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City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents
[R.O. 2008 § 700.020; R.O. 2007 § 700.020; Ord. No. 1278 § 2, 1-22-1986; Ord. No. 1592 § 1, 5-17-1988; Ord. No. 1810 Art. I § 1(A), 4-17-1990; Ord. No. 2037 § 1, 7-3-1992]
As used in this Chapter, the following terms shall have these prescribed meanings:
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.
AIR-GAP SEPARATION
The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than three (3) inches.
AUXILIARY WATER SUPPLY
Any water source or system, other than the public water supply, that may be available in the building or on the premises.
BACKFLOW
The reversal of the intended direction of flow of water, other liquids, gases, or substances into the public water system from any source or sources.
BACKFLOW PREVENTION DEVICE
Any device, method, or type of construction intended to prevent backflow into a potable water system.
BOD
Biochemical oxygen demand, determination by laboratory testing as set forth in the latest edition of standard methods for the examination of water and wastewater with the results expressed in units of milligrams per liter.
CITY
The City of O'Fallon, Missouri, including, but not limited to, its employees, agents, engineers, Operation and Maintenance Services personnel, and other designates as the City may have from time to time as deemed necessary.
CONTAINMENT
Protection of the public water supply by installing a cross-connection control device or air-gap separation on the main service line to a facility.
CONTAMINATION
An impairment of the quality of the water by sewage, process fluids, or other wastes to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.
CROSS-CONNECTION
Any physical link between a potable water supply and any other substance, fluid, or source, which makes possible contamination of the potable water supply due to the reversal of flow of the water in the piping or distribution system.
CUSTOMER
Any person who receives water from a public water system, except those persons receiving water for resale.
DRAINAGE AREA
That part of the tributary area for which a detention facility is designed to control peak discharge rates.
EASEMENT
Authorization by a property owner for the use by another for a specified purpose, of any designated part of the property.
EXISTING SOURCE
Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.[1]
HAZARD, DEGREE OF
An evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.
1. 
HAZARD, HEALTHAny condition, device, or practice in the water supply system and its operation which could create or may create a danger to the health and well-being of the water customer.
2. 
HAZARD, PLUMBINGA plumbing type cross-connection in a customer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device.
3. 
HAZARD, POLLUTIONALAn actual or potential threat to the physical properties of the water system or to the potability of the public or the customer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
4. 
HAZARD, SYSTEMAn actual or potential threat of severe damage to the physical properties of the public potable water system or the customer's potable water system, or of a pollution or contamination which would effect the quality of the potable water in the system.
INDUSTRIAL PROCESS SYSTEM
Any system containing a fluid or solution, which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional, or plumbing hazard if introduced into a potable water supply.
INDUSTRIAL USER OR USER
Any person, firm, corporation, partnership, governmental entity, etc., using or allowing the use of water and/or sewer services, including, but not limited to, treatment of waste, provided by the City of O'Fallon, Missouri.
INDUSTRIAL WASTE DISCHARGE PERMIT
The control mechanism issued by the City to Significant Industrial Users, Industrial Users or Users which include conditions necessary to prevent Pass Through or Interference, or protect the quality of the receiving waterways of the POTW's effluent or protect worker health and safety, or facilitate POTW sludge management and disposal, or protect ambient air quality, or protect against damage to the POTW.
INTERFERENCE
Any wastewater discharge from any user which, alone or in conjunction with a discharge(s) from other sources, which the City deems will inhibit or disrupt the POTW, its treatment process, use or disposal, including sewage sludge disposal or use, which contributes to increase in magnitude or duration of a violation of any requirement of the POTW's National Pollutants Discharge Elimination System (NPDES) Permit.
ISOLATION
Protection of a facility service line by installing a cross-connection control device or air-gap separation on an individual fixture, appurtenance, or system.
LATERAL
The entire length of sewer pipe(s) and fittings connecting the customers premises to the City main sewer line.
LOCAL LIMITS
The most recent schedule developed by the City which identifies the maximum discharge limitations of various types of pollutants by users connected to or using the POTW. Such schedule shall be updated from time to time as deemed necessary by the City for the purpose of being a control mechanism and used in issuance of Industrial Waste Discharge Permits.
NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD or STANDARD
Any regulation containing pollutant discharge limits containing pollutant discharge limits promulgated by the USEPA which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
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 the proposed pretreatment standards under Section 307(c)[2] of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section, provided that:
a. 
The building, structure, facility or installation is constructed at a site where 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 extreme 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 Subsection (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
3. 
Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
a. 
Begun, or caused to begin as part of a continuous on-site construction program:
(1) 
Any placement, assembly, or installation of facilities or equipment; or
(2) 
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which are 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 Subsection.
PASS THROUGH
A wastewater discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge(s) from other sources, the City deems to have the potential for, or causes, the POTW to violate any requirements of the City's POTW NPDES Permit, including an increase in the magnitude or duration of violation(s).
POLLUTION
The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water to a degree which does not create an actual hazard to the public health which does adversely and unreasonably affect such waters for domestic use.
POTW
Publicly owned treatment works and shall include all facilities or devices that collect, transport and/or treat domestic, commercial or industrial wastes and are owned and/or operated by the City, or by sewage systems that convey wastewaters into and through the City system and which have entered into agreement for transportation and treatment of wastewater by the City.
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 discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6(d): Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulation process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR 403.6(e).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User.
PRIVATE SEWER COLLECTION SYSTEM
A system serving, collecting and/or treating sewer waste flow from more than one (1) parcel of property, apartment complex, commercial or industrial complex or single-family residence.
PRIVATE WATER SUPPLY SYSTEM
A system that provides for a water source or supply, serving one (1) or more parcel of property, apartment complex, commercial or industrial complex or a single-family residence.
PUBLIC WATER SYSTEM
A system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days per calendar year. Such system includes any collection, treatment, storage or distribution facilities used in connection with such system.
SERVICE CONNECTION
The connection of the customer service line onto the downstream end of the water meter.
SEWER
Shall mean sanitary sewer; all sewage or wastes from a customer's property or user, excluding stormwater, rainwater, downspouts, foundation drains runoffs, etc. Stormwater, rainwater, downspouts, foundation drain runoffs, etc., are prohibited to discharge into the sanitary sewer system.
SIGNIFICANT INDUSTRIAL USER
Any user which is subject to Categorical Pretreatment Standards or any non-categorical user that discharges twenty-five thousand (25,000) gallons per day or more processed wastewater, or that contributes a processed waste stream which makes up to five percent (5%) or more of the dry weather hydraulic or organic capacity of the POTW, or any user that has a reasonable potential, in opinion of the City, for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
SIGNIFICANT NON-COMPLIANCE
Any one of the following:
1. 
Chronic violations of wastewater discharge limits, defined herein as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter in 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 [1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH];
3. 
Any other discharge violation that the City believes has caused, alone on in combination with other discharges, interference or pass through (including endangering the health of the residents of the City 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 City's exercise of its emergency authority to halt or prevent such a discharge;
5. 
Failure to meet, within ninety (90) days of the schedule 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, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance schedules;
7. 
Failure to accurately report non-compliance;
8. 
Any other violation(s) which the City determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG LOAD
Any discharge at a flow rate of concentration which could cause a violation of the prohibited discharge standards in Section 700.440 of this Chapter or any discharge including, but not limited to, an accidental spill or a non-customary batch discharge.
STANDARD CONDITIONS
The current rules and procedures to be used and followed in conjunction with an Industrial Waste Discharge Permit, and includes monitoring, reporting and management requirements for permitted users. See Exhibit C to this Chapter, on file in the office of the City Clerk.
T.S.S.
Total suspended solids determined by laboratory testing as set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater with the results expressed in units of milligrams per liter.
USER
Any person, firm, corporation, partnership, etc., using or allowing the use of water and/or sewer services provided by the City of O'Fallon, Missouri.
WATER SUPPLIER
The owner, operator, or individual in responsible charge of a public water system.
[1]
Editor's Note: See 33 U.S.C. § 1317.
[2]
Editor's Note: See 33 U.S.C. § 1317(c).