[Ord. No. 2206 §§1 —
2, 6-5-2000]
A.
This
Chapter sets forth requirements for discharge of commercial and industrial
wastes to the sewer system of the City of Pleasant Valley, Missouri.
The objectives of this Chapter are:
1.
To prevent the introduction of pollutants into the sewer system that
will interfere with the operation of the publicly owned treatment
works (POTW) or damage the infrastructure or equipment;
2.
To prevent the introduction of pollutants into the sewer system which
will pass through the POTW into receiving waters without adequate
treatment or otherwise be incompatible with the POTW;
3.
To ensure that the quality of the POTW's wastewater sludge generated
is maintained at a level which allows its use and disposal in compliance
with applicable Statutes and regulations;
4.
To protect personnel who may be affected by wastewater and sludge
in the course of their employment and to protect the general public;
5.
To improve the opportunity to recycle and reclaim wastewater and
sludge from the POTW;
6.
To provide for fees for the equitable distribution of the cost of
operation, maintenance and improvement of the POTW;
7.
To enable the City to comply with NPDES permit conditions, sludge
use and disposal requirements and any other Federal, State, or local
Statutes, regulations, or laws to which the City is subject;
8.
To establish the responsibilities and duties of the users of the
POTW; and
9.
To establish the authority of the City to enforce the provisions
of this Chapter and to enable the City to assess penalties if these
provisions are not met.
B.
Notwithstanding
any other pretreatment provision to the contrary, nothing contained
in the Chapter or elsewhere shall be deemed to be a legally binding
commitment under the CLEAN WATER ACT, 33 U.S.C. §§1251,
et seq.; the MISSOURI CLEAN WATER LAW, Mo. REV. STAT. §§
644.006, et seq.; and applicable regulations (40 CFR Part 403, 10
CSR 20-6.100) for the City to undertake pretreatment implementation
or enforcement activities beyond the minimum requirements of said
Statutes and regulations. Nevertheless the City maintains its discretionary
authority to undertake pretreatment activities beyond the minimum
required by said Statutes and regulations.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
A.
Where not inconsistent with the provisions of this Chapter 705, the provisions of Chapter 700 are incorporated herein by reference and shall be applicable to all commercial and industrial sewer users in the City. To the extent there is a conflict between the provisions of Chapter 700 and Chapter 705 for commercial and industrial sewer users, Chapter 705 shall be controlling.
B.
Sewer Charges For Commercial And Industrial Users. There
is hereby imposed upon each commercial and industrial user of the
public sewer system a schedule of charges for the use of and the services
rendered by the City's wastewater facilities at the rate or rates
hereinafter provided. The rate or rates imposed shall be based upon
the quantity of water used in or on a user's premises as measured
by the water meter or meters, subject to exemptions provided. The
schedule of charges shall be established at a minimum sufficient to
provide for the recovery of all cost for operation, maintenance, and
replacement for the City's wastewater facilities.
1.
This Section shall set the rates to be charged to users for the collection
and treatment of sewerage. Each user shall pay for the sewerage collection
and treatment services provided by the City based on his/her, or its
use of the system as determined by water meters acceptable to the
City.
2.
For all contributors within the City, monthly user charges for the
collection and treatment of sewage will be based on the actual monthly
water usage.
3.
There is hereby levied a charge against the persons, firms, partnerships,
corporations and associations using water in the City. Each commercial
and each industrial user shall pay a volume charge of $0.0025 per
gallon of water used.
4.
Additional charges may be levied and established or abated by the
Board of Aldermen to cover waste or sewerage material of such a nature
as to result in high treatment costs, or where treatment will not
allow disposal under reciprocal agreements, or where private treatment
makes the usual charge excessive in view of private treatment or disposal.
5.
The sewer charges provided in these Sections shall be payable to
the Clay County Public Water Supply District No. 2 at the same time
as the water bill, or at such other time as designated on the bill
for the sewer charges.
6.
The City may, when necessary, estimate the billing and charges based
upon past, projected or proposed usage and the charges shall be computed
and adjusted at least annually to computations from water use records
of the user as determined by Clay County Public Water Supply District
No. 2.
7.
Where enforcement by the City entails inspections, testing or investigative
expenses to determine compliance, the City shall notify the user,
owner or person billed, in writing, of provisions of the Chapter where
violations are claimed and call for such data as needed to verify
the violation, and upon failure to furnish such data and correction
of any violation within the time fixed in said notice, the City, in
addition to penalties provided in this Chapter, shall be authorized
to incur expenses to verify, test, inspect and correct violations
in order to comply with the obligation of City under its reciprocal
agreements with other Cities. Further, those costs may be recovered
from the said persons by adding the expenses to the fine, if any,
levied in Municipal Court or an appeal from Municipal Court, or by
suit in a court of civil jurisdiction. Where suit is required, City
is authorized to employ counsel and recover those counsel fees in
addition to the charges incurred. Failure to pay such costs incurred
in Municipal Court shall not terminate the obligation by civil action.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
A.
ACT
AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL USER
1.
2.
3.
4.
BATCH
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING SEWER
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD
CHEMICAL OXYGEN DEMAND (COD)
CITY
CITY SEWER
COMBINED SEWER
COMBINED WASTESTREAM FORMULA
COMMERCIAL OR INDUSTRIAL WASTES
COMMERCIAL USER
COMPOSITE SAMPLE
CODE OF FEDERAL REGULATIONS (C.F.R.)
CODE OF STATE REGULATIONS (C.S.R.)
DAILY MAXIMUM
DAY
DEPARTMENT
DIRECTOR
DISCHARGE
EFFLUENT
ENVIRONMENTAL PROTECTION AGENCY (EPA)
GARBAGE
GRAB SAMPLE
HAZARDOUS WASTE
INDUSTRIAL USER
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
INTERJURISDICTIONAL AGREEMENT
MEDICAL WASTE
NORMAL SEWAGE
NPDES PERMIT
OIL AND GREASE
pH
PASS THROUGH
PERSON
POLLUTANT
PRETREATMENT
PRETREATMENT REQUIREMENT
PRETREATMENT STANDARD
PROPERLY SHREDDED GARBAGE
PUBLICLY OWNED TREATMENT WORKS (POTW)
RECEIVING STREAM
SANITARY WASTEWATER
SANITARY SEWER
SEWER
SIGNIFICANT INDUSTRIAL USER
1.
2.
3.
4.
5.
SLUG DISCHARGE
STANDARD LABORATORY METHODS
STATE
STORM SEWER, STORM DRAIN
STORM WATER
SUSPENDED SOLIDS (NON-FILTERABLE RESIDUE)
TOXIC POLLUTANTS
USER
WASTE TREATMENT FACILITY
WASTEWATER OR SEWAGE
WASTEWATER TREATMENT PLANT (WWTP) OR TREATMENT PLANT
Definitions. Unless the context specifically indicates otherwise,
the meaning of terms used in this Chapter shall be as follows:
The FEDERAL WATER POLLUTION CONTROL ACT, also known as the
CLEAN WATER ACT, as amended, 33 U.S.C. §§1251, et seq.
If the industrial user is a corporation, authorized representative
shall mean the president, secretary, treasurer, or a vice president
of the corporation in charge of a principal business function, or
any other person who performs policy or decision-making functions
for the corporation;
If the industrial user is a partnership or sole proprietorship,
authorized representative shall mean a general partner or proprietor,
respectively;
If the industrial user is a Federal, State or local governmental
facility, authorized representative shall mean a Director or the highest
official appointed or designated to oversee the operation and performance
of the activities of the governmental facility, or his designee;
The individuals described in paragraphs (1) through (3) above
may designate another authorized representative if the authorization
is submitted in writing to the Director and the authorization specifies
the individual or position responsible for the overall operation of
the facility from which the discharge originates or who has overall
responsibility for environmental matters for the industrial user.
A quantity of wastewater, physically separated from all other
quantities of wastewater, for the purpose of treatment and/or discharge.
The quantity of oxygen utilized in the biochemical oxidation
of matter under standard laboratory conditions in five (5) days at
twenty degrees Centigrade (20°C), expressed in milligrams per
liter (mg/l).
The extension from the building drain to the City sewer or
other place of disposal.
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act which apply to a specific category of industrial users and which appear in 40 C.F.R. Chapter I, Subchapter N, Parts 405-471.
A measure of the oxygen-consuming capacity of inorganic and
organic matter present in water or wastewater. It is expressed as
the amount of oxygen consumed by a chemical oxidant in a specified
test. It does not differentiate between stable and unstable organic
matter and thus does not necessarily correlate with biochemical oxygen
demand (BOD).
The City of Pleasant Valley, Missouri.
A sewer owned or controlled by the City.
A sewer receiving both stormwater runoff and wastewater.
A method defined in 40 C.F.R. §403.6(e) to derive alternative
discharge limits. Such alternative discharge limits may apply where
process effluent regulated by any categorical pretreatment standard
is mixed prior to treatment with wastewaters other than those generated
by the regulated process.
The waterborne wastes from commercial and/or industrial establishments
as distinct from sanitary wastewater.
Industrial user.
A sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
Regulations as issued by the United States Government. References
to Sections of C.F.R. shall be in accordance with the latest revisions
unless specifically stated otherwise.
Regulations as issued by the Missouri State Government. References
to Sections of C.S.R. shall be in accordance with the latest revisions
unless specifically stated otherwise.
The maximum flow rate or maximum average concentration of
a particular pollutant which may be discharged in a day.
A period of normal operation not to exceed twenty-four (24)
hours.
The Public Works Department of the City.
The Director of the Public Works Department of the City,
or his authorized deputy, agent or representative.
Material directly or indirectly released to the POTW; or
the act of releasing material directly or indirectly to the POTW.
The "end of process" liquid wastes from an industrial process
which ultimately are discharged.
The United States Environmental Protection Agency.
Solid food wastes from the preparation, cooking and disposing
of food, together with incidental admixtures, and from the handling,
storage and sale of produce.
A sample which is taken on a one-time basis without regard
to the flow rate of the sampled stream and without consideration of
time.
Any material, regardless of amount, which would be defined
as a hazardous waste under 40 C.F.R. Part 261 or 10 C.S.R. 25 if it
were not discharged to the POTW.
Any person discharging commercial or industrial wastes.
The maximum concentration of a pollutant allowed to be discharged
at any time, independent of the discharge rate and duration of the
sampling event.
Inhibition or disruption of the POTW, its treatment processes
or operations, or its sludge processes, use or disposal which results
in violation (including an increase in the magnitude or duration of
a violation) of a POTW's NPDES permit or prevents wastewater sludge
use or disposal in compliance with any Federal, State or local law,
regulation or permit.
Any agreement the City has with another jurisdiction for
the transport, treatment, or other services related to wastewater.
Isolation wastes, infectious agents, human blood by-products,
pathological wastes, sharps, body parts, fomites, etiologic agents,
contaminated bedding, surgical wastes, potentially contaminated laboratory
wastes and dialysis waste or any other materials or items commonly
used or associated with medical care.
Wastewater which contains not over two hundred fifty (250) milligrams per liter (mg/l) of suspended solids, not over two hundred fifty (250) milligrams per liter (mg/l) of BOD, not over thirty (30) milligrams per liter (mg/l) of oil and grease and which does not contain any of the materials or substances listed in Section 705.110 of this Chapter in excess of allowable amounts specified in said Section.
National Pollutant Discharge Elimination System Permit issued
by the Missouri Department of Natural Resources or EPA.
Any material recovered as a substance soluble in an organic
extracting solvent as specified by Standard Method 5520 of Standard
Methods of the Examination of Water and Wastewater, 18th Edition,
1992 or the latest revision thereto. Oil and grease is composed primarily
of fatty matter from animal and vegetable sources and from hydrocarbons
of petroleum origin. The concentration of oil and grease of petroleum
hydrocarbon origin can be determined using Standard Method 5520F.
The concentration of oil and grease of animal and vegetable origin
is hereby defined as the difference between the total and the petroleum
hydrocarbon oil and grease concentrations.
A measure of the acidity or alkalinity of a substance, expressed
in standard units.
A violation of any requirement of the City's or of a POTW's
NPDES permit, including an increase in the magnitude or duration of
a violation, caused by a discharge or combination of discharges.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns.
Anything discharged into the POTW which causes any alteration
of chemical, physical, biological, or radiological integrity of water
including, but not limited to, 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).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of introducing such pollutants into
the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes, by process changes, or by other
means, but not by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard or requirement.
Any substantive or procedural requirement related to pretreatment
imposed on an industrial user, other than a pretreatment standard.
Any regulation which applies to industrial users and contains
pollutant discharge limits promulgated by EPA in accordance with the
Act. This term includes prohibitive discharge limits pursuant to 40
C.F.R. § 403.5.
Garbage that has been shredded to such degree that all particles
will be carried freely under the flow conditions normally prevailing
in the City sewers, with no particle greater than one-half (½)
inch in any dimension.
A "treatment works" as defined by Section 212 of the Act
(33 U.S.C. §1292), which is owned by the City or by the City
of Kansas City, Missouri. This definition includes the sewer system
and any other devices or systems used in the collection, storage,
treatment, testing, monitoring, recycling and reclamation of wastewater
or industrial wastes and any conveyances which convey wastewater to
a treatment plant.
Any natural watercourse into which treated or untreated wastewater
is discharged.
Those wastes which are comparable to wastes which originate
in residential units and contain only human excrement and wastes from
kitchen, laundry, bathing and other household facilities.
A sewer which carries wastewater and to which storm, surface
and ground waters are not normally admitted.
A pipe or a conduit for carrying wastewater.
Any industrial user which:
Is subject to categorical pretreatment standards;
Purchases, uses, or discharges an average of twenty-five thousand
(25,000) gallons per day or more of water;
Discharges a process wastestream which makes up five percent
(5%) or more of the average dry weather hydraulic or organic capacity
of the wastewater treatment plant serving the said industrial user;
Accepts waste from another location outside the facility's boundaries
for treatment, storage or disposal; or
Is designated as significant by the Director on the basis that
the industrial user has a reasonable potential for adversely affecting
the POTW's operations, for violating this Chapter or for violating
pretreatment standards or requirements.
Any discharge of a non-routine, episodic nature including,
but not limited to, an accidental spill or a non-customary discharge.
Sampling and analytical techniques promulgated by EPA in
40 C.F.R. Part 136.
The State of Missouri, including its agencies, and specifically
the Department of Natural Resources.
A sewer which normally carries only storm and surface waters
and drainage.
Any flow resulting from any form of natural precipitation
including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquids, and which
is removable by laboratory filtering.
Those substances listed in regulations promulgated by EPA
under the provisions of Section 307 (33 U.S.C. §1317) of the
Act.
Any person who discharges, causes or permits discharge into
the POTW.
Any commercial facility accepting industrial wastes from
another location outside the facility's boundaries for treatment,
storage or disposal.
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, whether
treated or untreated.
The portion of the POTW designed to provide treatment of
wastewater.
B.
Rules Of Construction. Unless the context specifically indicates
otherwise, the construction of terms used in this Chapter shall be
as follows:
[Ord. No. 2206 §§1 —
2, 6-5-2000]
For the purposes of this Chapter, the following abbreviations
shall have the designated meanings:
|
BOD
|
Biochemical Oxygen Demand
| |
|
ccf
|
Hundred cubic feet
| |
|
CFR
|
Code of Federal Regulations
| |
|
COD
|
Chemical Oxygen Demand
| |
|
CSR
|
Missouri Code of State Regulations
| |
|
EPA
|
United States Environmental Protection Agency
| |
|
GPD
|
Gallons Per Day
| |
|
l
|
Liter
| |
|
mg
|
Milligrams
| |
|
mg/l
|
Milligrams per Liter
| |
|
NPDES
|
National Pollutant Discharge Elimination System
| |
|
O and M
|
Operation and Maintenance
| |
|
PCBs
|
Polychlorinated Biphenyls
| |
|
POTW
|
Publicly Owned Treatment Works
| |
|
RCRA
|
Federal Resource Conservation & Recovery Act
| |
|
TTOs
|
Total Toxic Organics
| |
|
TSS
|
Total Suspended Solids
| |
|
USC
|
United States Code
| |
|
ug
|
Micrograms
| |
|
ug/l
|
Micrograms per Liter
| |
|
WWTP
|
Wastewater Treatment Plant
|
[Ord. No. 2206 §§1 —
2, 6-5-2000]
Except as otherwise provided herein, the Director is authorized
to administer, implement and enforce the provisions of this Chapter.
The Director may delegate to the Director's authorized representatives
or agents any powers granted to or duties imposed upon him, unless
specifically provided otherwise herein.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
All pollutant analyses, including sampling techniques, submitted
as part of a wastewater discharge permit application or report shall
be performed in accordance with the techniques prescribed in 40 C.F.R.
Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 C.F.R. Part 136 does not contain sampling
or analytical techniques for the pollutant in question, or where the
sampling and analytical techniques in 40 C.F.R. Part 136 are inappropriate
for the pollutant in question, sampling and analyses must be performed
in accordance with procedures approved by EPA.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
A.
Except as indicated in Subsection (B) of this Section, industrial users shall collect wastewater samples using flow proportional composite collection techniques unless the Director determines that such techniques are infeasible or inappropriate. In such cases, the Director may authorize the use of other collection techniques which will provide a representative sample of the effluent or discharge. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
B.
Samples
for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides,
and volatile organic compounds shall be obtained using grab sample
collection techniques.
C.
All
wastewater samples shall be representative of the industrial user's
effluent or discharge. wastewater monitoring and flow measurement
facilities shall be properly operated, kept clean, and maintained
in good working order at all times. The failure of an industrial user
to keep its monitoring facility or facilities clean and in good working
order shall not be grounds for the industrial user to claim that sample
results are unrepresentative of its discharge or effluent.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
A.
Industrial
users shall make available for inspection and copying by the Director
all records and information required by the Director or by provisions
of this Chapter.
B.
Industrial
users shall maintain records of all information resulting from any
sampling or monitoring required pursuant to this Chapter, including
time, date, place and method of sampling and analysis, personnel involved
and the results of such activities, material safety data sheets, incoming
hazardous waste manifests, outgoing hazardous waste manifests, analytical
reports, production records, purchase records, reports submitted to
regulatory agencies, and other related records, for a period of at
least three (3) years.
C.
The
period for maintaining records shall be automatically extended for
the duration of any litigation concerning compliance with this Chapter,
or where an industrial user has been specifically notified of a longer
retention period by the Director.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
Where an owner of property leases premises to any other person
as a tenant under any rental or lease agreement, and such tenant is
an industrial user, either the tenant or the owner or both may be
held responsible for compliance with the provisions of this Chapter.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in Sections 705.570 through 705.660 of this Chapter.
