[R.O. 1993 § 705.010]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Chapter shall be as follows:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
BOD (denoting biochemical oxygen demand)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under the standard laboratory procedure in five
(5) days at twenty degrees (20°) centigrade, expressed in milligrams
per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drain system
which receives the discharge from soil, waste, and other drainage
pipe inside the walls of the inner face of the building walls.
BUILDING SEWER
The extension from the building drain to the public sewer
or other place of disposal.
CITY
The City of Charleston, or the City Council of Charleston,
Missouri.
COMMERCIAL OR INDUSTRIAL ESTABLISHMENT
Any building, structure or property used or occupied for
any purpose other than human residential occupancy, except such building,
structure or property used or occupied for any purpose defined in
the term "governmental establishment."
COOLING WATER
The water discharged from any system of condensation, air-conditioning,
cooling, refrigeration or similar system. Such water shall be free
from odor or oil and shall contain no polluting substance which would
produce BOD or suspend solids in excess of ten (10) milligrams per
liter.
DRAINAGE CHANNEL
Any artificial constructed open channel ditch, swale or flume,
whether lined, for the drainage of stormwater, surface water or groundwater.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of produce.
GOVERNMENTAL ESTABLISHMENT
Any building, structure or property owned, used or occupied
by any agency, branch, bureau, commission, department, division, office,
unit or instrumentality of the Government of the United States or
the State, or of any municipality or any County or any other political
subdivision or political corporation of any kind whatsoever.
INDIRECT DISCHARGE
The discharge or the introduction of non-domestic pollutants
from any source regulated under Section 307(b) or (c) of the Act,
(33 U.S.C. § 1317), into the POTW (including holding tank
waste discharged into the system).
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes,
trade, or business as distinct from sanitary sewage.
INTERFERENCE
The inhibition or disruption of the POTW treatment processes
or operations which contributes to a violation of any requirement
of the City's NPDES permit. The term includes prevention of sewage
sludge use or disposal by the POTW in accordance with Section 405
of the Act, (33 U.S.C. § 1345) or any criteria, guidelines,
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act, the Toxic Substances Control Act, or more
stringent State criteria (including those contained in any State sludge
management plan prepare pursuant to Title IV of SWDA) applicable to
the method of disposal or use employed by the POTW.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or groundwater.
PERSON or USE
Any individual, firm, company, association, society, corporation,
or group
pH
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
POLLUTED WATER OR WASTE
Any water or waste containing free or emulsified grease or
oil, acid or alkali; phenols or other substances imparting wastes
or odors in receiving waters; toxic or poisonous substances in suspension,
colloidal state or solution; noxious or odorous gasses; dissolved
solids in greater concentration than ten thousand (10,000) milligrams
per liter; BOD of suspended solids in concentration greater than ten
(10) milligrams per liter; or color in excess of fifty (50) units.
POTW
Shall also include any sewers that convey wastewaters to
the POTW from persons outside the City who are, by contract or agreement
with the City, users of the City's POTW.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than one-half (1/2) inch
(1.27 centimeters) in any dimension.
PUBLIC SEWER
Any sewer provided by or subject to regulation by the City.
It shall include all sewers within or outside the corporate boundaries
of the City that serve one or more residential, commercial or industrial
or governmental establishments if such sewer ultimately discharges
into any portion of the City sewerage system, even though the sewers
may not have been constructed or may not be maintained by the City.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act, (33
U.S.C. § 1922) which is owned in this instance by the City.
This definition includes any sewers that convey wastewater to the
POTW treatment plant, but does not include pipes, sewers or other
conveyances not connected to a facility providing treatment.
PUBLIC WORKS DIRECTOR
The Public Works Director of Sewage Works and/or of Water
Pollution Control of the City of Charleston, Mississippi County, Missouri,
or his/her authorized deputy, agent, or representative.
RESIDENTIAL ESTABLISHMENT
Any building, structure or property designed, constructed
or used for human residential occupancy on a housekeeping or light
housekeeping basis, except such building, structure or property used
or occupied for any purpose defined in the term "governmental establishment."
Each dwelling unit in a multifamily structure shall be deemed to be
a residential establishment.
SANITARY SEWERS
A sewer which carries sewage and to which stormwaters, surface
waters and groundwaters are not intentionally admitted.
SEWAGE
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.
SEWAGE TREATMENT
Any arrangement of devices or structures used for treating
sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing
of sewage.
SEWER
A pipe or conduit used for the conveyance of sewage or any
other waste liquids, including stormwater, surface water and groundwater
drainage.
SEWERAGE SYSTEM
The system of sewers and all appurtenances of the collection,
conveyance, pumping, treating and disposition of sewage and industrial
wastes.
SHALL
Is mandatory; "may" is permissive.
SIGNIFICANT USER
Any industrial user of the City's wastewater disposal system
who:
1.
Has a discharge flow of twenty-five thousand (25,000) gallons
or more per average work day;
2.
Has a flow greater than five percent (5%) of the flow in the
City's wastewater treatment system;
3.
Has in its wastes toxic pollutants as defined pursuant to Section
307 of the Act or Missouri Statutes and rules; or,
4.
If found by the City, Missouri Department of Natural Resources
or the United States Environmental Protection Agency (EPA) to have
significant impact, either singly or in combination with other contributing
industries, on the wastewater treatment system, the quality of sludge,
the system's effluent quality, or air emissions generated by the system.
SLUG
A discharge which has a flow rate or contains a concentration
of pollutants that exceed, for any time period greater than fifteen
(15) minutes, more than five (5) times the average twenty-four (24)
hour flow of concentration during normal operation.
STORMWATER
Any water resulting from precipitation mixed with the accumulation
of dirt, soil and other debris or substances collected from the surfaces
on which such precipitation falls or flows.
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension
of water, sewage, or other liquids, and which are removable by laboratory
filtering.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provisions of CWA 307(a) or other Acts.
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.
[R.O. 1993 § 705.020]
The following abbreviations shall have the designated meanings:
BOD
|
-
|
Biochemical oxygen demand
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CFR
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-
|
Code of Federal Regulations
|
COD
|
-
|
Chemical oxygen demand
|
EPA
|
-
|
Environmental Protection Agency
|
l
|
-
|
Liter
|
mg
|
-
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Milligrams
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mg/l
|
-
|
Milligrams per liter
|
NPDES
|
-
|
National pollutant discharge elimination system
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POTW
|
-
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Publicly owned treatment works
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SIC
|
-
|
Standard Industrial Classification
|
SWDA
|
-
|
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
|
USC
|
-
|
United States Code
|
TSS
|
-
|
Total suspended solids
|
[R.O. 1993 § 705.030]
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 Charleston, or in any area under the jurisdiction
of said City, any human or animal excrement, garbage, or other objectionable
waste.
[R.O. 1993 § 705.040]
It shall be unlawful to discharge to any natural outlet within
the City of Charleston, 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.
[R.O. 1993 § 705.050]
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, or other
facility intended or used for the disposal of sewage.
[R.O. 1993 § 705.060]
The owner of all houses, buildings, or properties used for human
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 (30.5 meters) of the property line.
When water service has been terminated by the City due to non-payment
by a customer, and when said non-payment continues for sixty (60)
calendar days from the date of service termination, or anytime the
City finds water service being used by a resident or business where
a water account has not been officially opened with the City and appropriate
deposits made, the City, at its discretion, may terminate sewer service
by cutting and capping the sewer line to the customer and placing
a notice of said action on the door of customer's residence or business.
Sewer service will be restored to customer upon payment of all fees
due to the City, including penalties and late fees, plus payment of
an additional fee for sewer service restoration in an amount equal
to City's cost for terminating and restoring said sewer service. If
full payment has not been made by customer and sewer service restored
within sixty (60) days following termination of sewer service, the
lack of sewer service may be deemed to be a public health hazard and
a public nuisance by City and appropriate actions taken by City to
abate same.
[R.O. 1993 § 705.070]
The Public Works Director 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 Chapter. The Public Works Director or his/her representative
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 relation to any source of
discharge to the sewers or waterways or facilities for waste treatment.
[R.O. 1993 § 705.080]
While performing the necessary work on private properties referred
to in this Article, the Public Works Director or his/her duly authorized
employees of the City shall observe all safety rules applicable to
the premises established by the company and the City shall be held
harmless for injury or death to the City employees and the City shall
indemnify the company against loss or damage to its property by City
employees and against liability claims and demands for personal injury
or property damage asserted against the company and growing out of
the gauging and sampling operation, except as such may be caused by
negligence or failure of the company to maintain safe conditions.
[R.O. 1993 § 705.090]
The Public Works Director 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, observations, 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.
[R.O. 1993 § 705.100]
No unauthorized person shall maliciously, willfully, negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of Section
210.1040 of the City Code.
[R.O. 1993 § 705.110]
Any person found to be violating any provision of this Chapter except Article
VI, Building Sewers, 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. The offender shall, within the period of time stated in such notice, permanently cease all violations.
[R.O. 1993 § 705.120]
Any person who shall continue any violation beyond the time limit provided for in Section
705.110 and Article
VI, shall be guilty of an ordinance violation. Each twenty-four-hour period in which any such violation shall continue shall be deemed a separate offense.
[R.O. 1993 § 705.130]
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.
[R.O. 1993 § 705.140]
The City Manager shall make and enforce all rules and regulations
as may be deemed necessary for the safe, economical and efficient
management, operation and protection of the City's sewerage system,
for the construction and use of private sewer laterals and connections
to the sewerage system, and for the regulation and collection of charges
for sewer services.