[Ord. No. 6035 § II, 11-7-2016]
A. This Chapter sets forth uniform requirements for Users of the Publicly
Owned Treatment Works for the Sikeston Board of Municipal Utilities
and enables the BMU to comply with all applicable State and Federal
laws, including the Clean Water Act (33 United States Code [U.S.C.]
Section 1251, et seq.) and the General Pretreatment Regulations (Title
40 of the Code of Federal Regulations [CFR] Part 403). The objectives
of this Chapter are:
1.
To prevent the introduction of pollutants into the Publicly
Owned Treatment Works that will interfere with its operation;
2.
To prevent the introduction of pollutants into the Publicly
Owned Treatment Works that will pass through the Publicly Owned Treatment
Works, inadequately treated, into receiving waters, or otherwise be
incompatible with the Publicly Owned Treatment Works;
3.
To protect both Publicly Owned Treatment Works personnel who
may be affected by wastewater and sludge in the course of their employment
and the general public;
4.
To promote reuse and recycling of industrial wastewater and
sludge from the Publicly Owned Treatment Works;
5.
To provide for fees for the equitable distribution of the cost
of operation, maintenance, and improvement of the Publicly Owned Treatment
Works; and
6.
To enable the BMU to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other Federal or State laws to which the Publicly Owned Treatment
Works is subject.
B. This Chapter shall apply to all Users of the Publicly Owned Treatment
Works. This Chapter authorizes the issuance of individual wastewater
discharge permits; provides for monitoring, compliance, and enforcement
activities; establishes administrative review procedures; requires
User reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
[Ord. No. 6035 § II, 11-7-2016]
Except as otherwise provided herein, the Director shall administer,
implement, and enforce the provisions of this Chapter. Any powers
granted to or duties imposed upon the Director may be delegated by
the Director to a duly authorized City employee.
[Ord. No. 6035 § II, 11-7-2016]
The following abbreviations, when used in this Chapter, shall
have the designated meanings:
BOD
|
Biochemical Oxygen Demand
|
BMP
|
Best Management Practice
|
BMR
|
Baseline Monitoring Report
|
CFR
|
Code of Federal Regulations
|
CIU
|
Categorical Industrial User
|
COD
|
Chemical Oxygen Demand
|
EPA
|
U.S. Environmental Protection Agency
|
gpd
|
gallons per day
|
IU
|
Industrial User
|
mg/l
|
milligrams per liter
|
NPDES
|
National Pollutant Discharge Elimination System
|
NSCIU
|
Non-Significant Categorical Industrial User
|
POTW
|
Publicly Owned Treatment Works
|
RCRA
|
Resource Conservation and Recovery Act
|
SIU
|
Significant Industrial User
|
SNC
|
Significant Non-Compliance
|
TSS
|
Total Suspended Solids
|
U.S.C.
|
United States Code
|
[Ord. No. 6035 § II, 11-7-2016]
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this Chapter, shall have the meanings
hereinafter designated.
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. Section 1251, et seq.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER
1.
If the User is a corporation:
a.
The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation; or
b.
The manager of one (1) or more manufacturing, production, or
operating facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit or general permit requirements; and where
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
2.
If the User is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
3.
If the User is a Federal, State, or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
4.
The individuals described in paragraphs (1) through (3), above,
may designate a Duly Authorized Representative if the authorization
is in writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for the company, and the written authorization is submitted
to the BMU.
BEST MANAGEMENT PRACTICES or BMPS
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section
716.050(A) and
(B) [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BIOCHEMICAL OXYGEN DEMAND or BOD
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five (5)
days at twenty degrees centigrade (20° C.), usually expressed
as a concentration (e.g., mg/l).
BMU
The Sikeston Board of Municipal Utilities.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter
I, Subchapter N, Parts 405 — 471.
DAILY MAXIMUM
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
DAILY MAXIMUM LIMIT
The maximum allowable discharge limit of a pollutant during
a calendar day. Where Daily Maximum Limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where Daily Maximum Limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
DIRECTOR
The person designated by the BMU to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by this Chapter. The term also means a Duly Authorized Representative
of the Director.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, the Regional Administrator,
or other duly authorized official of said agency.
GRAB SAMPLE
A sample that is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
fifteen (15) minutes.
INSTANTANEOUS LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
INTERFERENCE
A discharge that, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; and therefore, is a cause of a violation of the BMU's NPDES
permit or of the prevention of sewage sludge use or disposal in compliance
with any of the following statutory/regulatory provisions or permits
issued thereunder, or any more stringent State or local regulations:
Section 405 of the Act; the Solid Waste Disposal Act, including Title
II commonly referred to as the Resource Conservation and Recovery
Act (RCRA); any State regulations contained in any State sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
LOCAL LIMIT
Specific discharge limits developed and enforced by the BMU
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
MONTHLY AVERAGE
The sum of all "daily discharges" measured during a calendar
month divided by the number of "daily discharges" measured during
that month.
MONTHLY AVERAGE LIMIT
The highest allowable average of "daily discharges" over
a calendar month, calculated as the sum of all "daily discharges"
measured during a calendar month divided by the number of "daily discharges"
measured during that month.
NEW SOURCE
1.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed Pretreatment Standards
under Section 307(c) of the Act that will be applicable to such source
if such Standards are thereafter promulgated in accordance with that
Section, provided that:
a.
The building, structure, facility, or installation is constructed
at a site at which no other source is located; or
b.
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an Existing Source; or
c.
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an Existing Source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the Existing Source, should be considered.
2.
Construction on a site at which an Existing Source is located
results in a modification rather than a New Source if the construction
does not create a new building, structure, facility, or installation
meeting the criteria of Section (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
(i)
Any placement, assembly, or installation of facilities or equipment;
or
(ii)
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
b.
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this paragraph.
NON-CONTACT COOLING WATER
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
PASS THROUGH
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the City's NPDES permit, including
an increase in the magnitude or duration of a violation.
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all Federal, State, and
local governmental entities.
pH
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
POLLUTANT
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
PRETREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants,
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable Pretreatment Standard.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
imposed on a User, other than a Pretreatment Standard.
PUBLICLY OWNED TREATMENT WORKS or POTW
A treatment works, as defined by Section 212 of the Act (33
U.S.C. Section 1292), which is owned by the BMU. This definition includes
any devices or systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances, which convey wastewater to a treatment
plant.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
SEWAGE
Human excrement and gray water (household showers, dishwashing
operations, etc.).
SIGNIFICANT INDUSTRIAL USER (SIU)
Except as provided in paragraphs (3) and (4) of this definition,
a Significant Industrial User is:
1.
An Industrial User subject to categorical Pretreatment Standards;
or
2.
An Industrial User that:
a.
Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary, non-contact
cooling and boiler blowdown wastewater);
b.
Contributes a process wastestream which makes up five percent
(5%) or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant; or
c.
Is designated as such by the BMU on the basis that it has a
reasonable potential for adversely affecting the POTW's operation
or for violating any Pretreatment Standard or Requirement.
3.
The BMU may determine that an Industrial User subject to categorical
Pretreatment Standards is a Non-Significant Categorical Industrial
User rather than a Significant Industrial User on a finding that the
Industrial User never discharges more than one hundred (100) gallons
per day (gpd) of total categorical wastewater (excluding sanitary,
non-contact cooling and boiler blowdown wastewater, unless specifically
included in the Pretreatment Standard) and the following conditions
are met:
a.
The Industrial User, prior to City's finding, has consistently
complied with all applicable categorical Pretreatment Standards and
Requirements;
b.
The Industrial User annually submits the certification statement required in Section
716.430(A)(2) [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
c.
The Industrial User never discharges any untreated concentrated
wastewater.
4.
Upon a finding that a User meeting the criteria in Subsection
(2) of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement, the BMU may at any time, on its own initiative or in response to a petition received from an Industrial User, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered a Significant Industrial User.
SLUG LOAD or SLUG DISCHARGE
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section
716.050 of this Chapter. A Slug Discharge is any Discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW's regulations, Local Limits or Permit conditions.
STORM WATER
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
WASTEWATER
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.