City of Chillicothe, MO
Livingston County
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Table of Contents
Table of Contents

Section 715.010 General Provisions.

[CC 1999 §28-117; Ord. No. 97-9, 1-28-1997; Ord. No. 2002-141 §1, 10-14-2002]
A. 
Purpose. The purpose of this Chapter is to provide for the maximum possible beneficial public use of the publicly owned treatment works (POTW) through regulations of sewer construction, sewer use and wastewater discharges; to provide for equitable distribution of the costs of the POTW; and to provide procedures for complying with the requirements contained herein.
B. 
Scope.
1. 
The provisions of this Chapter shall apply to the discharge of all wastewater into the POTW. This Chapter provides for use of the POTW, regulations of sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment, alternate treatment facilities, equitable distribution of costs, assurance that existing capacity will not be exceeded, approval of sewer construction plans, issuance of wastewater contribution permits, minimum sewer connection standards and conditions and penalties and other procedures for violation of this Chapter.
2. 
This Chapter shall apply within the City of Chillicothe, Missouri, and to persons outside the City of Chillicothe, Missouri, who are users of the POTW.
3. 
All connections of lateral or building sewer lines into the sewage system of the POTW service area, whether within or without the City, shall be made subject to such terms and conditions as the ordinances of the City of Chillicothe may prescribe.
C. 
Administration. Except as otherwise provided herein, the Director shall administer, implement and enforce the provisions of this Chapter.
D. 
Fees And Charges.
1. 
All fees and charges payable under this Chapter shall be paid to the City.
2. 
All fees and charges under the provisions of this Chapter are due and payable upon receipt of notice of charges. Charges unpaid twenty (20) days after mailing of notice of charges shall be delinquent and shall be subject to penalty as provided herein together with interest charges at a rate of nine percent (9%) per annum.
3. 
Premium charges, rental fees and applicable fees as defined by the Environmental Protection Agency of the United States of America and as collected by the City pertaining to charges for service outside sewer districts shall be placed in a special account to be established to provide debt service for sanitary sewers.
4. 
All fees and charges payable herein shall be set and adjusted, if necessary, by the Chillicothe Municipal Utilities Board of Public Works. All such fees and charges shall be subject to inspection and filed for record with the Chillicothe Municipal Utilities.
E. 
Inspections. The General Manager or City Sewer Inspector shall be permitted to enter properties at any reasonable time for the purposes of inspection, observation, measurement and sampling of the wastewater discharge to ensure that the discharge to the POTW is in accordance with the provisions of this Chapter.
F. 
Vandalism. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the POTW.
G. 
Confidential Information.
1. 
Any information submitted pursuant to this Chapter may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission by stamping the words "confidential business information" on each page containing such information.
2. 
If no claim of confidentiality is made at the time of submission, the General Manager may make the information available to the public without further notice.
3. 
Upon arrival of the General Manager, such portions of a report claimed as "confidential business information" and which might disclose trade secrets, secret processes or methods of production 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, the POTW NPDES permit and/or the Pretreatment Program; provided such portions of a report shall be available for use by the City, the State or any Federal agency in judicial or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
H. 
Falsifying Information. No person shall knowingly make any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Chapter, nor falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this Chapter.

Section 715.020 Abbreviations and Definitions.

[CC 1999 §28-118; Ord. 97-9, 1-28-97; Ord. No. 2002-141 §1, 10-14-2002]
A. 
Abbreviations. The following abbreviations, when used in this Chapter, shall have the designated meanings:
BOD
Biochemical Oxygen Demand
CFR
Code of Federal Regulations
COD
Chemical Oxygen Demand
EPA
U.S. Environmental Protection Agency
gpd
gallons per day
mg/l
milligrams per liter
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly Owned Treatment Works
RCRA
Resource Conservation and Recovery Act
SIC
Standard Industrial Classification
TSS
Total Suspended Solids
U.S.C.
United States Code
B. 
Definitions. 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. Sections 1251 et seq.
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 operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000.00) (in second (2nd) quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. 
If the use 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 another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the City.
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).
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) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 — 471.
CITY
The City of Chillicothe, Missouri, a municipal corporation, acting by and through the City Council and the Board of Public Works together with their officers, agents and employees.
ENVIRONMENTAL PROTECTION AGENCY OR 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 source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
GENERAL MANAGER
The person designated by the City to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this Chapter or a duly authorized representative.
GRAB SAMPLE
A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
INDIRECT DISCHARGE OR DISCHARGE
The introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act.
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 composited 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 other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder or any more stringent State or local regulations; 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, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
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 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 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 of 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 next 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 Item 1 above but otherwise alters, replaces or adds to the 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 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-CONTRACT COOLING WATER
Water used for cooling which 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, 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. 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.
PRETREATMENT STANDARDS OR STANDARDS
Prohibited discharge standards, categorical pretreatment standards and local limits.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES
Absolute prohibitions against the discharge of certain substances as listed in this Chapter.
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 City. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
Human excrement and gray water (household showers, dishwashing operations, etc.).
SIGNIFICANT INDUSTRIAL USER
1. 
A user subject to categorical pretreatment standards; or
2. 
A 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 blow down wastewater);
b. 
Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c. 
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.
3. 
Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violation of 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 procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SLUDGE LOAM OR SLUDGE
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharged standards as listed in this Chapter.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
STORM WATER
Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snow melt.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid and which is removable by laboratory filtering.
USER OR INDUSTRIAL USER
A source of indirect discharge.
WASTEWATER
Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT
That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

Section 715.030 Use of Public Sewers Required.

[CC 1999 §28-119; Ord. No. 97-9, 1-28-1997]
A. 
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 Chillicothe, or in any area under the jurisdiction of said City, any human or animal excrement, garbage or other objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet within the City of Chillicothe, 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 Chapter.
C. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, a privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage.
D. 
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 now 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 therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Chapter 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 lines.

Section 715.040 Private Sewage Disposal.

[CC 1999 §28-120; Ord. No. 2002-141 §1, 10-14-2002]
A. 
Where a public sanitary or combined sewer is not available under the provisions of Section 715.030(D), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Chapter.
B. 
Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the General Manager. 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 General Manager. A permit and inspection fee shall be paid 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 General Manager. 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 General Manager when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within seventy-two (72) hours of the receipt of notice by the General Manager.
D. 
The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Missouri. 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 three (3) acres. 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 herein, a direct connection shall be made to the public sewer in compliance with this Chapter and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
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 Chapter shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
H. 
When a public sewer becomes available, the building sewer shall be connected to said sewer within ninety (90) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

Section 715.050 Building Sewers and Connections.

[CC 1999 §28-121; Ord. No. 97-58, 5-12-1997]
A. 
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 General Manager. This permit shall be obtained from the Municipal Utilities office.
B. 
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 General Manager. A permit and inspection fee of fifty dollars ($50.00) for a residential, seventy-five dollars ($75.00) for commercial building and three hundred dollars ($300.00) for industrial building sewer permit shall be paid to the City at the time the application is filed.
C. 
All costs and expense 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.
D. 
A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
E. 
Old building sewers may be used in connection with new buildings only when they are located by the contractor, tested and examined at the contractor's expense. All testing and examination will be overseen by the Municipal Utilities and approved by the General Manager.
F. 
The size, slope, alignment, materials of construction of a building sewer and the methods to be used in the excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
G. 
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.
H. 
No person shall make connection of roof downspouts, 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.
I. 
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the City or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas-tight and water-tight. Any deviation from the prescribed procedure and materials must be approved by the General Manager before installation.
J. 
The applicant for the building sewer permit shall notify the General Manager when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the General Manager or his/her representative.
K. 
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.
L. 
Connections to the public sewer may be made by a licensed plumbing contractor for a fee which will be determined by the size of the tap. The municipal utility employees will oversee tapping installation. All excavation, backfilling and tamping in preparation for the tap and all repairs to the street shall be done by the applicant. The City sewer inspector shall be notified that this service is desired at least twenty-four (24) hours in advance.

Section 715.060 General Sewer Use Requirements.

[CC 1999 §28-122; Ord. No. 97-9, 1-28-1997]
A. 
Prohibited Discharge Standards.
1. 
General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, State or local pretreatment standards or requirements.
2. 
Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:
a. 
Pollutants which create a fire or explosive hazard in the POTW including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) (sixty degrees Centigrade (60°C)) using the test methods specified in 40 CFR 261.21;
b. 
Wastewater having a pH less than five and one-half (5.5) or otherwise causing corrosive structural damage to the POTW or equipment;
c. 
Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference;
d. 
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
e. 
Wastewater having a temperature greater than one hundred fifty degrees Fahrenheit (150°F) (sixty-five degrees Centigrade (65°C)) or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees Fahrenheit (104°F) (forty degrees Centigrade (40°C));
f. 
Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through;
g. 
Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
h. 
Trucked or hauled pollutants, except at discharge points designated by the General Manager in accordance with this Chapter;
i. 
Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life or to prevent entry into the sewers for maintenance or repair;
j. 
Wastewater which imparts color which cannot be removed by the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit;
k. 
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;
l. 
Storm water, surface water, ground water, artisan well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water and unpolluted wastewater, unless specifically authorized by the General Manager;
m. 
Sludges, screenings or other residues from the pretreatment of industrial wastes;
n. 
Medical wastes, except as specifically authorized by General Manager in a wastewater discharge permit;
o. 
Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;
p. 
Detergents, surface-active agents or other substances which may cause excessive foaming in the POTW;
q. 
Fats, oils or greases of animal or vegetable origin in concentrations greater than one hundred (100) mg/l.
Pollutants, substances or wastewater prohibited by this Section shall not be processed or stored in such a manner that they could be discharged to the POTW.
B. 
National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 — 471 are hereby incorporated as if more fully stated herein.
1. 
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the General Manager may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
2. 
When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the General Manager shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).
3. 
A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
4. 
A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
C. 
State Pretreatment Standards. Pretreatment standards presently in effect by Revised Statutes of Missouri are hereby incorporated by reference.
D. 
Local Limits. The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits:
0.5 mg/l arsenic
0.1 mg/l benzene
0.1 mg/l beryllium
400 mg/l BOD5
1 mg/l cadmium
7 mg/l chromium (total)
4 mg/l copper
0.5 mg/l cyanide
1 mg/l lead
.1 mg/l mercury
7 mg/l nickel
100 mg/l oil and grease
0.1 mg/l selenium
0.3 mg/l silver
0.1 mg/l total phenols
400 mg/l total suspended solids
15 mg/l zinc
The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. The General Manager may impose mass limitations in addition to, or in place of, the concentration-based limitations above.
E. 
City's Right To Revision. The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.
F. 
Dilution. No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The General Manager 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 715.070 Publication of Users in Significant Non-Compliance.

[CC 1999 §28-123; Ord. No. 97-9, 1-28-1997]
A. 
The General Manager shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant non-compliance with applicable pretreatment standards and requirements. The terms "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 the 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 violation that the General Manager 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 General Manager'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 General Manager determines will adversely affect the operation or implementation of the local pretreatment program.

Section 715.080 Accidental Discharge.

[CC 1999 §28-124; Ord. No. 97-9, 1-28-1997]
A. 
Each industrial user shall provide protection from accidental discharge of substances regulated by this Chapter or other toxic pollutants. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user's own cost and expense. The General Manager may require that detailed plans showing facilities and operating procedures to provide this protection be submitted to the City for review and be approved by the City before construction of the facility. Review and approval of such plans shall not relieve the industrial user from the responsibility to modify the facility as necessary to meet the requirements of these rules.
B. 
In the case of an accidental discharge, it is the responsibility of the industrial user to immediately telephone and notify the General Manager of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.
C. 
Within five (5) days following an accidental discharge, the industrial user shall submit to the General Manager a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any liability which may be imposed by this rule or other applicable law resulting from such discharge.
D. 
A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees who to call in the event of an accidental discharge. Employers shall ensure that all employees who may cause, suffer or become aware of such an accidental discharge are advised of the emergency notification procedure.

Section 715.090 Protection From Damage.

[CC 1999 §28-125; Ord. No. 97-9, 1-28-1997]
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to a fine not to exceed two hundred dollars ($200.00) or by a term of imprisonment not to exceed ten (10) days, or by both such fine and imprisonment.

Section 715.100 Pretreatment of Wastewater.

[CC 1999 §28-126; Ord. No. 97-9, 1-28-1997]
A. 
Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in this Chapter herein within the time limitations specified by EPA, the State or the General Manager, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the General Manager for review and shall be acceptable to the General Manager before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Chapter.
B. 
Optional Additional Pretreatment Measures.
1. 
Whenever deemed necessary, the General Manager may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this Chapter.
2. 
The General Manager may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
3. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the General Manager, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand, except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by General Manager and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at their expense.
4. 
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
C. 
Accidental Discharge/Sludge Control Plans. At least once every two (2) years, the General Manager shall determine whether each significant industrial user needs an accidental discharge/sludge control plan. The General Manager may require any user to develop, submit for approval and implement such a plan. Alternatively, the General Manager may develop such a plan for any user. An accidental discharge/sludge control plan shall address, at a minimum, the following:
1. 
Description of discharge practices, including non-routine batch discharges;
2. 
Description of stored chemicals;
3. 
Procedures for immediately notifying the General Manager of any accidental or sludge discharge as required by this Chapter; and
4. 
Procedures to prevent adverse impact from any accidental or sludge 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.
5. 
Hauled wastewater.
a. 
Septic tank waste may be introduced into the POTW only at locations designated by the General Manager and at such times as are established by the General Manager. Such waste shall not violate this Chapter or any other requirements established by the City. The General Manager may require septic tank waste haulers to obtain wastewater discharge permits.
b. 
The General Manager shall require haulers of industrial waste to obtain wastewater discharge permits. The General Manager may require generators of hauled industrial waste to obtain wastewater discharge permits. The General Manager also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this Chapter.
c. 
Industrial waste haulers may discharge loads only at locations designated by the General Manager. No load may be discharged without prior consent of the General Manager. The General Manager may collect samples of each hauled load to ensure compliance with applicable standards. The General Manager 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-tracing form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents and whether any wastes are RCRA hazardous wastes.

Section 715.110 Wastewater Discharge Permit Application.

[CC 1999 §28-127; Ord. No. 97-9, 1-28-1997]
A. 
Wastewater Analysis. When requested by the General Manager, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The General Manager is authorized to prepare a form for this purpose and may periodically require users to update this information.
B. 
Wastewater Discharge Permit Requirement.
1. 
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the General Manager, except that a significant industrial user that has filed a timely application pursuant to this Chapter may continue to discharge for the time period specified therein.
2. 
The General Manager may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this Chapter.
3. 
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of an ordinance and subjects the wastewater discharge permittee to the sanctions set out in this Chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State and local law.
C. 
Wastewater Discharge Permitting — Existing Connections. Any user to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Chapter and who wishes to continue such discharges in the future shall, within fifteen (15) days after said date, apply to the General Manager for a wastewater discharge permit in accordance with Subsection (E) of this Section and shall not cause or allow discharges to the POTW to continue after thirty (30) days of the effective date of this Section except in accordance with a wastewater discharge permit issued by the General Manager.
D. 
Wastewater Discharge Permitting — New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Subsection (E) below of this Section, must be filed at least fifteen (15) days prior to the date upon which any discharge will begin or recommence.
E. 
Wastewater Discharge Permit Application Contents. All users are required to obtain a wastewater discharge permit application. The General Manager may require all users to submit as part of an application the following information:
1. 
All information required by Section 715.130 of this Chapter;
2. 
Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the POTW;
3. 
Number and type of employees, hours of operation and proposed or actual hours of operation;
4. 
Each product produced by type, amount, process or processes and rate of production;
5. 
Type and amount of raw materials processed (average and maximum per day);
6. 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation and all points of discharge;
7. 
Time and duration of discharges; and
8. 
Any other information as may be deemed necessary by the General Manager to evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
F. 
Application Signatories And Certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification 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, 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."
G. 
Wastewater Discharge Permit Decisions. The General Manager will evaluate the data furnished by the user and may require additional information. Within fifteen (15) days of receipt of a complete wastewater discharge permit application, the General Manager will determine whether or not to issue a wastewater discharge permit. The General Manager may deny any application for a wastewater discharge permit.

Section 715.120 Wastewater Discharge Permit Issuance Process.

[CC 1999 §28-128; Ord. No. 97-9, 1-28-1997]
A. 
Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the General Manager. Each wastewater discharge permit will indicate a specific date upon which it will expire.
B. 
Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the General Manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal and protect against damage to the POTW.
1. 
Wastewater discharge permits must contain:
a. 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;
b. 
A statement that the wastewater discharge permit is non-transferable without prior notification to the City in accordance with this Article and provisions for furnishing the new owner or operation with a copy of the existing wastewater discharge permit;
c. 
Effluent limits based on applicable pretreatment standards;
d. 
Self monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on Federal, State and local law; and
e. 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State or local law.
2. 
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
a. 
Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;
b. 
Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works;
c. 
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or non-routine discharges;
d. 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
e. 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
f. 
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
g. 
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
h. 
Other conditions as deemed appropriate by the General Manager to ensure compliance with State and Federal laws, rules and regulations.
C. 
Wastewater Discharge Permit Appeals. The General Manager shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the General Manager to reconsider the terms of a wastewater discharge permit within fifteen (15) days of notice of its issuance.
1. 
Failure to submit to a timely petition for review shall be deemed to be a waiver of the administrative appeal.
2. 
In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
3. 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
4. 
If the General Manager fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
5. 
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Circuit Court of Livingston County, Missouri, within thirty (30) days of the effective date of the denial or set forth herein.
D. 
Wastewater Discharge Permit Modification. The General Manager 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 wastewater discharge permit issuance;
3. 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
4. 
Information indicating that the permitted 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 correct typographical or other errors in the wastewater discharge permit; or
9. 
To reflect a transfer of the facility ownership or operation to a new owner or operator.
E. 
Wastewater Discharge Permit Transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days' advance notice to the General Manager and the General Manager approves the wastewater discharge permit transfer. The notice to the General Manager 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 facility's 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 wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
F. 
Wastewater Discharge Permit Revocation. The General Manager may revoke a wastewater discharge permit for good cause including, but not limited to, the following reasons:
1. 
Failure to notify the General Manager of significant changes to the wastewater prior to the changed discharge;
2. 
Failure to provide prior notification to the General Manager of changed conditions pursuant to this Chapter;
3. 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
4. 
Falsifying self-monitoring reports;
5. 
Tampering with monitoring equipment;
6. 
Refusing to allow the General Manager timely access to the facility premises and records;
7. 
Failure to meet effluent limitations;
8. 
Failure to pay fines;
9. 
Failure to pay sewer charges;
10. 
Failure to meet compliance schedules;
11. 
Failure to complete a wastewater survey or the wastewater discharge permit application;
12. 
Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
13. 
Violation of any pretreatment standard or requirement or any terms of the wastewater discharge permit of this Section.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
G. 
Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with this Section, a minimum of sixty (60) days prior to the expiration of the user's existing wastewater discharge permit.
H. 
Regulation Of Waste Received From Other Jurisdictions.
1. 
If another municipality, or user located within another municipality, contributes wastewater to the POTW, the General Manager shall enter into an intermunicipal agreement with the contributing municipality.
2. 
Prior to entering into an agreement required by Subsection (H)(1) above, the General Manager shall request the following information from the contributing municipality:
a. 
A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
b. 
An inventory of all users located within the contributing municipality that are discharging to the POTW; and
c. 
Such other information as the General Manager may deem necessary.
3. 
An intermunicipal agreement, as required by Subsection (H)(1) above, shall contain the following conditions:
a. 
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Section and local limits which are at least as stringent as those set out in Section 715.060(D);
b. 
A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
c. 
A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling and enforcement, will be conducted by the contributing municipality, which of these activities will be conducted by the General Manager, and which of these activities will be conducted jointly by the contributing municipality and the General Manager;
d. 
A requirement for the contributing municipality to provide the General Manager with access to all information that the contributing municipality obtains as part of its pretreatment activities;
e. 
Limits on the nature, quality and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
f. 
Requirements for monitoring the contributing municipality's discharge;
g. 
A provision ensuring the General Manager access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling and any other duties deemed necessary by the General Manager; and
h. 
A provision specifying remedies available for breach of the terms of the intermunicipal agreement.

Section 715.130 Reporting Requirements.

[CC 1999 §28-129; Ord. No. 97-9, 1-28-1997]
A. 
Baseline Monitoring Reports.
1. 
Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the General Manager a report which contains the information listed in Subsection (A)(2), below. At least ninety (90) days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the General Manager a report which contains the information listed in Subsection (A)(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
2. 
Users described above shall submit the information set forth below.
a. 
Identifying information. The name and address of the facility, including the name of the operator and 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 such user. This description should include a schematic process diagram which indicates points of discharge to 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 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 General Manager, of 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 this Chapter.
(3) 
Sampling must be performed in accordance with procedures set out in this Chapter.
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 not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements set out in this Chapter.
h. 
Signature and certification. All baseline monitoring reports must be signed and certified in accordance with this Chapter.
B. 
Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by this Chapter:
1. 
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction and beginning and conducting routine operation);
2. 
No increment referred to above shall exceed nine (9) months;
3. 
The user shall submit a progress report to the General Manager no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the user to return to the established schedule; and
4. 
In no event shall more than nine (9) months elapse between such progress reports to the General Manager.
C. 
Reports On Compliance With Categorical Pretreatment Standard Deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the General Manager a report containing the information described in this Chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with this Chapter.
D. 
Periodic Compliance Reports.
1. 
All significant industrial users shall, at a frequency determined by the General Manager but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with this Chapter.
2. 
All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
3. 
If a user subject to the reporting requirement in this Section monitors any pollutant more frequently than required by the General Manager using the procedures prescribed in this Chapter, the results of this monitoring shall be included in the report.
E. 
Reports Of Changed Conditions. Each user must notify the General Manager of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least thirty (30) days before the change.
1. 
The General Manager may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under this Chapter.
2. 
The General Manager may issue a wastewater discharge permit under this Chapter or modify an existing wastewater discharge permit under this Chapter in response to changed conditions or anticipated changed conditions.
3. 
For purposes of this 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.
F. 
Reports Of Potential Problems.
1. 
In the case of any discharge including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge or a sludge loam, that may cause potential problems for the POTW, the user shall immediately telephone and notify the General Manager of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
2. 
Within five (5) days following such discharge, the user shall, unless waived by the General Manager, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expenses, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this Chapter.
3. 
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection (F)(1) above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
G. 
Reports From Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the General Manager as the General Manager may require.
H. 
Notice Of Violation/Repeat Sampling And Reporting. If sampling performed by a user indicates a violation, the user must notify the General Manager 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 General Manager within thirty (30) days after becoming aware of the violation. The user is not required to resample if the General Manager monitors at the user's facility at least once a month, of if the General Manager samples between the user's initial sampling and when the user receives the results of this sampling.
I. 
Notification Of The Discharge Of Hazardous Waste.
1. 
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under this Chapter. The notification requirement in this Section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of this Chapter.
2. 
Dischargers are exempt from the requirements of Subsection (I)(1) above during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
3. 
In the case of any new regulations under Sections 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the General Manager, the EPA Regional Waste Management Waste Division Director and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
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 otherwise permitted to be discharged by this Chapter, a permit issued thereunder or any applicable Federal or State law.
J. 
Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
K. 
Sample Collection.
1. 
Except as indicated in Subsection (K)(2) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the General Manager 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 instantaneous discharge limits.
2. 
Samples of oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.
L. 
Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
M. 
Record Keeping. Users subject to the reporting requirements of this Chapter shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this Chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples, the dates analyses were performed, who performed the analyses, the analytical techniques or methods used and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City or where the user has been specifically notified of a longer retention period by the General Manager.

Section 715.140 Compliance Monitoring.

[CC 1999 §28-130; Ord. No. 97-9, 1-28-1997]
A. 
Right Of Entry — Inspection And Sampling. The General Manager shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the General Manager ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties.
1. 
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the General Manager will be permitted to enter without delay for the purposes of performing specific responsibilities.
2. 
The General Manager shall have the right to set up on the user's property or require installation of such devices as are necessary to conduct sampling and/or metering of the user's operations.
3. 
The General Manager may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least once each six (6) months to ensure their accuracy.
4. 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the General Manager and shall not be replaced. The costs of clearing such access shall be born by the user.
5. 
Unreasonable delays in allowing the General Manager access to the user's premises shall be a violation of this Chapter.
B. 
Search Warrants. If the General Manager has been refused access to a building, structure or property or any part thereof and is able to demonstrate probable cause to believe that there may be a violation of this Section or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Section or any permit or order issued hereunder or to protect the overall public health, safety and welfare of the community, then the General Manager may seek issuance of a search warrant from the Livingston County Circuit Court.

Section 715.150 Powers and Authority of Inspectors.

[CC 1999 §28-131; Ord. No. 97-9, 1-28-1997]
A. 
The General Manager and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Section. The General Manager 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 or waterways or facilities for waste treatment.
B. 
While performing the necessary work on private properties referred to herein, the General Manager or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company.
C. 
The General Manager 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 purpose 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.
D. 
It shall be the duty of the City Sewer Inspector to inspect each service lateral before any connection is made to the sewerage system and to require that all defects or unsatisfactory construction features be corrected before permitting the connection to be made. The City Sewer Inspector shall be present at the time the connection is made and it shall be the responsibility of the owner or his/her representatives to notify him/her in advance of the time and place where the connection will be made.
E. 
The City Sewer Inspector shall make an inspection of the method of disposing of roof and other storm water drainage from each house which is connected to the sanitary sewers of the City of Chillicothe within ninety (90) days after the passage and approval of this Chapter and as frequently thereafter as is necessary to secure compliance with this Chapter. Following each inspection, the City Sewer Inspector shall submit a list of all property owners whose property or properties have connections in violation of this Chapter to the City Clerk. Written notification of any violation of this Chapter shall then be given by municipal utilities to the owner or owners of the property upon which the violation occurs. If the provisions of this Chapter have not been complied with within the period of thirty (30) days following date of notice of violation, the City shall have the right to make, or have made, such alterations as are deemed necessary by the City Sewer Inspector to meet the requirements of this Chapter and all costs thereof shall be provided for and defrayed by a special tax bill to be assessed in favor of the City against the property on which said improvements are made and such special tax shall become a lien on said property.

Section 715.160 Penalties.

[CC 1999 §28-132; Ord. No. 97-9, 1-28-1997; Ord. No. 97-58, 5-12-1997]
A. 
Any person found to be violating any provision of this Chapter shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. A plan for the satisfactory correction of the violation shall be submitted to the department within a time limit specified by the General Manager. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for herein shall be guilty of a violation of an ordinance and on conviction thereof shall be fined in the amount not exceeding five hundred dollars ($500.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C. 
Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss or damage occasioned by the City by reason of such violation.
D. 
Notwithstanding the procedures established in these rules, in the event of an actual or threatened discharge to the sewage works which, in the opinion of the General Manager, presents or may present an imminent and substantial endangerment to life, safety or sewerage system operation or integrity, the General Manager may temporarily terminate such service as is necessary to avoid or abate such condition. Service shall be restored as soon as the emergency situation has been corrected.
E. 
In case of repeated violations, the General Manager may revoke the permit for the discharge of wastes into the sewage works and affect the discontinuation of water or sewage service, or both, following notice to the permittee of not less than ten (10) days providing an opportunity for said permittee to request a hearing before the City Council with respect to said revocation. The hearing shall be set within a reasonable time after receipt of the hearing request from the permittee. Following the hearing the City Council shall promptly announce its decision and provide a copy to the permittee.
F. 
Either as an alternative to any procedure established in this Chapter or as an enforcement action thereunder, the General Manager may seek injunctive relief for non-compliance with any provision of this Chapter.
G. 
Any person who knowingly makes a false statement or representation in any record, report, plan or other document filed with the General Manager or falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Chapter shall be guilty of a violation of an ordinance and on conviction thereof shall be fined in an amount not to exceed two hundred dollars ($200.00) for each said act.
H. 
The City may pursue all available remedies to collect from persons violating the provisions of this Chapter any expense incurred by the City as a result of such violation.
I. 
When the General Manager finds that a user has violated or continues to violate any provision of this Chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the General Manager may petition the Livingston County Circuit 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 Chapter on activities of the user. The General Manager 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.
J. 
Civil Penalty.
1. 
A user who has violated or continues to violate any provision of this Chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of two hundred dollars ($200.00) per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
2. 
The General Manager may recover reasonable attorney's fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
3. 
In determining the amount of civil liability, the court shall take into account all relevant circumstances including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user and any other factor as justice requires.
4. 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
K. 
Willful Or Negligent Violation Of This Chapter.
1. 
A user who willfully or negligently violates any provision of this Chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement shall, upon conviction, be guilty of a violation of an ordinance punishable by a fine and imprisonment as provided by law.
2. 
A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a violation of an ordinance and be subject to a penalty as provided by State law or be subject to imprisonment as provided by State law, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
3. 
A user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed or required to be maintained pursuant to this Chapter, wastewater discharge permit or order issued hereunder or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Chapter shall, upon conviction, be punished by a fine and imprisonment as provided by State law.
4. 
In the event of a second (2nd) conviction, a user shall be punished by a fine or imprisonment as provided by State law.
L. 
The General Manager may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Chapter, a previous wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the General Manager to be necessary to achieve consistent compliance.
M. 
The General Manager may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Chapter, a previous wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
N. 
Whenever a user has violated or continues to violate any provision of this Chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

Section 715.170 Enforcement.

[CC 1999 §28-133; Ord. No. 97-9, 1-28-1997]
A. 
Warrants. If an official who has a duty to perform under this Code has been refused access to a building, structure or property or any part thereof and if such official has probable cause to believe that there may be a violation of this Code or that there is a need to inspect as part of a routine inspection program of the City designed to protect the overall public health, safety and welfare of the community, then upon application by the City Attorney to the Municipal Court Judge and a showing of the above, the Livingston County Associate Circuit Court, Municipal Division, shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours and only by an official of the department in the company of a uniformed Police Officer of the City of Chillicothe.
B. 
Emergencies.
1. 
When the General Manager finds that an emergency exists, he/she shall require the violator to immediately cause the violations to be abated or corrected. In the event the violator cannot be contacted within a reasonable time or fails or refuses to abate or correct the violation, the General Manager may abate or correct the same.
2. 
When the General Manager has abated or corrected any violation as above, he/she shall certify the costs thereof to the City Treasurer, 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 abatement or correction. Violation may also result in denial or revocation of a permit to contribute to the POTW herein. Costs shall include all costs attributable to such abatement or correction, including the wages and salaries of City employees for their time directly attributable to the abatement or correction.
C. 
Responsibility. Any person who shall occupy the user's premises as a tenant under any rental or lease agreement shall be jointly and severally responsible for compliance with the provisions of this Chapter in the same manner as the owner.