[Ord. No. 3-66 §5, 5-9-2013[1]]
A.
This Article sets forth uniform requirements for users of the publicly
owned treatment works for the City of Farmington and enables the City
to comply with all applicable State and Federal laws, including the
Clean Water Act (33 United States Code [U.S.C.] Section 1251 et seq.),
the General Pretreatment Regulations (Title 40 of the Code of Federal
Regulations [CFR] Part 403) and Missouri Code 10 CSR 20-6.100. The
objectives of this Article are:
1.
To prevent the introduction of pollutants into the publicly
owned treatment works that will interfere with its operation;
2.
To prevent the introduction of pollutants into the publicly
owned treatment works that will pass through the publicly owned treatment
works, inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
3.
To protect both publicly owned treatment works personnel who
may be affected by wastewater and sludge in the course of their employment
and the general public;
4.
To promote reuse and recycling of industrial wastewater and
sludge from the publicly owned treatment works;
5.
To provide for fees for the equitable distribution of the cost
of operation, maintenance, and improvement of the publicly owned treatment
works; and
6.
To enable the City to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other Federal or State laws to which the publicly owned treatment
works is subject.
B.
This Article shall apply to all users of the publicly owned treatment
works. The Article authorizes the issuance of individual wastewater
discharge permits; provides for monitoring, compliance, and enforcement
activities; establishes administrative review procedures; requires
user reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
[Ord. No. 3-66 §5, 5-9-2013]
Except as otherwise provided herein, the Public Works Director
shall administer, implement, and enforce the provisions of this Article.
Any powers granted to or duties imposed upon Public Works Director
may be delegated by the Public Works Director to a duly authorized
City employee.
[Ord. No. 3-66 §5, 5-9-2013]
The following abbreviations, when used in this Article, shall
have the designated meanings:
|
BOD
|
Biochemical Oxygen Demand
|
|
BMP
|
Best Management Practice
|
|
BMR
|
Baseline Monitoring Report
|
|
CFR
|
Code of Federal Regulations
|
|
CIU
|
Categorical Industrial User
|
|
COD
|
Chemical Oxygen Demand
|
|
EPA
|
U.S. Environmental Protection Agency
|
|
gpd
|
Gallons Per Day
|
|
IU
|
Industrial User
|
|
mg/l
|
Milligrams Per Liter
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
NSCIU
|
Non-Significant Categorical Industrial User
|
|
POTW
|
Publicly Owned Treatment Works
|
|
RCRA
|
Resource Conservation and Recovery Act
|
|
SIU
|
Significant Industrial User
|
|
SNC
|
Significant Non-compliance
|
|
TSS
|
Total Suspended Solids
|
|
U.S.C.
|
United States Code
|
[Ord. No. 3-66 §5, 5-9-2013]
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this Article, shall have the meanings
hereinafter designated.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.
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 (1) 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 their 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.
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).
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in Section 730.050(A) and (B) [40 CFR 403.5(a)(1) and (b)].
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.
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) that apply to a specific category of users and that
appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.
An industrial user subject to a categorical pretreatment
standard or categorical standard.
The City of Farmington or the City Council of Farmington.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
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 average
measurement of the pollutant concentration derived from all measurements
taken that day.
The U.S. 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.
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
fifteen (15) minutes.
The introduction of pollutants into the POTW from any non-domestic
source.
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); 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.
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).
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.
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 on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this Subsection
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous onsite 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.
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
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, 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.
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 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.
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
Absolute prohibitions against the discharge of certain substances;
these prohibitions appear in Section 730.050 of this Article.
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.
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.).
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); or
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 710.240 of this Article. 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.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The person designated by the City to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by this Article. The term also means a duly authorized representative
of the Public Works Director.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering.
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.
[Ord. No. 3-66 §5, 5-9-2013]
A.
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.
B.
Specific Prohibitions. No user shall introduce or
cause to be introduced into the POTW the following pollutants, substances,
or wastewater:
1.
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 Celsius (60° C.) using the test methods specified in 40
CFR 261.21; or
2.
Wastewater having a pH less than five (5.0) or more than ten
(10.0) or otherwise causing corrosive structural damage to the POTW
or equipment; or
3.
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference but in no case solids
greater than three (3) inches or seven (7) centimeters in any dimension;
or
4.
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; or
5.
Wastewater having a temperature greater than one hundred fifty
degrees Fahrenheit (150° F.) sixty-five degrees Celsius (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 Celsius
(40° C.); or
6.
Petroleum oil, non-biodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference or pass
through;
7.
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;
8.
Trucked or hauled pollutants, except at discharge points designated by the Public Works Director in accordance with Section 710.320 of this Article;
9.
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;
10.
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;
11.
Wastewater containing any radioactive wastes or isotopes except
in compliance with applicable State or Federal regulations;
12.
Storm water, surface water, ground water, artesian well water,
roof runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, Non-contact Cooling Water, and unpolluted wastewater,
unless specifically authorized by the Public Works Director;
13.
Sludges, screenings, or other residues from the pretreatment
of industrial wastes;
14.
Medical wastes, except as specifically authorized by the Public
Works Director in an individual wastewater discharge permit;
15.
Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail toxicity test;
16.
Detergents, surface-active agents, or other substances which
that might cause excessive foaming in the POTW;
17.
Fats, oils, or greases of animal or vegetable origin in concentrations
greater than one hundred (100) mg/l;
18.
Hazardous wastes as defined in 40 CFR Part 261.
|
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.
|
C.
Any waters or wastes containing the following substances to such
a degree that the total mass loading from all SIUs exceeds the quantity
specified in the table below. The Public Works Director will develop
the permit limitations for all users that meet the definition of SIU
as defined by City Ordinance. The table of masses is as follows:
[Ord. No. 3-70 §1, 11-24-2014]
|
Total Mass Allowable (lbs) from SIUs (30-day average)
| |||
|---|---|---|---|
|
Pollutant
|
Mass (lbs)
|
Sample Type
| |
|
As
|
0.241
|
24-Hr Composite
| |
|
Cd
|
0.005
|
24-Hr Composite
| |
|
CN
|
0.159
|
Grab
| |
|
Cr
|
5.33
|
24-Hr Composite
| |
|
Cr (VI)
|
0.584
|
24-Hr Composite
| |
|
Cu
|
0.714
|
24-Hr Composite
| |
|
Hg
|
0.015
|
24-Hr Composite
| |
|
Ni
|
1.52
|
24-Hr Composite
| |
|
Pb
|
0.229
|
24-Hr Composite
| |
|
Zn
|
3.34
|
24-Hr Composite
| |
|
Mo
|
0.211
|
24-Hr Composite
| |
|
Se
|
0.105
|
24-Hr Composite
| |
[Ord. No. 3-66 §5, 5-9-2013]
A.
Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471.
1.
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Public Works Director may impose equivalent concentration or mass limits in accordance with Section 710.250(A)(5) and Section 710.250(A)(6).
2.
When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the Public
Works Director may convert the limits to equivalent limitations expressed
either as mass of pollutant discharged per day or effluent concentration
for purposes of calculating effluent limitations applicable to individual
industrial users.
3.
When wastewater subject to a categorical pretreatment standard
is mixed with wastewater not regulated by the same standard, the Public
Works Director shall impose an alternate limit in accordance with
40 CFR 403.6(e).
4.
A CIU may obtain a net/gross adjustment to a categorical pretreatment
standard in accordance with the following Subsections of this Section.
a.
Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with this Section. Any industrial user wishing to obtain credit for intake pollutants must make application to the City. Upon request of the industrial user, the applicable standard will be calculated on a net basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of Subsection (A)(4)(b) of this Section are met.
b.
Criteria.
(1)
Either the applicable categorical pretreatment
standards contained in 40 CFR Subchapter N specifically provide that
they shall be applied on a net basis; or the industrial user demonstrates
that the control system it proposes or uses to meet applicable categorical
pretreatment standards would, if properly installed and operated,
meet the standards in the absence of pollutants in the intake waters.
(2)
Credit for generic pollutants such as biochemical
oxygen demand (BOD), total suspended solids (TSS), and oil and grease
should not be granted unless the industrial user demonstrates that
the constituents of the generic measure in the user's effluent are
substantially similar to the constituents of the generic measure in
the intake water or unless appropriate additional limits are placed
on process water pollutants either at the outfall or elsewhere.
(3)
Credit shall be granted only to the extent necessary
to meet the applicable categorical pretreatment standard(s), up to
a maximum value equal to the influent value. Additional monitoring
may be necessary to determine eligibility for credits and compliance
with standard(s) adjusted under this Section.
(4)
Credit shall be granted only if the user demonstrates
that the intake water is drawn from the same body of water as that
into which the POTW discharges. The City may waive this requirement
if it finds that no environmental degradation will result.
5.
When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the City convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Public Works Director. The City may establish equivalent mass limits only if the industrial user meets all the conditions set forth in Sections 710.250(A)(5)(a)(1) through 710.250(A)(5)(a)(5) below.
a.
To be eligible for equivalent mass limits, the industrial user
must:
(1)
Employ, or demonstrate that it will employ, water
conservation methods and technologies that substantially reduce water
use during the term of its individual wastewater discharge permit;
(2)
Currently use control and treatment technologies
adequate to achieve compliance with the applicable categorical pretreatment
standard, and not have used dilution as a substitute for treatment;
(3)
Provide sufficient information to establish the
facility's actual average daily flow rate for all waste streams, based
on data from a continuous effluent flow monitoring device, as well
as the facility's long-term average production rate. Both the actual
average daily flow rate and the long-term average production rate
must be representative of current operating conditions;
(4)
Not have daily flow rates, production levels, or
pollutant levels that vary so significantly that equivalent mass limits
are not appropriate to control the discharge; and
(5)
Have consistently complied with all applicable
categorical pretreatment standards during the period prior to the
industrial user's request for equivalent mass limits.
b.
An industrial user subject to equivalent mass limits must:
(1)
Maintain and effectively operate control and treatment
technologies adequate to achieve compliance with the equivalent mass
limits;
(2)
Continue to record the facility's flow rates through
the use of a continuous effluent flow monitoring device;
(3)
Continue to record the facility's production rates
and notify the Public Works Director whenever production rates are
expected to vary by more than twenty percent (20%) from its baseline
production rates determined in Subsection 710.250(A)(6)(a)(3) of this
Subsection. Upon notification of a revised production rate, the Public
Works Director will reassess the equivalent mass limit and revise
the limit as necessary to reflect changed conditions at the facility;
and
(4)
Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to Subsection 710.250(A)(5)(a)(1) of this Section so long as it discharges under an equivalent mass limit.
c.
When developing equivalent mass limits, the Public Works Director:
(1)
Will calculate the equivalent mass limit by multiplying
the actual average daily flow rate of the regulated process(es) of
the industrial user by the concentration-based daily maximum and monthly
average standard for the applicable categorical pretreatment standard
and the appropriate unit conversion factor;
(2)
Upon notification of a revised production rate,
will reassess the equivalent mass limit and recalculate the limit
as necessary to reflect changed conditions at the facility; and
(3)
May retain the same equivalent mass limit in subsequent individual wastewater discharge permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Section 710.280. The industrial user must also be in compliance with Section 710.830 regarding the prohibition of bypass.
6.
The Public Works Director may convert the mass limits for the
categorical pretreatment standards of 40 CFR Parts 414, 419, and 455
to concentration limits for purposes of calculating limitations applicable
to individual industrial users. The conversion is at the discretion
of the Public Works Director.
7.
Once included in its permit, the industrial user must comply with the equivalent limitations developed in this Section 710.250 in lieu of the promulgated categorical standards from which the equivalent limitations were derived.
8.
Many categorical pretreatment standards specify one (1) limit
for calculating maximum daily discharge limitations and a second limit
for calculating maximum monthly average, or four-day average, limitations.
Where such standards are being applied, the same production or flow
figure shall be used in calculating both the average and the maximum
equivalent limitation.
9.
Any industrial user operating under a permit incorporating equivalent
mass or concentration limits calculated from a production-based standard
shall notify the Public Works Director within two (2) business days
after the user has a reasonable basis to know that the production
level will significantly change within the next calendar month. Any
user not notifying the Public Works Director of such anticipated change
will be required to meet the mass or concentration limits in its permit
that were based on the original estimate of the long term average
production rate.
[Ord. No. 3-66 §5, 5-9-2013]
[Ord. No. 3-66 §5, 5-9-2013]
The City reserves the right to establish, by ordinance or in
individual wastewater discharge permits, more stringent standards
or requirements on discharges to the POTW consistent with the purpose
of this Article.
[Ord. No. 3-66 §5, 5-9-2013]
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 Public Works Director 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.
[Ord. No. 3-66 §5, 5-9-2013]
Users shall provide wastewater treatment as necessary to comply with this Article and shall achieve compliance with all categorical pretreatment standards, and the prohibitions set out in Section 710.240 of this Article within the time limitations specified by EPA, the State, or the Public Works Director, 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 Public Works Director for review, and shall be acceptable to the Public Works Director 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 Article.
[Ord. No. 3-66 §5, 5-9-2013]
A.
Whenever deemed necessary, the Public Works Director 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 Article.
B.
The Public Works Director 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. An individual wastewater discharge permit may be issued solely
for flow equalization.
C.
Fat, Oil, And Grease Control.
[Ord. No. 3-85, 8-11-2022]
1.
Scope And Purpose. The objective of this Section is to aid in preventing
the introduction and accumulation of fats, oils, and greases into
the Municipal Wastewater System which will or tend to cause or contribute
to sanitary sewer blockages and obstructions. Food service establishments
(FSEs) and other industrial, institutional or commercial establishments
generating wastewater containing fats, oils or greases are subject
to this Section. This Section regulates such users by requiring that
grease interceptors and other approved strategies be installed, implemented,
and maintained in accordance with the provisions hereof. Existing
grease traps or interceptors that are in good repair and functioning
properly may be exempt from grease interceptor location requirements
until such time that the establishment changes ownership, undergoes
a major remodel, change of purpose, or fails to meet discharge action
levels.
2.
Grease Interceptor, Installation, Inspection, Maintenance, Record-Keeping,
And Grease Removal.
a.
Grease interceptors shall be installed and maintained at the user's
expense, when a user operates a food service establishment. Grease
interceptors may be required in non-cooking or cold dairy and frozen
foodstuffs establishments and other industrial or commercial establishments
when the establishment generates wastewater containing fat or grease
and the Public Works Director or his/her designee determines an interceptor
is necessary to prevent contribution or accumulation of grease to
the sanitary sewer collection and treatment system. No user shall
allow wastewater discharge concentration from subject grease interceptor
to exceed an established action level of one hundred (100) milligrams
per liter, expressed as hexane extractable material. Any user in violation
of these limits shall be subject to penalties as set out in this Article.
All grease interceptors shall be of a type, design, and capacity approved
by the Public Works Director or his/her designee and shall be readily
and easily accessible for maintenance and repair, including cleaning
and for inspection. All grease interceptors shall be serviced and
emptied of accumulated waste content as required in order to maintain
minimum design capability or effective volume of the grease interceptor,
but not less often than every sixty (60) days or as permitted in a
valid program modification. Users who are required to pass wastewater
through a grease interceptor shall:
(1)
Provide for a minimum hydraulic retention time of twenty-four
(24) minutes at actual peak flow between the influent and effluent
baffles, with twenty-five percent (25%) of the total volume of the
grease interceptor being allowed for any food-derived solids to settle
or accumulate and floatable grease-derived materials to rise and accumulate,
identified hereafter as a solids blanket and grease cap respectively.
(2)
Remove, at the user's expense, any accumulated grease cap and
solids blanket as required to keep their volume less than twenty-five
percent (25%) of the total volume of the grease trap or interceptor
or in accordance with manufacturers suggested intervals. However,
intervals shall be no longer than sixty (60) days or in accordance
with a valid program modification or other Public Works Director or
his/her designee's requirements. Grease interceptors shall be kept
free of inorganic solid materials, such as grit, rocks, gravel, sand,
eating utensils, styrofoam, cigarettes, shells, towels, rags, etc.,
which could settle into this solids blanket and thereby reduce the
effective volume of the grease interceptor.
(3)
Operate and maintain the grease interceptor to achieve and maintain any applicable grease action level. This shall mean any wastewater sample taken from such grease interceptor must meet the terms of numerical limit attainment described in Section 710.300(C)(2)(a).
(4)
If a user documents that conditions exist ("space constraints")
on their establishment site that limit the ability to locate a grease
interceptor on the exterior of the establishment, the user may request
an interior location for the interceptor. Such request shall contain
the following information:
(a)
Location of City sewer main and easement in relation to available
exterior space outside building.
(b)
Existing plumbing layout at or in a site.
(c)
A statement of understanding, signed by the user or authorized
agent, acknowledging and accepting conditions the Public Works Director
or his/her designee may place on permitting and identified interior
location. Conditions may include requirements to use alternative mechanisms,
devices, procedures, or operations relative to an interior location.
(d)
Grant of access to interceptor for City inspections.
(e)
Such other information as may be required by the Public Works
Director or his/her designee.
(5)
The use of biological or other additives as a grease degradation
or conditioning agent is not permissible.
(6)
The use of automatic grease removal systems is permissible only
upon prior written approval of the Public Works Director or his/her
designee. Any user using a grease interceptor located on the interior
of the site shall be subject to any operational requirements set forth
by the City of Farmington. Any user using this equipment shall operate
the system in such a manner that attainment of the grease wastewater
discharge limit, as measured from the unit's outlet, is achieved as
required by the Public Works Director or his/her designee.
(7)
The Public Works Director or his/her designee may make determinations
of grease interceptor adequacy need, design, appropriateness, application,
location, modification(s), and conditional usage based on review of
all relevant information regarding grease interceptor performance,
facility site and building plan review by all regulatory reviewing
agencies and may require repairs to, or modification or replacement
of grease interceptors.
b.
The user shall maintain a written record of grease interceptor maintenance
for three (3) years. All such records will be available for inspection
at all times. These records shall include:
(1)
FSE name and physical location;
(2)
Date and time of grease interceptor service;
(3)
Name of grease interceptor service;
(4)
Name and signature of grease interceptor service company agent
performing said service;
(5)
Established service frequency and type of service;
(6)
Number and size of each grease interceptor serviced at FSE location;
(7)
Approximated amount, per best professional judgment of contract
service provider, of grease and solids removed from each grease interceptor;
(8)
Total volume of waste removed from each grease interceptor;
(9)
Destination of removed wastes, food solids, and wastewater disposal;
(10)
Signature and date of FSE personnel confirming service completion;
and
(11)
Such other information as required by the Public Works Director
or his/her designee.
c.
No non-grease-laden sources are allowed to be connected to sewer
lines intended for grease interceptor service.
d.
Access manholes shall have an installed diameter of twenty-four (24)
inches, and shall be provided over each chamber, interior baffle wall,
and each sanitary tee. The access penetrations, commonly referred
to as "risers" into the grease interceptor shall also be, at a minimum,
twenty-four (24) inches in diameter. The access manholes shall extend
at least to finished grade and be designed and maintained to prevent
water inflow or infiltration. The manholes shall also have readily
removable covers to facilitate inspection, grease removal, and wastewater
sampling activities.
e.
A user may request a modification to the following requirements of
this Section. Such request for a modification shall be in writing
and shall provide the information set forth below:
(1)
The User's Grease Interceptor Pumping Frequency. The Public
Works Director or his/her designee may modify the sixty-day grease
interceptor pump out frequency when the user provides data, and performance
criteria relative to the overall effectiveness of a proposed alternate
and such can be substantiated by the Public Works Director or his/her
designee.
(2)
Grease interceptor maintenance and service procedures. The Public
Works Director or his/her designee may modify the method(s) or procedure(s)
utilized to service a grease interceptor when the user provides data,
and performance criteria relative to the overall effectiveness of
a proposed alternate method or procedure and such can be substantiated
by the Public Works Director or his/her designee. If a modification
to maintenance and service procedures is permitted it shall be a conditional
discharged permit approval.
(3)
Any modification must be approved by the Public Works Director
or his/her designee in written form before implementation by the user
or the user's designated service provider. The user shall pay modification
fees as set forth in the City Fee Schedule.
f.
No such interceptors are required for residential users, except under
special circumstances as determined by the Public Works Director (or
his/her designee) or the City Administrator. Such circumstances may
include (but are not limited to) fats, oil, and greases generated
from apartment complexes or other congregate residential areas.
D.
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
[Ord. No. 3-66 §5, 5-9-2013]
A.
The Public Works Director shall evaluate whether each SIU needs an
accidental discharge/slug discharge control plan or other action to
control slug discharges. The Public Works Director may require any
user to develop, submit for approval, and implement such a plan or
take such other action that may be necessary to control slug discharges.
Alternatively, the Public Works Director may develop such a plan for
any user. An accidental discharge/slug discharge 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 Public Works Director of any accidental or slug discharge, as required by Section 710.520 of this Article; and
4.
Procedures to prevent adverse impact from any accidental or
slug 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.
[Ord. No. 3-66 §5, 5-9-2013]
A.
Septic tank waste may be introduced into the POTW only at locations designated by the Public Works Director, and at such times as are established by the Public Works Director. Such waste shall not violate Section 710.240 of this Article or any other requirements established by the City. The Public Works Director may require septic tank waste haulers to obtain individual wastewater discharge permits.
B.
Hauled industrial wastewater is prohibited from treatment within
the system and will not be accepted under any circumstance.
[Ord. No. 3-66 §5, 5-9-2013]
When requested by the Public Works Director, a user must submit
information on the nature and characteristics of its wastewater within
fifteen (15) days of the request. The Public Works Director is authorized
to prepare a form for this purpose and may periodically require users
to update this information.
[Ord. No. 3-66 §5, 5-9-2013]
A.
No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the Public Works Director, except that a significant industrial user that has filed a timely application pursuant to Section 710.350 of this Article may continue to discharge for the time period specified therein.
B.
The Public Works Director may require other users to obtain individual
wastewater discharge permits as necessary to carry out the purposes
of this Article.
C.
Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this Article and subjects the wastewater discharge permittee to the sanctions set out in Sections 710.640 through 710.800 of this Article. Obtaining an individual 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.
[Ord. No. 3-66 §5, 5-9-2013]
Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Article and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the Public Works Director for an individual wastewater discharge permit in accordance with Section 710.370 of this Article, and shall not cause or allow discharges to the POTW to continue after one hundred twenty (120) days of the effective date of this Article except in accordance with an individual wastewater discharge permit issued by the Public Works Director.
[Ord. No. 3-66 §5, 5-9-2013]
Any user required to obtain an individual 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 individual wastewater discharge permit, in accordance with Section 710.370 of this Article, must be filed at least one hundred twenty (120) days prior to the date upon which any discharge will begin or recommence.
[Ord. No. 3-66 §5, 5-9-2013]
A.
All users required to obtain an individual wastewater discharge permit
must submit a permit application. The Public Works Director may require
users to submit all or some of the following information as part of
a permit application:
2.
Environmental permits. A list of any environmental
control permits held by or for the facility.
3.
Description of operations.
a.
A brief description of the nature, average rate of production
(including each product produced by type, amount, processes, and 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.
b.
Types of wastes generated, and 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.
c.
Number and type of employees, hours of operation, and proposed
or actual hours of operation.
d.
Type and amount of raw materials processed (average and maximum
per day).
e.
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.
4.
Time and duration of discharges.
5.
The location for monitoring all wastes covered by the permit.
6.
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 Section 710.250(A)(3) (40 CFR 403.6(e)).
7.
Measurement of pollutants.
a.
The categorical pretreatment standards applicable to each regulated
process and any new categorically regulated processes for existing
sources.
b.
The results of sampling and analysis identifying the nature
and concentration, and/or mass, where required by the standard or
by the Public Works Director, of regulated pollutants in the discharge
from each regulated process.
c.
Instantaneous, daily maximum, and long-term average concentrations,
or mass, where required, shall be reported.
d.
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 710.550 of this Article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Public Works Director or the applicable standards to determine compliance with the standard.
8.
Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 710.500(B) (40 CFR 403.12(e)(2)).
9.
Any other information as may be deemed necessary by the Public
Works Director to evaluate the permit application.
B.
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
[Ord. No. 3-66 §5, 5-9-2013]
A.
All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in Section 710.590(A).
B.
If the designation of an authorized representative is no longer accurate
because a different individual or position has responsibility for
the overall operation of the facility or overall responsibility for
environmental matters for the company, a new written authorization
satisfying the requirements of this Section must be submitted to the
Public Works Director prior to or together with any reports to be
signed by an authorized representative.
[Ord. No. 3-66 §5, 5-9-2013]
The Public Works Director will evaluate the data furnished by
the user and may require additional information. Within forty-five
(45) days of receipt of a complete permit application, the Public
Works Director will determine whether to issue an individual wastewater
discharge permit. The Public Works Director may deny any application
for an individual wastewater discharge permit.
[Ord. No. 3-66 §5, 5-9-2013]
An individual wastewater discharge permit shall be issued for
a specified time period, not to exceed five (5) years from the effective
date of the permit. An individual wastewater discharge permit may
be issued for a period less than five (5) years, at the discretion
of the Public Works Director. Each individual wastewater discharge
permit will indicate a specific date upon which it will expire.
[Ord. No. 3-66 §5, 5-9-2013]
A.
An individual wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the Public Works Director 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.
Individual wastewater discharge permits must contain:
a.
A statement that indicates the wastewater discharge permit issuance
date, expiration date and effective date.
b.
A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 710.440 of this Article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
c.
Effluent limits, including Best Management Practices, based
on applicable pretreatment standards.
d.
Self monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of
pollutants (or best management practice) to be monitored, sampling
location, sampling frequency, and sample type based on Federal, State,
and local law.
e.
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 710.500(B).
f.
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.
g.
Requirements to control slug discharge, if determined by the
Public Works Director to be necessary.
h.
Any grant of the monitoring waiver by the Public Works Director (Section 710.500(B)) must be included as a condition in the user's permit.
2.
Individual 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, including flow measurement
devices;
g.
A statement that compliance with the individual wastewater discharge
permit, or the general 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 individual wastewater discharge permit; and
h.
Other conditions as deemed appropriate by the Public Works Director
to ensure compliance with this Article, and State and Federal laws,
rules, and regulations.
[Ord. No. 3-66 §5, 5-9-2013]
A.
The Public Works Director may modify an individual 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 the individual 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, personnel, or the receiving waters;
5.
Violation of any terms or conditions of the individual 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 individual wastewater
discharge permit; or
B.
The Public Works Director may modify a general 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; or
2.
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge; or
3.
To correct typographical or other errors in the individual wastewater
discharge permit; or
[Ord. No. 3-66 §5, 5-9-2013]
A.
Individual wastewater discharge permits may be transferred to a new
owner or operator only if the permittee gives at least sixty (60)
days advance notice to the Public Works Director and the Public Works
Director approves the individual wastewater discharge permit transfer.
The notice to the Public Works Director must include a written certification
by the new owner or operator which:
B.
Failure to provide advance notice of a transfer renders the individual
wastewater discharge permit void as of the date of facility transfer.
[Ord. No. 3-66 §5, 5-9-2013]
A.
The Public Works Director may revoke an individual wastewater discharge
permit for good cause, including, but not limited to, the following
reasons:
1.
Failure to notify the Public Works Director of significant changes
to the wastewater prior to the changed discharge;
2.
Failure to provide prior notification to the Public Works Director of changed conditions pursuant to Section 710.510 of this Article;
3.
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
4.
Falsifying self-monitoring reports and certification statements;
5.
Tampering with monitoring equipment;
6.
Refusing to allow the Public Works Director 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 or this Article.
B.
Individual wastewater discharge permits shall be voidable upon cessation
of operations or transfer of business ownership. All individual wastewater
discharge permits issued to a user are void upon the issuance of a
new individual wastewater discharge permit to that user.
[Ord. No. 3-66 §5, 5-9-2013]
A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 710.370 of this Article, a minimum of ninety (90) days prior to the expiration of the user's existing individual wastewater discharge permit.
[Ord. No. 3-66 §5, 5-9-2013]
A.
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the Public Works Director shall
enter into an inter-municipal agreement with the contributing municipality.
B.
Prior to entering into an agreement required by Subsection (A), above, the Public Works Director shall request the following information from the contributing municipality:
1.
A description of the quality and volume of wastewater discharged
to the POTW by the contributing municipality;
2.
An inventory of all users located within the contributing municipality
that are discharging to the POTW; and
3.
Such other information as the Public Works Director may deem
necessary.
C.
An inter-municipal agreement, as required by Subsection (A), above, shall contain the following conditions:
1.
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Article, including required Baseline Monitoring Reports (BMRs) which are at least as stringent as those set out in Section 710.470 of this Article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or local limits;
2.
A requirement for the contributing municipality to submit a
revised user inventory on at least an annual basis;
3.
A provision specifying which pretreatment implementation activities,
including individual 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 Public
Works Director; and which of these activities will be conducted jointly
by the contributing municipality and the Public Works Director;
4.
A requirement for the contributing municipality to provide the
Public Works Director with access to all information that the contributing
municipality obtains as part of its pretreatment activities;
5.
Limits on the nature, quality, and volume of the contributing
municipality's wastewater at the point where it discharges to the
POTW;
6.
Requirements for monitoring the contributing municipality's
discharge;
7.
A provision ensuring the Public Works Director 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 Public Works Director;
and
8.
A provision specifying remedies available for breach of the
terms of the inter-municipal agreement.
[Ord. No. 3-66 §5, 5-9-2013]
A.
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 industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Public Works Director a report which contains the information listed in Subsection (B), below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Public Works Director a report which contains the information listed in Subsection (B), 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.
B.
Users described above shall submit the information set forth below.
1.
All information required in Section 710.370(A)(1)(a), Section 710.370(A)(2), Section 710.370(A)(3)(a), and Section 710.370(A)(6).
2.
Measurement of pollutants.
a.
The user shall provide the information required in Section 710.370(A)(7)(a) through (d).
b.
The user shall take a minimum of one (1) representative sample
to compile that data necessary to comply with the requirements of
this Subsection.
c.
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment the user should
measure the flows and concentrations necessary to allow use of the
combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance
with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e)
this adjusted limit along with supporting data shall be submitted
to the Control Authority.
e.
The Public Works Director may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures.
f.
The baseline report shall indicate the time, date and place
of sampling and methods of analysis, and shall certify that such sampling
and analysis is representative of normal work cycles and expected
pollutant discharges to the POTW.
3.
Compliance certification. A statement, reviewed by the user's authorized representative as defined in Section 710.230 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.
4.
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 must be provided. 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 Section 710.480 of this Article.
5.
Signature and report certification. All baseline monitoring reports must be certified in accordance with Section 710.590(A) of this Article and signed by an authorized representative as defined in Section 710.230.
[Ord. No. 3-66 §5, 5-9-2013]
A.
The following conditions shall apply to the compliance schedule required by Section 710.470(B)(4) of this Article:
1.
The schedule shall contain progress increments 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 (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 Public Works
Director 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 Public Works Director.
[Ord. No. 3-66 §5, 5-9-2013]
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 Public Works Director a report containing the information described in Section 710.370(A)(6) and (7) and 710.470(B)(2) of this Article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 710.250, 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 Section 710.590(A) of this Article. All sampling will be done in conformance with Section 710.560.
A.
All significant industrial users must, at a frequency determined
by the Public Works Director, submit no less than twice per year (June
and December) reports indicating the nature, 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. In cases where the pretreatment standard requires
compliance with a Best Management Practice (BMP) or pollution prevention
alternative, the user must submit documentation required by the Public
Works Director or the pretreatment standard necessary to determine
the compliance status of the user.
B.
The City may authorize an industrial user subject to a categorical
pretreatment standard to forego sampling of a pollutant regulated
by a categorical pretreatment standard if the industrial user has
demonstrated through sampling and other technical factors that the
pollutant is neither present nor expected to be present in the discharge,
or is present only at background levels from intake water and without
any increase in the pollutant due to activities of the industrial
user. This authorization is subject to the following conditions:
1.
The waiver may be authorized where a pollutant is determined
to be present solely due to sanitary wastewater discharged from the
facility provided that the sanitary wastewater is not regulated by
an applicable categorical standard and otherwise includes no process
wastewater.
2.
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five (5) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 710.370(A)(8).
3.
In making a demonstration that a pollutant is not present, the
industrial user must provide data from at least one sampling of the
facility's process wastewater prior to any treatment present at the
facility that is representative of all wastewater from all processes.
4.
The request for a monitoring waiver must be signed in accordance
with Section 710.230(c) and include the certification statement in
710.590(A) (40 CFR 403.6(a)(2)(ii)).
5.
Non-detectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA approved method from 40
CFR Part 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
6.
Any grant of the monitoring waiver by the Public Works Director
must be included as a condition in the user's permit. The reasons
supporting the waiver and any information submitted by the user in
its request for the waiver must be maintained by the Public Works
Director for three (3) years after expiration of the waiver.
7.
Upon approval of the monitoring waiver and revision of the user's
permit by the Public Works Director, the industrial user must certify
on each report with the statement in Section 710.590(C) below, that
there has been no increase in the pollutant in its waste stream due
to activities of the industrial user.
8.
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately: Comply with the monitoring requirements of Section 710.500(A), or other more frequent monitoring requirements imposed by the Public Works Director, and notify the Public Works Director.
9.
This provision does not supersede certification processes and
requirements established in categorical pretreatment standards, except
as otherwise specified in the categorical pretreatment standard.
C.
All periodic compliance reports must be signed and certified in accordance with Section 710.590(A) of this Article.
D.
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.
E.
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Public Works Director, using the procedures prescribed in Section 710.560 of this Article, the results of this monitoring shall be included in the report.
[Ord. No. 3-66 §5, 5-9-2013]
A.
Each user must notify the Public Works Director of any significant
changes to the user's operations or system which might alter the nature,
quality, or volume of its wastewater at least seven (7) days before
the change.
[Ord. No. 3-66 §5, 5-9-2013]
A.
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, a slug discharge or slug load, that might cause potential
problems for the POTW, the user shall immediately telephone and notify
the Public Works Director 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.
B.
Within five (5) days following such discharge, the user shall, unless
waived by the Public Works Director, 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 expense, loss, damage, or other
liability which might 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 Article.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection (A), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
D.
Significant industrial users are required to notify the Public Works
Director immediately of any changes at its facility affecting the
potential for a slug discharge.
[Ord. No. 3-66 §5, 5-9-2013]
All users not required to obtain an individual wastewater discharge
permit shall provide appropriate reports to the Public Works Director
as the Public Works Director may require.
[Ord. No. 3-66 §5, 5-9-2013]
If sampling performed by a user indicates a violation, the user
must notify the Public Works Director 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 Public Works Director within thirty (30) days after becoming
aware of the violation. Resampling by the industrial user is not required
if the City performs sampling at the user's facility at least once
a month, or if the City performs sampling at the user between the
time when the initial sampling was conducted and the time when the
user or the City receives the results of this sampling, or if the
City has performed the sampling and analysis in lieu of the industrial
user.
[Ord. No. 3-66 §5, 5-9-2013]
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 and amendments thereto, 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, or where the EPA determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the Public Works Director or other
parties approved by EPA.
[Ord. No. 3-66 §5, 5-9-2013]
A.
Samples collected to satisfy reporting requirements must be based
on data obtained through appropriate sampling and analysis performed
during the period covered by the report, based on data that is representative
of conditions occurring during the reporting period.
1.
Except as indicated in Subsection (B) and (C) below, the user
must collect wastewater samples using twenty-four-hour flow-proportional
composite sampling techniques, unless time-proportional composite
sampling or grab sampling is authorized by the Public Works Director.
Where time-proportional composite sampling or grab sampling is authorized
by the City, the samples must be representative of the discharge.
Using protocols (including appropriate preservation) specified in
40 CFR Part 136 and appropriate EPA guidance, multiple grab samples
collected during a twenty-four-hour period may be composited prior
to the analysis as follows: for cyanide, total phenols, and sulfides
the samples may be composited in the laboratory or in the field; for
volatile organics and oil and grease, the samples may be composited
in the laboratory. Composite samples for other parameters unaffected
by the compositing procedures as documented in approved EPA methodologies
may be authorized by the City, as appropriate. In addition, grab samples
may be required to show compliance with daily maximum limits.
2.
Samples for oil and grease, temperature, pH, cyanide, total
phenols, sulfides, and volatile organic compounds must be obtained
using grab collection techniques.
3.
For sampling required in support of baseline monitoring and ninety-day compliance reports required in Section 710.470 and 710.490 [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Public Works Director may authorize a lower minimum. For the reports required by paragraphs Section 710.500 (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
[Ord. No. 3-66 §5, 5-9-2013]
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.
[Ord. No. 3-66 §5, 5-9-2013]
Users subject to the reporting requirements of this Article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with Best Management Practices established under Section 710.260. 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 Public Works Director.
[Ord. No. 3-66 §5, 5-9-2013]
A.
The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 710.470; users submitting baseline monitoring reports under Section 710.470(B)(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 710.490; users submitting periodic compliance reports required by Section 710.500(A-B) and users submitting an initial request to forego sampling of a pollutant on the basis of Section 710.500(B)(4). The following certification statement must be signed by an authorized representative as defined in Section 710.230.
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.
B.
Users that have an approved monitoring waiver based on Section 710.500(B) must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user.
Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _____ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 710.500(A).
[Ord. No. 3-66 §5, 5-9-2013]
A.
The Public Works Director shall have the right to enter the premises
of any user to determine whether the user is complying with all requirements
of this Article and any individual wastewater discharge permit or
order issued hereunder. Users shall allow the Public Works Director
ready access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, photo documentation, and
the performance of any additional duties.
B.
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 Public Works Director
shall be permitted to enter without delay for the purposes of performing
specific responsibilities.
C.
The Public Works Director 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.
D.
The Public Works Director 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 bi-annually to ensure their accuracy.
E.
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 Public Works Director
and shall not be replaced. The costs of clearing such access shall
be borne by the user.
F.
Unreasonable delays in allowing the Public Works Director access
to the user's premises shall be a violation of this Article.
G.
The user shall provide a monitoring facility with ample room in or
near the monitoring facility to allow accurate sampling and preparation
of samples and analysis. Monitoring facilities shall be provided in
accordance with the Public Works Director's requirements and all applicable
local construction standards and specifications, and such facilities
shall be constructed and maintained in such a manner so as to enable
the Public Works Director to perform independent monitoring activities.
[Ord. No. 3-66 §5, 5-9-2013]
If the Public Works Director 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 Article,
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 Article or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, the
Public Works Director may seek issuance of a search warrant from the
Circuit Court of St. Francois County of the State of Missouri, or
any other court of competent jurisdiction.
[Ord. No. 3-66 §5, 5-9-2013]
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, individual wastewater discharge
permits, and monitoring programs, and from the Public Works Director's
inspection and sampling activities, shall be available to the public
without restriction, unless the user specifically requests, and is
able to demonstrate to the satisfaction of the Public Works Director,
that the release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under
applicable State law. Any such request must be asserted at the time
of submission of the information or data. When requested and demonstrated
by the user furnishing a report that such information should be held
confidential, 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 immediately upon request
to governmental agencies for uses related to the NPDES program or
pretreatment program, and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
and other effluent data, as defined at 40 CFR 2.302 shall not be recognized
as confidential information and shall be available to the public without
restriction.
[Ord. No. 3-66 §5, 5-9-2013]
A.
The Public Works Director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve (12) months, were in significant non-compliance with applicable pretreatment standards and requirements. The term significant non-compliance shall be applicable to all significant industrial users (or any other industrial user that violates Subsections (A)(3), (4) or (8) of this Section) and shall mean:
1.
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in Sections 710.240 through 710.290;
2.
Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by Sections 710.240 through 710.290 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
3.
Any other violation of a pretreatment standard or requirement as defined by Sections 710.240 through 710.290 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Public Works Director determines 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 a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the Public
Works Director'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 an individual wastewater
discharge permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
6.
Failure to provide within forty-five (45) 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 may include a violation of Best
Management Practices, which the Public Works Director determines will
adversely affect the operation or implementation of the local pretreatment
program.
[Ord. No. 3-66 §5, 5-9-2013]
When the Public Works Director finds that a user has violated,
or continues to violate, any provision of this Article, an individual
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Public Works Director may
serve upon that user a written notice of violation. Within fourteen
(14) days of the receipt of such notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof,
to include specific required actions, shall be submitted by the user
to the Public Works Director. Submission of such a plan in no way
relieves the user of liability for any violations occurring before
or after receipt of the notice of violation. Nothing in this Section
shall limit the authority of the Public Works Director to take any
action, including emergency actions or any other enforcement action,
without first issuing a notice of violation.
[Ord. No. 3-66 §5, 5-9-2013]
The Public Works Director may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such documents shall include specific action to be taken by the user to correct the non-compliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 710.650 and 710.660 of this Article and shall be judicially enforceable.
[Ord. No. 3-66 §5, 5-9-2013]
The Public Works Director may order a user which has violated, or continues to violate, any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Public Works Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 710.230 and required by Section 710.380(A). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
[Ord. No. 3-66 §5, 5-9-2013]
When the Public Works Director finds that a user has violated,
or continues to violate, any provision of this Article, an individual
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Public Works Director may
issue an order to the user responsible for the discharge directing
that the user come into compliance within a specified time. If the
user does not come into compliance within the time provided, sewer
service may be discontinued unless adequate treatment facilities,
devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to
address the non-compliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
[Ord. No. 3-66 §5, 5-9-2013]
A.
When the Public Works Director finds that a user has violated, or
continues to violate, any provision of this Article, an individual
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, or that the user's past violations
are likely to recur, the Public Works Director may issue an order
to the user directing it to cease and desist all such violations and
directing the user to:
1.
Immediately comply with all requirements; and
2.
Take such appropriate remedial or preventive action as may be
needed to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge. Issuance of a
cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
[Ord. No. 3-66 §5, 5-9-2013]
A.
When the Public Works Director finds that a user has violated, or
continues to violate, any provision of this Article, an individual
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Public Works Director may
fine such user in an amount not to exceed one thousand dollars ($1,000.00)
Such fines shall be assessed on a per-violation, per-day basis. In
the case of monthly or other long-term average discharge limits, fines
shall be assessed for each day during the period of violation.
B.
Unpaid charges, fines, and penalties shall, after thirty (30) calendar
days, be assessed an additional penalty of five percent (5%) of the
unpaid balance, and interest shall accrue thereafter at a rate of
five percent (5%) per month. A lien against the user's property shall
be sought for unpaid charges, fines, and penalties.
C.
Users desiring to dispute such fines must file a written request
for the Public Works Director to reconsider the fine along with full
payment of the fine amount within thirty (30) days of being notified
of the fine. Where a request has merit, the Public Works Director
may convene a hearing on the matter. In the event the user's appeal
is successful, the payment, together with any interest accruing thereto,
shall be returned to the user. The Public Works Director may add the
costs of preparing administrative enforcement actions, such as notices
and orders, to the fine.
D.
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
[Ord. No. 3-66 §5, 5-9-2013]
A.
The Public Works Director may immediately suspend a user's discharge,
after informal notice to the user, whenever such suspension is necessary
to stop an actual or threatened discharge, which reasonably appears
to present, or cause an imminent or substantial endangerment to the
health or welfare of persons. The Public Works Director may also immediately
suspend a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW, or which
presents, or may present, an endangerment to the environment.
B.
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Public Works Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Public Works Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Public Works Director that the period of endangerment has passed, unless the termination proceedings in Section 710.690 of this Article are initiated against the user.
C.
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Public Works Director prior to the date of any show cause or termination hearing under Sections 710.640 or 710.690 of this Article.
D.
Nothing in this Section shall be interpreted as requiring a hearing
prior to any emergency suspension under this Section.
[Ord. No. 3-66 §5, 5-9-2013]
A.
In addition to the provisions in Section 710.450 of this Article, any user who violates the following conditions is subject to discharge termination:
1.
Violation of individual wastewater discharge permit conditions;
2.
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
3.
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
4.
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling; or
5.
Violation of the pretreatment standards in 710.240 through 710.290
of this Article.
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 710.640 of this Article why the proposed action should not be taken. Exercise of this option by the Public Works Director shall not be a bar to, or a prerequisite for, taking any other action against the user.
[Ord. No. 3-66 §5, 5-9-2013]
When the Public Works Director finds that a user has violated,
or continues to violate, any provision of this Article, an individual
wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Public Works Director may
petition the Circuit Court of St. Francois County 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 individual wastewater discharge permit, order, or other requirement
imposed by this Article on activities of the user. The Public Works
Director 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.
[Ord. No. 3-66 §5, 5-9-2013]
A.
A user who has violated, or continues to violate, any provision of
this Article, an individual 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 five hundred
dollars ($500.00) 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.
B.
The Public Works Director may recover reasonable attorneys' 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.
C.
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.
D.
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
[Ord. No. 3-66 §5, 5-9-2013]
The remedies provided for in this Article are not exclusive.
The Public Works Director may take any, all, or any combination of
these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the City's enforcement
response plan. However, the Public Works Director may take other action
against any user when the circumstances warrant. Further, the Public
Works Director is empowered to take more than one enforcement action
against any non-compliant user.
[Ord. No. 3-66 §5, 5-9-2013]
A penalty of three hundred dollars ($300.00) shall be assessed
to any user for each day that a report required by this Article, a
permit or order issued hereunder is late, beginning five days after
the date the report is due. Higher penalties may also be assessed
where reports are more than thirty (30) to forty-five (45) days late.
Actions taken by the Public Works Director to collect late reporting
penalties shall not limit Public Works Director's authority to initiate
other enforcement actions that may include penalties for late reporting
violations.
[Ord. No. 3-66 §5, 5-9-2013]
The Public Works Director may decline to issue or reissue an
individual wastewater discharge permit to any user who has failed
to comply with any provision of this Article, a previous individual
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 Public Works Director to be necessary to achieve
consistent compliance.
[Ord. No. 3-66 §5, 5-9-2013]
The Public Works Director may decline to issue or reissue an
individual wastewater discharge to any user who has failed to comply
with any provision of this Article, a previous individual 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.
[Ord. No. 3-66 §5, 5-9-2013]
The Public Works Director may decline to issue or reissue an
individual wastewater discharge permit to any user who has failed
to pay any outstanding fees, fines or penalties incurred as a result
of any provision of this Article, a previous individual wastewater
discharge permit, or order issued hereunder.
[Ord. No. 3-66 §5, 5-9-2013]
Whenever a user has violated or continues to violate any provision
of this Article, an individual wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement,
water service to the user may be severed. Service will recommence,
at the user's expense, only after the user has satisfactorily demonstrated
its ability to comply.
[Ord. No. 3-66 §5, 5-9-2013]
A violation of any provision of this Article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Public Works Director. Any person(s) creating a public nuisance shall be subject to the provisions of Farmington's Nuisance Ordinance Section 215.010 through Section 215.050 governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance.
[Ord. No. 3-66 §5, 5-9-2013]
A.
For the purposes of this Article, upset means an exceptional incident
in which there is unintentional and temporary non-compliance with
categorical pretreatment standards because of factors beyond the reasonable
control of the user. An upset does not include non-compliance to the
extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance,
or careless or improper operation.
B.
An upset shall constitute an affirmative defense to an action brought for non-compliance with categorical pretreatment standards if the requirements of Subsection (C), below, are met.
C.
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
1.
An upset occurred and the user can identify the cause(s) of
the upset;
2.
The facility was at the time being operated in a prudent and
workman-like manner and in compliance with applicable operation and
maintenance procedures; and
3.
The user has submitted the following information to the Public
Works Director within twenty-four (24) hours of becoming aware of
the upset [if this information is provided orally, a written submission
must be provided within five (5) days]:
a.
A description of the indirect discharge and cause of non-compliance;
b.
The period of non-compliance, including exact dates and times
or, if not corrected, the anticipated time the non-compliance is expected
to continue; and
c.
Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the non-compliance.
D.
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
E.
Users shall have the opportunity for a judicial determination on
any claim of upset only in an enforcement action brought for non-compliance
with categorical pretreatment standards.
F.
Users shall control production of all discharges to the extent necessary
to maintain compliance with categorical pretreatment standards upon
reduction, loss, or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This
requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost,
or fails.
[Ord. No. 3-66 §5, 5-9-2013]
A.
A user shall have an affirmative defense to an enforcement action brought against it for non-compliance with the general prohibitions in Section 710.240(A) of this Article or the specific prohibitions in Sections 710.240(B)(3) through (18) of this Article if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
1.
A local limit exists for each pollutant discharged and the user
was in compliance with each limit directly prior to, and during, the
pass through or interference; or
2.
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when the
City was regularly in compliance with its NPDES permit, and in the
case of interference, was in compliance with applicable sludge use
or disposal requirements.
[Ord. No. 3-66 §5, 5-9-2013]
A.
For the purposes of this Section:
1.
Bypass means the intentional diversion of waste streams from
any portion of a user's treatment facility.
2.
Severe property damage means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays
in production.
C.
Bypass Notifications.
1.
If a user knows in advance of the need for a bypass, it shall
submit prior notice to the Public Works Director, at least ten (10)
days before the date of the bypass, if possible.
2.
A user shall submit oral notice to the Public Works Director
of an unanticipated bypass that exceeds applicable pretreatment standards
within twenty-four (24) hours from the time it becomes aware of the
bypass. A written submission shall also be provided within five (5)
days of the time the user becomes aware of the bypass. The written
submission shall contain a description of the bypass and its cause;
the duration of the bypass, including exact dates and times, and,
if the bypass has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the bypass. The Public Works Director may
waive the written report on a case-by-case basis if the oral report
has been received within twenty-four (24) hours.
D.
Bypass is prohibited, and the Public Works Director may take an enforcement
action against a user for a bypass, unless:
1.
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
2.
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate back-up equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
[Ord. No. 3-66 §5, 5-9-2013]
A.
The City may adopt reasonable fees for reimbursement of costs of
setting up and operating the City's Pretreatment Program, which may
include:
1.
Fees for wastewater discharge permit applications including
the cost of processing such applications;
2.
Fees for monitoring, inspection, and surveillance procedures
including the cost of collection and analyzing a user's discharge,
and reviewing monitoring reports and certification statements submitted
by users;
3.
Fees for reviewing and responding to accidental discharge procedures
and construction;
4.
Fees for filing appeals;
5.
Fees to recover administrative and legal costs (not included in Section 710.810(B) associated with the enforcement activity taken by the Public Works Director to address IU non-compliance; and
6.
Other fees as the City may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered
by this Article and are separate from all other fees, fines, and penalties
chargeable by the City.
