City of Charleston, MO Sewage Restrictions

Section 705.400 Discharge Of Surface Water.

[R.O. 1993 § 705.400]

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

Section 705.410 Stormwater To Be Discharged To Storm Sewers.

[R.O. 1993 § 705.410]

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the City. Industrial cooling water or unpolluted process waters may be discharged on approval of the City, to a storm sewer, combined sewer or natural outlet.

Section 705.420 Discharge Of Certain Wastes Prohibited.

[R.O. 1993 § 705.420; Ord. No. 2361 § 1, 5-19-1998]

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

Any liquids, solids or gasses which by reason of their nature or quantity are, or may be, sufficient either along or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time, shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the City, the State or EPA has notified the user is a fire hazard or hazard to the system.

Any waters or wastes containing toxic or poisonous solids, liquids, or gasses in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in the receiving waters of the sewage treatment plans, including but not limited to total cyanides in excess of one and nine-tenths (1.9) milligrams per liter as cyanide (CN) in the wastes as discharged to the public sewer.

Any waters or wastes having a pH lower than six and five-tenths (6.5) or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

Solids or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, grease, garbage with particles greater than one-half (1/2) inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.

Any waters or wastes having:

A five-day BOD greater than sixty-five (65) parts per million by weight, or

Containing more than one hundred ten (110) parts per million by weight of suspended solids, or

Having an average daily flow greater than two percent (2%) of the average sewage flow of the City, shall be subject to the review of the City.

	Where necessary in the opinion of the City, the owner shall provide, at his/her expense, such preliminary treatment as may be necessary to:
	a.	Reduce the biochemical oxygen demand to sixty-five (65) parts per million by weight, or
	b.	Reduce the suspended solids to one hundred ten (110) parts per million by weight, or
	c.	Control the quantities and rates of discharge of such waters or wastes.
	Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City and no construction of such facilities shall be commenced until said approvals are obtained in writing.

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, which constitutes a hazard to humans or animals, which creates a toxic effect in the receiving waters of the POTW, or exceeds the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.

Any noxious or malodorous liquids, gasses, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the POTW cause the POTW to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guideline or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management methods being used.

Any substance which will cause the POTW to violate its NPDES and/or State disposal system permit or the receiving water quality standards.

10.

Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

11.

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plants resulting in interference, but in no case, wastewater with a temperature at the introduction into the POTW which exceeds forty degrees (40°) centigrade [one hundred four degrees (104°) Fahrenheit] unless the POTW treatment plant is designed to accommodate such temperature.

12.

Any pollutants, including oxygen demand pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration, quantities, or flow during normal operation.

13.

Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Public Works Director in compliance with applicable State or Federal regulations.

14.

Any wastewater which causes a hazard to human life or creates a public nuisance.

When the Public Works Director determines that a user(s) is contributing to the POTW, any of the above-enumerated substances in such amount as to interfere with the operation of the POTW, the Public Works Director shall advise the user(s) of the impact of the contribution on the POTW; and develop effluent limitation(s) for such user to correct the interference with the POTW.

Section 705.430 Waters Or Wastes Not Amenable To Treatment.

[R.O. 1993 § 705.430]

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Public Works Director that such wastes can harm either the sewers, sewage treatment process, or equipment, having an adverse effect on the receiving stream, the usage of sludge, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his/her opinion as to the acceptability of these wastes, the Public Works Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials, and construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

Any liquid or vapor having a temperature higher than one hundred four degrees (104°) Fahrenheit [forty degrees (40°) centigrade].

Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of fifteen (15) milligrams per liter or containing substances which may solidify or become viscous at temperatures between thirty-two degrees (32°) and one hundred four degrees (104°) Fahrenheit [zero (0) and forty degrees (40°) centigrade].

Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Public Works Director.

Any waters or wastes containing the following substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material discharged in the composite sewage exceeds the following limitations measured in milligrams per liter (mg/l):

Pollutant	Maximum For Any One Day Shall Not Exceed	Sample Type
Arsenic	0.1034 mg/l	24-hour composite
Cadmium	0.0005 mg/l	24-hour composite
Chromium	0.7181 mg/l	24-hour composite
Copper	0.009 mg/l	24-hour composite
Cyanide	0.1398 mg/l	Grab
Lead	0.005 mg/l	24-hour composite
Mercury	0.0052 mg/l	24-hour composite
Nickel	1.0416 mg/l	24-hour composite
Silver	0.0016 mg/l	24-hour composite
Zinc	0.089 mg/l	24-hour composite

Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the City as necessary, after treatment of the composite sewage, to meet the requirements of State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City in compliance with applicable State or Federal regulations.

Any waters or wastes having a pH in excess of 9.5.

Materials which exert or cause:

Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chlorides or sodium sulfate).

Excessive discoloration (such as, but not limited to, dye wastes and vegetable, tanning solutions).

Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

Unusual volume of flow or concentration of wastes constituting slugs as defined herein.

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 the limitations contained in the Federal categorical pretreatment standards, or in any other pollutant-specified limitation developed by the City or State. (Comment: Dilution may be an acceptable means of complying with some of the prohibitions set forth in Section 705.420, e.g., the pH prohibition.)

Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

10.

State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this Chapter.

Section 705.440 Rejection Of Certain Wastes.

[R.O. 1993 § 705.440]

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 705.430 of this Article, and which in the judgment of the Public Works Director may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the Public Works Director may:

Reject the wastes.

Require pretreatment to an acceptable condition for discharge to the public sewers.

Require control over the quantities and rates of discharge, and/or the wastes not covered by existing taxes or sewer charges under the provisions of Section 705.430 of this Article.

Require more stringent limitations or requirements on discharges to the wastewater disposal system.

Require each user to provide protection from accidental discharge of prohibited materials or other substances regulated by this Chapter. Facilities to prevent accidental discharge or prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. All existing users shall complete such a plan by June 1, 1984. No user who commences contribution to the POTW after the effective date of this Chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plan and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this Chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

Written Notice. Within five (5) days following an accidental discharge, the user shall submit to the Public Works Director a detailed written report describing the cause 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 expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Article or other applicable law.

Notice To Employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call on in the event of a dangerous discharge. Employees shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedures.

If the City permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Public Works Director, and subject to the requirements of all applicable Codes, ordinances and laws.

Section 705.450 Grease, Oil And Sand Interceptors To Be Provided.

[R.O. 1993 § 705.450]

Grease, oil, and sand interceptors shall be provided when, in the opinion of the Public Works Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City, and shall be located as to be readily and easily accessible for cleaning and inspection.

Section 705.460 Preliminary Treatment Of Waste Materials.

[R.O. 1993 § 705.460]

When preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense.

Section 705.470 Fees.

[R.O. 1993 § 705.470]

It is the purpose of this Chapter to provide for the recovery of costs from users of the City's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the City's Schedule of Charges and Fees.[1] The City may adopt charges and fees which may include:

Fees for reimbursement of costs of setting up and operating the City's pretreatment program;

Fees for monitoring, inspections and surveillance procedures;

Fees for reviewing accidental discharge procedures and construction;

Fees for permit applications;

Fees for filing appeals;

Fees for consistent removal (by the City) of pollutants otherwise subject to Federal pretreatment standards;

Other fees as the City may deem necessary to carry out the requirements contained herein.

[1]

Editor's Note: The City's Schedule of Charges and Fees is on file in the City offices.

These fees relate solely to the matters covered by this Chapter and are separate from all other fees chargeable by the City.

Section 705.480 Administration.

[R.O. 1993 § 705.480]

It shall be unlawful to discharge without a City permit to any natural outlet within the City of Charleston, or in any area under the jurisdiction of said City, and/or to the POTW any wastewater except as authorized by the Public Works Director in accordance with the provisions of this Chapter.

General Permits. All categorical industries which are significant users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing categorical industries which are significant users connected to or contributing to the POTW shall obtain a wastewater contribution permit within one hundred eighty (180) days after the effective date of this Chapter (December 5, 1983).

Permit Application. Users required to obtain a wastewater contribution permit shall complete and file with the City, an application in the form prescribed by the City. Existing users shall apply for a wastewater contribution permit within thirty (30) days after the effective date of this Chapter (December 5, 1983), and proposed new users shall apply at least ninety (90) days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

Name, address, and location, (if different from the address);

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

Wastewater constituents and characteristics, including, but not limited to, those mentioned in Article VIII of this Chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended;

Time and duration of contribution;

Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the site, location, and elevation;

Description of activities, facilities and plans processes on the premises, including all materials which are or could be discharged;

Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State, or Federal pretreatment standards, and a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards;

If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this Schedule.

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

No increment referred to in Subsection (A)(2)(i)(1) above shall exceed nine (9) months.

No later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Public Works Director, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the Public Works Director.

Each product produced by type, amount, process or processes and rate of production;

Type and amount of raw materials processed (average and maximum per day);

Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

Any other information as may be deemed by the City to be necessary to evaluate the permit application.

The City will evaluate the data furnished by the user and may require additional information. After the evaluation and acceptance of the data furnished, the City may issue a wastewater contribution permit subject to terms and conditions provided herein.

Permit Modifications. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by Subsection (A)(2), the user shall apply for a wastewater contribution permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the Public Works Director within one hundred eighty (180) days after the promulgation of an applicable Federal categorical pretreatment standard the information required by Subsection (A)(2)(h) and (i).

Permit Conditions. Wastewater Discharge Permits shall be expressly subject to all provisions of this Chapter and all other applicable regulations, user charges and fees established by the City. Permits may contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

Limits on the average and maximum wastewater constituents and characteristics;

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

Requirements for installation and maintenance of inspection and sampling facilities;

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

Compliance schedules;

Requirements for submission of technical reports or discharge reports (see Section 705.490);

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording City access thereto;

Requirements for notification of the City or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

Requirements for notification of slug discharges;

Other conditions as deemed appropriate by the City to ensure compliance with this Chapter.

Duration Of Permits. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a maximum of one hundred eighty (180) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in Section 705.440(A)(4) are modified or other just cause exists. The user shall be informed of any proposed changes in his/her permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

Permit Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

Section 705.490 Reporting Requirements For Permittee.

[R.O. 1993 § 705.490]

Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Public Works Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for those process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.

Section 705.500 Periodic Compliance Reports.

[R.O. 1993 § 705.500]

Any user subject to a pretreatment standard after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Public Works Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Public Works Director, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in Section 705.480(A)(4). At the discretion of the Public Works Director and in consideration of such factor as local high or low flow rates, holidays, budget cycles, etc., the Public Works Director may agree to alter the months during which the above reports are to be submitted.

The Public Works Director may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection (A) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Public Works Director of pollutants contained therein which are limited by the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the administrator pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.

(Comment: Where 40 CFR 136, does not include sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator).

Section 705.510 Monitoring Facilities.

[R.O. 1993 § 705.510]

The City shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction and specifications. Construction shall be completed within ninety (90) days following written notification by the City.

Section 705.520 Inspection And Sampling.

[R.O. 1993 § 705.520]

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 ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination or in the performance of any of their duties. The City, approval authority and (where the NPDES state is the approval authority) EPA shall have 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, personnel from the City, approval authority and EPA will be permitted to enter without delay, for the purpose of performing their specific responsibilities.

Section 705.530 Pretreatment.

[R.O. 1993 § 705.530]

Users shall provide necessary wastewater treatment as required to comply with this Chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will not in any way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Chapter. Any subsequent changes in the pretreatment facilities or method of operations shall be reported to and be acceptable to the City prior to the user's initiation of the changes.

The City shall annually publish, in a local newspaper, a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the twelve (12) previous months. The notification shall also summarize any enforcement action taken against the user(s) during the same twelve (12) months.

All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.

Section 705.540 Confidential Information.

[R.O. 1993 § 705.540]

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection a trade secrets of the user.

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written requests to governmental agencies for uses related to this Chapter, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the City as confidential, shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the user.

Section 705.550 Enforcement.

[R.O. 1993 § 705.550]

Notification Of Violation. Whenever the City finds that any user has violated or is violating this Chapter, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within thirty (30) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user.

Show Cause Hearing. The City may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City Council why the proposed enforcement action should not be taken. The notice of hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.

Notices, Evidence, Reports. The City Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the Public Works Director's office to:

Issue in the name of the City Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

Take the evidence;

Transmit a report of the evidence and hearing, including a transcript and other evidence, together with the recommendations to the City Council for action thereon.

Testimony. At any hearing held pursuant to this Chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

Decision Of City Council; Issuance Of Orders. After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed and existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

Section 705.560 Legal Action.

[R.O. 1993 § 705.560]

If any person discharges sewage, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions of this Chapter, Federal or State pretreatment requirements, or any order of the City, the City Attorney may commence an action for appropriate legal and/or equitable relief in the Circuit Court of this County.

Section 705.570 Penalty — Costs — Civil Penalties.

[R.O. 1993 § 705.570]

Any user who is found to have violated an order of the City Council or who willfully or negligently failed to comply with any provision of this Chapter, and the orders, rules, regulations and permits issued hereunder, shall be fined not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) for each offense.

Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Chapter or the orders, rules, regulations, and permits issued hereunder.

Section 705.580 Falsifying Information.

[R.O. 1993 § 705.580]

Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Chapter, or wastewater contribution permit, 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 of not more than five hundred dollars ($500.00).

Section 705.590 Federal Categorical Pretreatment Standards.

[R.O. 1993 § 705.590]

Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal standard, if more stringent than limitations imposed under this Chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this Chapter. The Public Works Director shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.