §37-21; Ord. No. 2092 §13, 1-2-1962]
A. 
Before any license shall be issued to any person to engage in business as a septic tank sanitary pumper operator in the City by the City Clerk, the Chief of Police shall inspect the vehicle to be used in connection with such business and shall certify to the City Clerk that said vehicle meets the following specifications and conditions:
1. 
All vehicles used in connection with such business shall be equipped with a heavy gauge steel, airtight tank with a valve at the rear to prevent leakage while in transit through the streets of the City.
2. 
Septic tank sanitary cleaning equipment will be painted aluminum and kept painted in good condition.

Section 710.020 Definitions.

[R.O. 2007 §37-76; Ord. No. 6183 §1, 6-21-1999]
Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:
ACT OR THE ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§1251, et seq.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
An authorized representative of an industrial user may be:
1. 
A principal executive officer of at least the level of Vice President, if the industrial user is a corporation;
2. 
A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively;
3. 
A duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20°C), expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (one and one-half (1.5) meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
CATEGORICAL STANDARDS
National categorical pretreatment standards or pretreatment standard.
CITY
The City of Poplar Bluff, Missouri.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
COOLING WATER
The water, which does not come into contact with any raw materials, that is discharged from any use such as air-conditioning, cooling or refrigeration or to which the pollutant added is heat.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the State of Missouri.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The U.S. Environmental Protection Agency or, where appropriate, the regional water management division director or other duly authorized official of said agency.
EXISTING SOURCE
Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards which will be applicable to such a source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
GARBAGE
Solid wastes from domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and over a period not to exceed fifteen (15) minutes.
INDIRECT DISCHARGE
The discharge or introduction of non-domestic pollutants from any source regulated under Section 307(b), (c) or (d) of the Act (33 U.S.C. 1317) into the POTW.
INDUSTRIAL USER
A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE
A discharge, which alone or in conjunction with a discharge or discharges from another source, 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 the prevention of sewage sludge use or disposal in compliance with any of the following statutory/ regulatory provisions or permits issued thereunder or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood products, pathology wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
NATIONAL (OR FEDERAL) CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
Any regulation, including, but not limited to, prohibited discharge standards, categorical pretreatment and local limits, containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
NEW SOURCE
1. 
Any building, structure, facility or installation (hereafter called building) from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section, provided that:
a. 
The building is constructed at a site at which no other source is located;
b. 
The building totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. 
The production or wastewater generating processes of the building are substantially independent of an existing source at the same time.
2. 
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building meeting the criteria of (1)(b) or (c) above, but otherwise alters, replaces or adds to existing process or production equipment.
3. 
Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
a. 
Begun or caused to begin, as part of a continuous on-site construction program:
(1) 
Any placement, assembly or installation of facilities or equipment; or
(2) 
Significant preparation work including clearing, excavation or removal of existing buildings which is necessary for the placement, assembly or installation of new source facilities or equipment; or
b. 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this paragraph.
PASS THROUGH
A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The negative logarithm of the hydrogen ion concentration measuring the acidity or alkalinity of a solution in gram equivalents per liter of solution.
PPM (DENOTING PARTS PER MILLION)
The concentration of a material in pounds per million pounds of water (1 ppm = 1 milligram/liter, mg/l).
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 pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to discharging or otherwise introducing such pollutants into the sewage works. The reduction or alteration can be obtained by physical, chemical or biological processes or other means except as prohibited by 10 CFR Section 403.6(d).
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 710.180.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch (one and twenty-seven hundredths (1.27) centimeters) in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A "treatment works" as defined by Section 212 of the Act (33 U.S.C. 1929) which is owned in this instance by the City. This definition includes any sewers that convey wastewaters to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For purposes of this Article, the term "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the City who are, by contract or agreement with the City, users of the City's POTW.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
RECEIVING STREAM
Any natural watercourse into which water, treatment plant effluent, combined sewer overflow or storm water is discharged.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SIGNIFICANT INDUSTRIAL USER (SIU)
1. 
Any user of the City's wastewater disposal system who:
a. 
Is subject to categorical pretreatment standards;
b. 
Discharges an average of twenty-five thousand (25,000) gallons per day (twenty-five thousand (25,000) gpd) or more of process waste water to the POTW (excluding sanitary, non-contact cooling and boiler blowdown water); or
c. 
Contributes a process waste stream that makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
d. 
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.
2. 
Upon finding that a user meeting the criteria in part (1)(a), (c) or (d) 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 a user and in accordance with the procedures in 40 CFR 403.8(b)(6), determine that such user should not be considered a significant industrial user.
SLUG OR SLUG LOAD
Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant of the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STANDARD LABORATORY METHODS
Methods of analyses and testing as outlined in the latest edition of "Standard Methods for the Examination of Water and Sewage" published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
STORM DRAIN (SOMETIMES TERMED "STORM SEWER")
A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
STORM WATER
Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snow melt.
SUPERINTENDENT
The Manager of the City Light and Water-Sewer Departments of the City of Poplar Bluff or his/her authorized deputy, agent or representative.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307 (a) or other Acts.
USER
Any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
UTILITIES MANAGER
The Utilities Manager of the City Light and Water-Sewer Departments of the City of Poplar Bluff or his/her authorized deputy, agent or representative.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which is contributed with or permitted to enter the POTW.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the State or any portion thereof.

Section 710.030 Unsanitary Deposit of Wastes Prohibited.

[R.O. 2007 §37-77; Ord. No. 6183 §1, 6-21-1999]
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City of Poplar Bluff, or in any area under the jurisdiction of said City, any human or animal excrement, garbage or other objectionable waste.

Section 710.040 Discharge of Wastes in Natural Outlets Restricted.

[R.O. 2007 §37-78; Ord. No. 6183 §1, 6-21-1999]
It shall be unlawful to discharge to any natural outlet within the City of Poplar Bluff, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Article.

Section 710.050 Privies, Etc., Restricted.

[R.O. 2007 §37-79; Ord. No. 6183 §1, 6-21-1999]
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

Section 710.060 Connection Required — When.

[R.O. 2007 §37-80; Ord. No. 6183 §1, 6-21-1999]
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is not located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at his/her expense to install suitable toilet facilities directly with the proper public sewer in accordance with the provisions of this accordance within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (thirty and one-half (30.5) meters) of the property line.

Section 710.070 Private Sewage Disposal.

[R.O. 2007 §37-81; Ord. No 6183 §1, 6-21-99]
A. 
Where a public sanitary or combined sewer is not available under the provisions of Section 710.060, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article.
B. 
Before commencement of construction of private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Superintendent. A permit and inspection fee of fifty dollars ($50.00) shall be paid to the City at the time the application is filed.
C. 
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He/she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within twenty-four (24) hours of the receipt of notice by the Superintendent.
D. 
The type, capacities, location and layout of a private disposal system shall comply with all recommendations of the Division of Health of the State of Missouri and the Missouri Department of Natural Resources. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than fifteen thousand (15,000) square feet (one thousand three hundred three and one-half (1,303.5) square meters). No septic tank or cesspool shall be permitted to discharge to any natural outlet.
E. 
At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in Section 710.060, a direct connection shall be made to the public sewer in compliance with this Article and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable materials.
F. 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.
G. 
No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer of the City of Poplar Bluff, the Missouri Division of Health, the Missouri Department of Natural Resources or the Building Inspector of the City of Poplar Bluff.
H. 
When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean gravel or dirt.

Section 710.080 Permit Required.

[R.O. 2007 §37-82; Ord. No. 6183 §1, 6-21-1999]
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.

Section 710.090 Classes of Permits.

[R.O. 2007 §37-83]
A. 
There shall be two (2) classes of building sewer permits:
1. 
For residential and commercial service, and
2. 
For service to establishments producing industrial wastes.
In either case, the owner or his/her agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of fifty dollars ($50.00) for a residential building sewer permit and one hundred dollars ($100.00) for a commercial or industrial building sewer permit shall be paid to the City at the time the application is filed. An additional fee will be charged to any significant industrial user (SIU) as defined by this Article in accordance with Section 710.450.

Section 710.100 Liability for Loss, Damage Caused by Installation.

[R.O. 2007 §37-84; Ord. No. 6183 §1, 6-21-1999]
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

Section 710.110 Separate Connections — Exception.

[R.O. 2007 §37-85; Ord. No. 6183 §1, 6-21-1999]
A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one (1) building sewer.

Section 710.120 Use of Old Sewers Restricted.

[R.O. 2007 §37-86; Ord. No. 6183 §1, 6-21-1999]
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Article.

Section 710.130 Conformance to Code.

[R.O. 2007 §37-87; Ord. No. 6183 §1, 6-21-1999]
The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing, backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. In absence of code provisions or in amplifications thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing and Materials (ASTM) and Water Pollution Control Federation (WPCF) Manual of Practice No. 9 shall apply.

Section 710.140 Sewer Elevation.

[R.O. 2007 §37-88; Ord. No. 6183 §1, 6-21-1999]
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

Section 710.150 Certain Connections Prohibited.

[R.O. 2007 §37-89; Ord. No. 6183 §1, 6-21-1999]
No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

Section 710.160 Requirements for Connections.

[R.O. 2007 §37-90; Ord. No. 6183 §1, 6-21-1999]
A. 
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City or the procedures set forth in appropriate specifications of the American Society of Testing and Materials (ASTM) and the Water Pollution Control Federation (WPCF) Manual of Practice No. 9. All such connections shall be made gas-tight and water-tight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation. Connections shall be made only by individuals holding a license to practice plumbing in the City of Poplar Bluff.
B. 
The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his/her representative.

Section 710.170 Guarding of Excavations — Restoration of Public Property.

[R.O. 2007 §37-91; Ord. No. 6183 §1, 6-21-1999]
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

Section 710.180 Discharge Into Sanitary Sewers Restricted.

[R.O. 2007 §37-92; Ord. No. 6183 §1, 6-21-1999]
A. 
No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
B. 
Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the Superintendent to a storm sewer, combined sewer or natural outlet.
C. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
1. 
Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150°F); however, if the volume of discharge represents a significant portion of the flow resulting in a temperature in excess of one hundred four degrees Fahrenheit (104°F) into the treatment facility, a lower limit may be prescribed by the Superintendent.
2. 
Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) milligrams per liter or containing substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit (32°F) and one hundred fifty degrees Fahrenheit (150°F) (zero degrees (0°) and sixty-five degrees Celsius (65°C)).
3. 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (¾) horsepower or greater shall be subject to the review and approval of the Superintendent and any floor drains larger than four (4) inches shall have a grate cover welded or bolted in place.
4. 
Any wastewater having a pH less than five and one-half (5.5) or greater than nine and one-half (9.5), unless the POTW is specifically designed to accommodate such wastewater or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the POTW.
5. 
Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW.
a. 
At no time shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five percent (5%) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter.
b. 
This prohibition shall include, but not be limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) (sixty degrees Celsius (60°C) using test methods described in 40 CFR 261.21.
c. 
Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes and sulfides and any other substances which the City, the State or the EPA has notified the user is a fire hazard or a hazard to the system.
6. 
Any solid or viscous material which could cause an obstruction to flow in the sewers or in any way interfere with the treatment process. Examples of such materials include, but are not limited to, ashes, wax, paraffin, cinders, sand, mud, straw, shavings, metal, glass, rags, lint, feathers, tars, plastics, wood and sawdust, paunch manure, hair and fleshings, entrails, lime slurries, grinding compounds, acetylene generation sludge, chemical residues, acid residues, food processing bulk solids, refuse and debris not normally contained in sanitary sewage.
7. 
Any water or waste containing a toxic or poisonous liquid, gas or solid in sufficient quantity (acting either singly or by interaction with other wastes) to injure or interfere with any sewage works process, to constitute a hazard to humans or to animals, to create any hazard in the waters which receive treatment plant effluent, combined sewer overflow or storm water or that exceeds the limitation set forth in a pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.
8. 
Any radioactive wastes or isotopes of such half-life or concentration which may exceed limits established by the latest State and Federal regulations and the Superintendent.
9. 
Any concentrated dye wastes or other wastes which are either highly colored or could become highly colored by reacting with other wastes.
10. 
Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries and lime residues) or of dissolved solids, (such as, but not limited to, sodium chloride or sodium sulfate).
11. 
Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
12. 
Any waters or wastes having:
a. 
A five (5) day BOD greater than two hundred forty (240) milligrams per liter; or
b. 
Containing more than two hundred forty (240) milligrams per liter of suspended solids; or
c. 
Having an average daily flow greater than one percent (1%) of the average sewage flow of the City shall be subject to the review of the Superintendent. Where necessary in the opinion of the Superintendent, the owner shall provide, at his/her expense, such preliminary treatment as may be necessary to:
(1) 
Reduce the biochemical oxygen demand to two hundred forty (240) parts per million by weight;
(2) 
Reduce the suspended solids to two hundred forty (240) parts per million by weight; or
(3) 
Control the quantities and rates of discharge of such waters or wastes.
Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.
13. 
Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through.
14. 
Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with Section 710.250.
15. 
Medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit.
16. 
Any material or substance not specifically mentioned in this Section which is in itself corrosive, irritating to human beings and animals, toxic or noxious or which by interaction with other wastes could produce undesirable effects, including deleterious action on the sewage works, adversely affect any treatment process, constitute a hazard to human or animals or have an adverse effect upon the receiving stream.
D. 
When the Superintendent determines that a user(s) is contributing to the POTW any of the above substances in such amounts as to interfere with the operation of the POTW, the Superintendent shall:
1. 
Advise the user(s) of the impact of the contribution on the POTW; and
2. 
Develop effluent limitation(s) for said user(s) to correct the interference with the POTW.

Section 710.190 Federal Categorical Pretreatment Standards.

[R.O. 2007 §37-93; Ord. No. 6183 §1, 6-21-1999]
Upon promulgation of the Federal categorical pretreatment standards for a particular industrial subcategory, the Federal standard, if more stringent than limitations imposed under this Article for sources in that subcategory, shall immediately supersede the limitations imposed under this Article. The Superintendent shall notify all affected users of the limitations contained in the Federal standard.

Section 710.200 Pretreatment Facilities.

[R.O. 2007 §37-94; Ord. No. 6183 §1, 6-21-1999]
A. 
If any waters or wastes are discharged or are proposed to be discharged into the City's sewers which contain any quantity of substance having the characteristics described in Section 710.180 and/or are in violation of the standards of pretreatment provided in Chapter 1, EPA Rules and Regulations, Subchapter D, Water Programs Part 403 Pretreatment Standards, Federal Register Volume 46, No. 18, Wednesday, January 26, 1981, and any amendments thereto and which, in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise may create hazard to life or constitute a public nuisance, the Superintendent may:
[Ord. No. 7487 §1, 4-7-2014]
1. 
Reject the wastes;
2. 
Require, at the owner's expense, pretreatment facilities to reduce objectionable characteristics or constituents to within the maximum limits or best management practices provided for in Section 710.180 and/or Federal, State or local pretreatment standards;
3. 
Require control over the quantities and rates of discharge; and/or
4. 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this Article.
B. 
If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the pretreatment facilities shall be at the owner's expense. Construction drawings, specifications and other pertinent data shall be submitted for the approval of the Superintendent. No construction of such facilities shall be commenced until such approvals are obtained in writing. Construction shall be in accordance with the approved plans.
C. 
Where pretreatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense.
D. 
The City shall annually publish in the local newspaper a list of users which, during the previous twelve (12) months, were in significant non-compliance with the applicable pretreatment standards and requirements. The term "significant non-compliance" shall mean:
1. 
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six (6) month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
2. 
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 (6) month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (one and four-tenths (1.4) for BOD, TSS, fats, oils and grease and one and two-tenths (1.2) for all other pollutants except pH);
3. 
Any other discharge violations that the Superintendent believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
4. 
Any discharge of pollutants that has caused imminent endangerment to the public or to the environment or has resulted in the Superintendent's exercise of its emergency authority to halt or prevent such a discharge;
5. 
Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
6. 
Failure to provide, within thirty (30) 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;
7. 
Failure to accurately report non-compliance; or
8. 
Any other violation(s) which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.

Section 710.210 Dilution.

[R.O. 2007 §37-95; Ord. No. 6183 §1, 6-21-1999]
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 standards or requirement. The Superintendent 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 710.220 Private Waste Facilities.

[R.O. 2007 §37-96; Ord. No. 6183 §1, 6-21-1999]
A. 
In lieu of introducing untreated or partially treated industrial wastes and polluted waters into the sewers of the City, the owner of the premises producing such wastes may, if approved by the State Clean Water Commission, construct and operate, at his/her expense, private waste treatment facilities with the effluent discharged into a natural outlet. The design and operation of such facilities shall continuously produce an effluent which will not create a public nuisance with a pollution content no greater than the effluent from the City sewage treatment plant. Construction drawings, specifications and other pertinent information relating to such proposed treatment facilities shall be prepared by the owner, at his/her expense, and shall be submitted to the Superintendent and the State Clean Water Commission and no construction of such facilities shall be commenced until such approvals are obtained in writing. Construction shall be in accordance with such approved plans.
B. 
Where such private waste treatment facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense.

Section 710.230 Grease, Oil and Sand Interceptors.

[R.O. 2007 §37-97; Ord. No. 6183 §1, 6-21-1999]
Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.

Section 710.240 Control Manhole.

[R.O. 2007 §37-98; Ord. No. 6183 §1, 6-21-1999]
When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible, lockable and safely located and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his/her expense and shall be maintained by him/her so as to be safe and accessible at all times.

Section 710.250 Hauled Waste.

[R.O. 2007 §37-99; Ord. No. 6183 §1, 6-21-1999]
A. 
Septic tank waste may be introduced into the POTW only at locations designated by the Superintendent and at such times as are established by the Superintendent. Such wastes shall not violate Section 710.180 or any requirement established by the City. The Superintendent may require septic tank waste haulers to obtain wastewater discharge permits.
B. 
The Superintendent shall require haulers of industrial waste to obtain wastewater discharge permits. The Superintendent may require generators of hauled industrial waste to obtain wastewater discharge permits. The Superintendent also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of the Article.
C. 
Industrial waste haulers may discharge loads only at locations designated by the Superintendent. No load may be discharged without prior consent of the Superintendent. The Superintendent may collect samples of each hauled load to ensure compliance with applicable standards. The Superintendent may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
D. 
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 address of sources of wastes and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents and whether any wastes are hazardous waste.

Section 710.260 Standards for Measurements, Tests.

[R.O. 2007 §37-100; Ord. No. 6183 §1, 6-21-1999]
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls whereas pHs are determined from periodic grab samples. In certain cases the Superintendent may require sampling periods of up to several weeks.)

Section 710.270 Acceptance of Industrial Waste.

[R.O. 2007 §37-101; Ord. No. 6183 §1, 6-21-1999]
A. 
No statements contained in this Article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern.
B. 
No special agreements made pursuant to this Section will in any way allow the violation of any existing categorical pretreatment standard. Upon the promulgation of a new categorical pretreatment standard, any prior, related special agreements are thereby rendered null and void.

Section 710.280 Right of Entry for Inspection.

[R.O. 2007 §37-102; Ord. No. 6183 §1, 6-21-1999]
A. 
The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Article. The Superintendent or his/her representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers of waterways or facilities for waste treatment.
B. 
At a minimum, the Superintendent or other duly authorized representatives of the POTW will conduct annual inspections as listed in Subsection (A) above. The frequency of these inspections can be increased, but not decreased, by the Superintendent based upon the regulated industry's compliance record in previous years.

Section 710.290 Observance of Safety Rules — Indemnification.

[R.O. 2007 §37-102.1; Ord. No. 6183 §1, 6-21-1999]
While performing the necessary work on private properties referred to in Section 710.280 above, the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 710.200.

Section 710.300 Right of Entry Onto Easements for Inspection.

[R.O. 2007 §37-102.2; Ord. No. 6183 §1, 6-21-1999]
The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

Section 710.310 Required Reports and Notifications.

[R.O. 2007 §37-102.3; Ord. No. 6183 §1, 6-21-1999]
A. 
Baseline Monitoring Reports.
1. 
Baseline monitoring reports shall be submitted to the Superintendent according to the following schedules:
a. 
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), which ever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit a report which contains the information listed in Subsection (A)(2) of this Section.
b. 
At least ninety (90) days prior to commencement of their discharge, new sources and sources that become categorical users after the promulgation of an applicable standard shall submit a report which contains the information listed in Subsection (A)(2) below. A new source shall also report the method of pretreatment it intends to use to meet applicable categorical standard. A new source also shall give estimates of its anticipated flow and quantity of pollutant to be discharged.
2. 
All users described in Subsection (A)(1) of this Section shall submit the following information as part of their baseline monitoring reports:
a. 
Identifying information. The names and addresses of the facility, the operator and the owner.
b. 
Environmental permits. A list of any environmental control permits held by or for the facility.
c. 
Description of operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by the user. This description should include a schematic process diagram which indicates points of discharge of the POTW from the regulated processes.
d. 
Flow measurement. Information showing the measured average daily and maximum daily flow in gallons per day to the POTW from the regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
e. 
Measurement of pollutants.
(1) 
The categorical pretreatment standards applicable to each regulated process.
(2) 
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Superintendent, of regulated pollutants in the discharge from each regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard.
(3) 
Wastewater samples must be collected flow proportional composite techniques, except as specifically mentioned below. In the event flow proportional sampling is not feasible, the Superintendent may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with discharge limits. However, samples for oil and grease, temperature, ph, cyanide phenols, sulfides and volatile organic compounds must be obtained using grab sample collection techniques.
f. 
Certification. A statement, reviewed by the user's authorized representative 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.
g. 
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. The completion date in this schedule shall be no 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 710.310(B).
h. 
Signature and certification. All baseline monitoring reports must be signed and certified in accordance with Section 710.400(A)(16).
B. 
Compliance Schedule Progress Reports. The following shall apply to the compliance schedule required by Section 710.310(A)(2)(g).
1. 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standard (e.g., hiring an engineer, completing preliminary plans, executing contract for major components, commencing construction, completing construction, etc.).
2. 
No increment referred to in Subsection (B)(1) shall exceed nine (9) months.
3. 
Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established.
4. 
In no event shall more than nine (9) months elapse between such progress reports to the Superintendent.
C. 
Reports On Compliance With Categorical Pretreatment Standards 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 to the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in Section 710.310(A)(2)(d — f). For users subject to equivalent mass or concentration limits established in accordance with procedures in 40 CFR 403.6(c), this report shall contain a reasonable measurement 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 710.400(A)(16).
D. 
Periodic Industrial Self-Monitoring Reports.
[Ord. No. 7487 §1, 4-7-2014]
1. 
All significant industrial users (SIUs) as defined in Section 710.020 subject to pretreatment standards shall submit during the months of June and December a self-monitoring report to the Superintendent. The report shall contain the results of sampling and analysis of the discharge, including the flow rate and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standard. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation required by the Superintendent or the pretreatment standard necessary to determine the compliance status of the user. The frequency of monitoring shall be as prescribed in Section 710.320. The reporting frequency for any industry may be altered by the Superintendent upon consideration of such factors as actual flow rates and pollutant concentrations, seasonal production schedules, etc.
a. 
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 Superintendent, using the procedures prescribed in Section 710.320 of this Article, the results of this monitoring shall be included in the report.
2. 
All significant industrial users (SIUs) as defined in Section 710.010 not subject to pretreatment standards shall submit during the months of June and December a self-monitoring report to the Superintendent. The report shall contain the results of sampling and analysis of the discharge, including the flow rate and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standard.
In cases where a local limit requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the Superintendent to determine the compliance status of the user. These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in 40 CFR Part 136 and amendments thereto. This sampling and analysis may be performed by the City of Poplar Bluff in lieu of the significant industrial user.
E. 
Notification Of Violation/Repeat Sampling And Reporting. If the sampling performed by the user indicates a violation, the user must notify the Superintendent 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 Superintendent within thirty (30) days after becoming aware of the violation. Where the City has performed the sampling and analysis in lieu of the industrial user, the City must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. At the Superintendent's discretion, resampling may not be required if the Superintendent monitors the user's facility at least once a month, or if the Superintendent samples between the user's initial sampling and when the user receives the results of this initial sampling.
[Ord. No. 7487 §1, 4-7-2014]
F. 
Notification Of Changed Conditions.
1. 
Each user must notify the Superintendent of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of the wastewater at least ninety (90) days before the change.
2. 
For the purposes of this notification requirement, significant changes include, but are not limited to, flow increases of twenty percent (20%) or greater and the discharge of any previously unreported pollutants.
3. 
The Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including resubmission of a wastewater discharge permit application under Section 710.400(A).
4. 
The Superintendent may issue a wastewater discharge permit under Section 710.400(B) or modify an existing wastewater discharge permit under Section 710.410 in response to changed or anticipated changed conditions.
G. 
Notification Of The Discharge Of Hazardous Waste(s).
1. 
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and the 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.
a. 
An identification of the hazardous constituents contained in the wastes;
b. 
An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and
c. 
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 eighty (180) days after the discharge commences. Any notification under this Subsection need to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 710.310(F). The notification requirement of this Section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Section 710.310(D)
2. 
Dischargers are exempt from the requirements of Subsection (G)(1) above during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified under 40 CFR 261.30(d) and 261.33(e). The discharge of more than fifteen (15) kilograms on non-acute hazardous waste in a calendar month, or of any quantity of acute hazardous waste as specified under 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.
3. 
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 Superintendent, the EPA Regional Waste Management Division Director and the State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
4. 
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.
5. 
This provision does not create a right to discharge any substance not permitted to be discharged by this Article, a permit issued thereunder or any applicable Federal or State laws.

Section 710.320 Monitoring Requirements.

[R.O. 2007 §37-102.4; Ord. No. 6183 §1, 6-21-1999]
A. 
All significant industrial users (SIUs) shall be required to monitor their discharge at the frequency stipulated in the individual industrial discharge permit issued for each SIU. The minimum frequency for any SIU shall be once every three (3) months. Monitoring shall consist of sampling the discharge on a composite basis over a twenty-four (24) hour period and determining the nature and concentration of pollutants contained therein which are limited by the applicable pretreatment standard. Upon promulgation of a Federal categorical pretreatment standard for a particular industrial category containing more stringent monitoring requirements, the requirements of this Section shall immediately be superseded. The Superintendent shall notify all affected users of the more stringent requirements.
B. 
All sampling and analyses shall be performed in accordance with procedures established by the State pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the State. (Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants", April 1977 and amendments thereto or with any other sampling and analytical procedures approved by the State.)

Section 710.330 Required Report Records.

[R.O. 2007 §37-102.5; Ord. No. 6183 §1, 6-21-1999]
A. 
Every person discharging any industrial waste mixture into the sewers or sewage works of the City or into any sewer connected thereto is required to keep and maintain records of the data listed under Section 710.310, including documentation associated with best management practices. Such records shall be available for inspection during regular business hours by authorized representatives or employees of the City upon presenting written credentials of their authority, and such representatives or employees shall be permitted to make and retain copies of such records.
[Ord. No. 7487 §1, 4-7-2014]
B. 
Records pursuant to Subsection (A) above must be kept and maintained for a minimum of three (3) years. The time such records must be maintained may be extended by the Superintendent.

Section 710.340 Hazardous Wastes — Generally.

[R.O. 2007 §37-102.6; Ord. No. 6183 §1, 6-21-1999]
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City before construction of the facility. All existing users shall complete such a plan by 1997. No user who commences contribution to the POTW after 1997 shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facilities as necessary to meet the requirements of this Section.

Section 710.350 Hazardous Wastes — Accidental Spills, Discharges.

[R.O. 2007 §37-102.7; Ord. No. 6183 §1, 6-21-1999]
A. 
Any spill or accidental discharge of wastes which may create an explosion hazard in the sewage works or in any way have a deleterious effect upon these works, treatment process or constitute a hazard to human beings, animals or the receiving stream shall be immediately reported to the Superintendent by the person responsible for such spill or accidental discharge.
B. 
Such notification shall set forth the time and place of the spill or discharge, the type and quantity of material included in the waste and actions taken to stop the spill or discharge.
C. 
It shall be the responsibility of each person having knowledge of the spill or accidental discharge to have available, insofar as practicable and reasonable, the following information:
1. 
Potential toxicity in water to human beings, animals and aquatic life.
2. 
Suggestions on safeguard or other precautionary measures to nullify the toxic effects of such wastes.
D. 
It shall be the responsibility of each person responsible for the spill or accidental discharge to provide the Superintendent with written verification of what measures are to be taken to prevent a recurrence of any such spill or accidental discharge. Such information shall be in the hands of the Superintendent within seven (7) days after the spill or accidental discharge occurred. This report shall also include a description of the cause of the spill or accidental discharge. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this Article or other applicable law.

Section 710.360 Accidental Discharge/Slug Control Plans.

[R.O. 2007 §37-102.8; Ord. No. 6183 §1, 6-21-1999; Ord. No. 7487 §1, 4-7-2014]
A. 
At least once every two (2) years, the Superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Superintendent may require any user to develop, submit for approval and implement such a plan. Alternatively, the Superintendent may develop such a plan for any user. An accidental discharge/slug control plan shall be in accordance with 40 CFR 403.8 and, at a minimum, address the following:
1. 
Description of discharge practices, including non-routine batch discharge;
2. 
Description of stored chemicals;
3. 
Procedures for immediately notifying the Superintendent of any accidental or slug discharge as required by Section 710.310(G)(1); and
4. 
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. Should the significant industrial user make any modifications to its accidental discharge/slug control plan, the City shall immediately be made aware of the changes and provided a revised copy of the accidental discharge/slug control plan.

Section 710.370 Tampering, Damaging System.

[R.O. 2007 §37-102.9; Ord. No. 6183 §1, 6-21-1999]
A. 
No person shall tamper with any sewer lines or make any connection to the sanitary sewerage system of the City, either direct or indirect, without written permission from the City or reconnect sewage services when such services have been disconnected for non-payment of a bill for sewage services unless such bill for sewage services, including charges for disconnection, has been paid in full.
B. 
No person shall maliciously or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sanitary sewerage system.

Section 710.380 Confidential Information.

[R.O. 2007 §37-102.10; Ord. No. 6183 §1, 6-21-1999]
A. 
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs and from the Superintendent'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 Superintendent, 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 by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
B. 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Chapter, provided that such portions of a report shall be available for use by the State in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Section 710.390 Industrial Discharge Permit Required.

[R.O. 2007 §37-102.11; Ord. No. 6183 §1, 6-21-1999]
No significant industrial user (SIU) as defined in Section 710.020 shall be allowed to discharge any wastes into City sewers after 1997 without a valid industrial discharge permit obtained from the Superintendent.

Section 710.400 Application for Industrial Discharge Permit.

[R.O. 2007 §37-102.12; Ord. No. 6183 §1, 6-21-1999]
A. 
Application for an industrial discharge permit shall be made by the owner or his/her agent on a special form provided by the City. Existing users classified as a SIU shall file the completed application no later than 1997. New users that may be classified as SIUs must file a completed application at least ninety (90) days prior to connecting to or contributing to the City sewers. The following information, in units and terms appropriate for evaluation, shall be included in the application:
1. 
Name, address and standard industrial classification number;
2. 
Signature and title of official completing the application;
3. 
Location of plant;
4. 
Manufacturing or service activity conducted at the plant, including all materials which are or could be discharged;
5. 
Wastewater constituents and characteristics including, but not limited to, those mentioned in Section 710.180 as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
6. 
Time and duration of contribution;
7. 
Average daily and three (3) minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;
8. 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;
9. 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State or Federal pretreatment standards and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet the applicable pretreatment standards;
10. 
If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall be no later than the compliance date established for the pretreatment standard. The conditions pursuant to Section 710.310(B) shall apply to this compliance schedule;
11. 
Each product produced by type, amount, process or processes and rate of production;
12. 
Number of employees in each plant by shifts;
13. 
Source of water supply at each plant and the volume of water used by each plant daily, specified as to each source;
14. 
Description of raw water treatment and/or industrial waste pretreatment facilities currently in use;
15. 
Any other information as may be deemed by the City to be necessary to evaluate the permit application;
16. 
The signature of an authorized representative of the user containing the following statement:
"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 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."
B. 
The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue an industrial discharge permit, subject to the terms and conditions provided herein.

Section 710.410 Permit Modifications.

[R.O. 2007 §37-102.13; Ord. No. 6183 §1, 6-21-1999]
A. 
Changes Or Additions To Federal Categorical Pretreatment Standards. Within nine (9) months of the promulgation of a Federal categorical pretreatment standard, the industrial discharge permit of SIUs subject to such standards shall be revised to require compliance with such standard witting the time frame prescribed by such standard. Where an SIU, subject to Federal categorical pretreatment standard, has not previously submitted an application for an industrial discharge permit as required by Section 710.390, the SIU shall apply for an industrial discharge permit within one hundred eighty (180) days after the promulgation of the applicable Federal categorical pretreatment standard. In addition, the SIU with an existing industrial discharge permit shall submit to the Superintendent within one hundred eighty (180) days after the promulgation of an applicable Federal categorical pretreatment standard the information required by Subsections (A)(9) and (10) of Section 710.400.
B. 
Modifications To Existing Wastewater Discharge Permit. The Superintendent may modify a wastewater discharge permit for good cause including, but not limited to, the following reasons:
1. 
To incorporate any new or revised Federal, State or local pretreatment standards or requirements;
2. 
To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of the wastewater discharge permit issuance;
3. 
A change in the POTW that requires either a temporary reduction or elimination of the authorized discharge;
4. 
Information indicating that the discharge poses a threat to the City's POTW, City personnel or the receiving waters;
5. 
Violation of any terms or conditions of the wastewater discharge permit;
6. 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
7. 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
8. 
To reflect a transfer of the facility ownership or operation to a new owner or operator as provided under Section 710.440.

Section 710.420 Permit Conditions.

[R.O. 2007 §37-102.14; Ord. No. 6183 §1, 6-21-1999]
A. 
Industrial discharge permits shall be expressly subject to all provisions of this Chapter and all other applicable regulations, user charges and fees established by the City. Permits may contain the following:
1. 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a public sewer;
2. 
Limits on the average and maximum wastewater constituents and characteristics;
3. 
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
4. 
Requirements for installation and maintenance of inspection and sampling facilities;
5. 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
6. 
Compliance schedule;
7. 
Requirements for submission of technical reports or discharge reports as listed under Section 710.310;
8. 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City and affording City access thereto;
9. 
Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
10. 
Requirements for notification of accidental spills (Section 710.350);
11. 
Other conditions as deemed appropriate by the City to ensure compliance with this Chapter.

Section 710.430 Permit Duration.

[R.O. 2007 §37-102.15; Ord. No. 6183 §1, 6-21-1999]
Industrial discharge permits shall be issued for a period of one (1) year. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of sixty (60) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in his/her permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Section 710.440 Industrial Discharge Permit Transfer.

[R.O. 2007 §37-102.16; Ord. No. 6183 §1, 6-21-1999]
A. 
Industrial discharge permits are issued to a specific user for a specific, operation. An industrial discharge permit may be reassigned, transferred or sold to a new owner, user or operator only if the permittee gives at least sixty (60) days' advance notice to the Superintendent and the Superintendent approves the industrial discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner or operator which:
1. 
States that the new owner and/or operator has no immediate intent to change the facilities operations and processes;
2. 
Identifies the specific date on which the transfer is to occur; and
3. 
Acknowledges full responsibility for complying with the existing industrial discharge permit.
The duration of the existing industrial discharge permit shall not be altered under the terms of this Section. Failure to provide advance notice of a transfer renders the industrial discharge permit void as of the date of transfer.
B. 
An industrial discharge permit shall not be reassigned, transferred or sold to a different premises, changed operation or new operation.

Section 710.450 Permit Fee — Extra Charges.

[R.O. 2007 §37-102.17; Ord. No. 6183 §1, 6-21-1999]
It is the purpose of this Section to provide for the recovery from significant industrial users (SIUs) of the costs incurred by the City for the implementation and continued operation of the industrial pretreatment program. A permit fee shall accompany the completed industrial discharge permit application when filed with the City. In addition, costs to the City for sampling and testing a SIU's discharge shall be billed to SIU at a rate equal to the actual cost to the City plus ten percent (10%) for handling.

Section 710.460 Administrative Enforcement Remedies.

[R.O. 2007 §37-102.18; Ord. No. 6183 §1, 6-21-1999]
A. 
Notification Of Violation.
1. 
When the Superintendent, pretreatment coordinator or inspector finds that a violation of this Article, an industrial discharge permit or any prohibition, limitation or requirements contained herein exists, he/she may post a notice upon the property where the violation exists stating the nature of violation. Within thirty (30) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Superintendent by the user. If the Superintendent finds that an emergency exists, he/she may immediately cause the violation to be abated or corrected.
2. 
Whenever the Superintendent shall have caused any violation to be abated or corrected pursuant to this Section, he/she shall certify the costs thereof to the City Council and the owner of the property on which such violation was abated or corrected shall be civilly liable to the City for the costs of such abatements or corrections.
3. 
Any proceedings under this Section shall not relieve the owner of any liability for any penalty that may be assessed under Section 710.470.
B. 
Administrative Orders.
1. 
Consent orders. The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the industrial user responsible for the non-compliance. Such orders will include specific action to be taken by the industrial user to correct the non-compliance within a time period also specified by the order. Consent orders shall have the same force and effect as other administrative orders.
2. 
Show cause hearing.
a. 
The Superintendent may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the City Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.
b. 
The City Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee or the City to:
(1) 
Issue in the name of the City Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(2) 
Take the evidence;
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.
c. 
At any hearing held pursuant to this Section, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
d. 
After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances and are properly operated. Further orders and directives as are necessary and appropriate may be issued.
3. 
Cease and desist orders. When the Superintendent finds that an industrial user has violated or continues to violate this Article or any permit or order issued hereunder, the Superintendent may issue an order to cease and desist all such violations and direct those persons in non-compliance.
a. 
Comply forthwith.
b. 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
4. 
Compliance order. When the Superintendent finds that an industrial user has violated or continues to violate the ordinance or a permit or order issued thereunder, he/she may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the non-compliance, including the installation of pretreatment technology, additional self-monitoring and management practices.
C. 
Emergency Suspensions.
1. 
The City may suspend the wastewater treatment service and/or an industrial discharge permit when such suspension is necessary, in the opinion of the City, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the City to violate any conditions of its NPDES permit.
2. 
Any person notified of a suspension of the wastewater treatment service and/or the industrial discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The City shall reinstate the industrial discharge permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) days of the date of occurrence.
3. 
An industrial user which is responsible, in whole or in part, for 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 Superintendent prior to the date of the hearing described in Subsection (B)(2) above.
D. 
Termination Of Permit. Any user who violates the following conditions of this Chapter or applicable State and Federal regulations is subject to having his/her permit revoked in accordance with the procedures of this Section:
1. 
Failure of a user to factually report the wastewater constituents and characteristics of his/her discharge;
2. 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
3. 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;
4. 
Violation of conditions of the industrial discharge permit; or
5. 
Failure of a user to make payment on annual permit renewal fees, additional testing costs, etc., that may be assessed by or due to the City.
E. 
Administrative Fines.
1. 
Any user who is found to have violated an order of the City Council or who willfully or negligently failed to comply with any provision of this Article and the orders, rules, regulations and permits issued hereunder shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Article or the orders, rules, regulations and permits issued hereunder.
2. 
In addition, should a user violating provisions of this Article and orders, rules, regulations and permits issued hereunder cause, by such violation, the City to violate its NPDES permit, said user shall be civilly liable to the City for the costs of penalties levied against the City by State or Federal agencies.
F. 
Termination Of Service. In addition to the provisions in Section 710.460(D), any user who violates the following conditions is subject to discharge termination:
1. 
Violation of wastewater discharge permit conditions;
2. 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
3. 
Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
4. 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or
5. 
Violation of the pretreatment standards in Sections 710.180 through 710.210.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 710.460(B)(2) why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.

Section 710.470 Judicial Remedies.

[R.O. 2007 §37-102.19; Ord. No. 6183 §1, 6-21-1999]
A. 
If any person discharges sewage, industrial wastes or other wastes into the wastewater disposal system contrary to the provisions of this Article or any order or permit issued hereunder, the Superintendent, through the City Attorney, may commence an action for appropriate legal and/or equitable relief in the appropriate court for Butler County.
1. 
Injunctive relief. When the Superintendent finds that a user has violated or continues to violate any provision of this Article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Superintendent may petition the City of Poplar Bluff Municipal Court 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 wastewater discharge permit, order or other requirement imposed by this Article on activities of the user. The Superintendent 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.
2. 
Civil penalties.
a. 
Any industrial user who has violated or continues to violate this Article or any order or permit issued hereunder shall be liable to the Superintendent for a civil penalty of not more than ten thousand dollars ($10,000.00) but at least one thousand dollars ($1,000.00), State law permitting, plus actual damage incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the Superintendent may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
b. 
The Superintendent shall petition the court to impose, assess and recover such sums. In determining amount of 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 and economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user and any other factor as justice requires.
3. 
Criminal prosecution.
a. 
Violations generally.
(1) 
Any industrial user who willfully or negligently violates any provision of this Article or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) per violation per day or imprisonment for not more than one (1) year or both.
(2) 
In the event of a second (2nd) conviction, the user shall be punishable by a fine not to exceed three thousand dollars ($3,000.00) per violation per day or imprisonment for not more than three (3) years or both.
b. 
Falsifying information.
(1) 
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Article or industrial discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required in this Article shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than one hundred (100) days or both.
(2) 
In the event of a second (2nd) conviction, the user shall be punishable by a fine not to exceed three thousand dollars ($3,000.00) per violation per day or imprisonment for not more than three (3) years or both.

Section 710.480 Affirmative Defenses.

[R.O. 2007 §37-102.20; Ord. No. 6183 §1, 6-21-1999]
A. 
Treatment Upsets.
1. 
Any industrial user which experiences an upset in operations that places it in a temporary state of non-compliance, which is not the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation, shall inform the Superintendent thereof immediately upon becoming aware of the upset. Where such information is given orally, a written report thereof shall be filed by the user within five (5) days. The report shall contain:
a. 
A description of the upset, its cause(s) and impact on the discharger's compliance status.
b. 
The duration of non-compliance, including exact dates and times of non-compliance and if the non-compliance is continuing, the time by which compliance is reasonably expected to be restored.
c. 
All steps taken or planned to reduce, eliminate and prevent recurrence of such an upset.
2. 
An individual user which complies with the notification provisions of this Section in a timely manner shall have an affirmative defense to any enforcement action brought by the Superintendent for any non-compliance with this Article or an order or permit issued hereunder by the user, which arises out of violations attributable to and alleged to have occurred during the period of the documented and verified upset.
B. 
Treatment By-Passes.
1. 
A by-pass of the treatment system is prohibited unless all of the following conditions are met:
a. 
The by-pass was unavoidable to prevent loss of life, personal injury or severe property damage;
b. 
There was no feasible alternative to the by-pass, including the use of auxiliary treatment or retention of the wastewater; and
c. 
The industrial user properly notified the Superintendent as described in Subsection (B)(2) below.
2. 
Industrial users must provide immediate notice to the Superintendent upon discovery of any unanticipated by-pass. If necessary, the Superintendent may require the industrial user to submit a written report explaining the cause(s), nature and duration of the by-pass and the steps being taken to prevent its recurrence.
3. 
An industrial user may allow a by-pass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Industrial users anticipating a by-pass must submit notice to the Superintendent at least ten (10) days in advance. The Superintendent may only approve the anticipated by-pass if the circumstances satisfy those set forth in Subsection (B)(1) above.