[R.O. 2012 §705.010; CC 1979 §26-1; Ord. No. A-2692 §1, 3-11-1969; Ord.
No. A-4064 §1, 6-21-1979; Ord. No. A-5270 §§1
— 2, 7-10-1990; Ord. No. A-5734 §I, 6-18-1993; Ord.
No. A-5751 §1, 8-2-1993; Ord. No. 8321, 10-20-2014]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended 33 U.S.C. § 1251 et seq.
The Chief Administrative Officer of a State or Interstate
Water Pollution Control Agency with an NPDS permit program approved
pursuant to Section 402(b) of the Act and an approved State pretreatment
program.
The State of Missouri (Department of Natural Resources).
If the user is a corporation:
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
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility, including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
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 his or her designee.
The individuals described in Subsections (1) through (3), above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the City.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 705.400. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory conditions in five (5)
days at twenty degrees Centigrade (20°C) expressed in parts per
million by weight. The test shall not utilize nitrification inhibitor.
That part of the lowest piping of a drainage system which
receives the discharge from soil, waste and other drainage pipes inside
the walls of the building and conveys it to the building sewer beginning
five (5) feet outside the building wall.
The extension from the building drain to the City sewer or
other place of disposal.
An industrial user subject to a 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. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
The City of Monett.
A sewer receiving both surface runoff and sewage.
The water-carried wastes from commercial and industrial establishments,
as distinct from sanitary sewage.
The City.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic measurement
of the pollutant concentration derived from all measurements taken
that day.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, the
Regional Administrator, or other duly authorized official of said
agency.
Any source of discharge that is not a new source.
Solid food wastes from the preparation, cooking and disposing
of food, and from the handling, storage and sale of produce.
A sample that is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to Section
402 of the Act (33 U.S.C. § 1342).
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.
A discharge that, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; and therefore, is a cause of a violation of the 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)";[1] 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[2]; the Toxic Substances Control Act[3]; and the Marine Protection, Research, and Sanctuaries
Act.[4]
Specific discharge limits developed and enforced by the City
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act that will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility, or installation is constructed
at a site at which no other source is located; or
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Construction of 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.
Construction of a new source as defined under this definition
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
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
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 (3)(b).
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste produce, or finished
product.
Sewage which contains not over three hundred (300) parts per million of B.O.D. and not over three hundred fifty (350) parts per million of suspended solids, and which does not contain any of the materials or substances listed in Article V of this Chapter in excess of allowable amounts specified in such Article.
All expenditures during the useful life of the treatment
works for materials, labor, utilities, billing, equipment replacement,
and other items which are necessary for managing and maintaining the
sewage works to achieve the capacity and performance for which such
works were designed and constructed.
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.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all Federal, State, and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
The concentration of a material in pounds per million pounds
of water.
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.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 705.400 of this Chapter.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 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.
Any natural watercourse into which water, treatment plant
effluent, combined sewer overflow or stormwater is discharged.
Expenditures for obtaining and installing equipment, accessories,
or appurtenances which are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed. The term "operation and
maintenance" includes replacement.
Those wastes which are comparable to wastes which originate
in residential units and contain only human excrement and wastes from
kitchen, laundry, bathing and other household facilities.
A sewer which carries sanitary sewage and to which stormwaters,
surface waters and groundwaters are not to be intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwaters, surface waters and stormwaters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, transporting, pumping, treating
and disposing of sewage.
A pipe or conduit for carrying sewage.
A significant industrial user is:
An industrial user subject to categorical pretreatment standards;
or
An industrial user that:
Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary, non-contact
cooling and boiler blowdown wastewater);
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
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.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 705.400 of this Chapter. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.
Methods of analysis and testing as outlined in the latest
edition of "Standard Methods for the Examination of Water and Sewage,"
published jointly by the American Public Health Association, the American
Waterworks Association and the Water Pollution Control Federation.
A sewer which carries storm- and surface waters and drainage
but which is not to carry sanitary sewage and polluted industrial
wastes.
The Superintendent of the Utility Department of the City,
or his/her authorized agent or representative.
Solids that either float on the surface or are in suspension
in water, sewage or other liquids and which are largely removable
by standard laboratory methods.
The estimated period during which a treatment works will
be operated.
A source of indirect discharge.
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.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
[R.O. 2012 §705.020; CC 1979 §26-2; Ord. No. A-2692 §35, 3-11-1969]
The Superintendent shall be in charge of and shall be responsible
for the operation and maintenance of the City sewerage system and
shall cooperate with the other officers and representatives of the
City in administering, carrying out and enforcing the provisions of
this Chapter. The Superintendent shall be responsible for causing
to be ascertained the amount of water consumed on all premises receiving
sewerage service from the City's sewerage system and the amount of
all sewerage service charges becoming due under the provisions of
this Chapter, and for causing such charges to be billed to the occupants
and owners of the premises served.
[R.O. 2012 §705.030; CC 1979 §26-3; Ord. No. A-2692 §16, 3-11-1969; Ord.
No. A-4064 §4, 6-21-1979; Ord. No. A-5734 §II, 6-18-1993]
The City shall inspect the facilities of any user to ascertain
whether the purpose of this Chapter is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the City or their representative(s)
ready access at any time to all parts of the premises for the purposes
of inspection, sampling, records examination and reproductions of
records required by this Chapter or the right to set up on the user's
property such devices as are necessary to conduct sampling, inspection,
compliance monitoring and/or metering operations. Where a user has
security measures in force which would require proper identification
and clearance before entry into their premises, the user shall make
necessary arrangements with their security guards so that upon presentation
of suitable identification, control authority personnel will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
[R.O. 2012 §705.040; CC 1979 §26-4; Ord. No. A-2692 §4, 3-11-1969]
It shall be unlawful for any person to place, deposit or permit
to be deposited in an insanitary manner upon public or private property
within the City or in any area under the jurisdiction of the City
any human or animal excrement, garbage or other objectionable waste
required by this Chapter to be discharged into a sanitary sewer.
[R.O. 2012 §705.050; CC 1979 §26-6; Ord. No. A-2692 §20, 3-11-1969]
A.
When
the Superintendent shall find that a violation of this Chapter exists,
he/she may post a notice upon the property where the violation exists
to abate or correct the violation, stating in such notice the time
in which the same is to be done, and shall direct a copy of such notice,
by certified mail, to the owner at his/her last known address; provided,
that if the Superintendent shall find that an emergency exists, he/she
may immediately cause the violation to be abated or corrected. If
such violation is not corrected within the time specified in such
notice, the Superintendent may cause such violation to be abated or
corrected.
B.
Whenever
the Superintendent shall have caused any violation to be abated or
corrected pursuant to this Section, he/she shall certify the costs
thereof to the City Council, and the owner of the property on which
such violation was abated or corrected shall be civilly liable to
the City for the costs of such abatements or correction.
[R.O. 2012 §705.060; CC 1979 §26-7; Ord. No. A-2692 §21, 3-11-1969]
In the event of the continuation of a violation of this Chapter ten (10) days after the notice provided in Section 705.050, the Superintendent may effect the discontinuance of the discharge of sewage from the premises where such violation originated into the City sewers.
[R.O. 2012 §705.070; CC 1979 §26-8; Ord. No. A-2692 §22, 3-11-1969]
Any person violating any of the provisions of this Chapter shall
become civilly liable to the City for any expense, loss or damage
occasioned the City by reason of such violation.
