Chapter 715 Wastewater Pretreatment

If the user is a corporation:

(a)

The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or

(b)

The manager of one (1) or more manufacturing, production, or operation facilities; if authority to sign documents has been assigned or delegated to the manager in accordance with corporation procedures.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

BIOCHEMICAL OXYGEN DEMAND or BOD

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 designees.

(4)

The individuals described in Subsections (1) through (3) of this definition, above, may designate another authorized representative if the authorization is in writing and 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, 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 in terms of weight and concentration (mg/l).

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR 405 through 471.

CITY

The City of Milan or Board of Aldermen.

COLOR

The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density.

COMPOSITE SAMPLE

The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either time or flow.

CONTROL AUTHORITY

The approval authority, defined herein, or the Chief Operator.

COOLING WATER

The water discharged from any use such as air conditioning, cooling and refrigeration, or to which the only pollutant added is heat.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State of Missouri.

ENVIRONMENTAL PROTECTION AGENCY

The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official.

EXISTING SOURCE

Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.[1]

GENERAL MANAGER

The person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this Chapter, or the General Manager's duly authorized representative.

GRAB SAMPLE

A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

INDIRECT DISCHARGE or DISCHARGE

The introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c), or (d) of the Act.[2]

INDUSTRIAL USER

A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act.[3]

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE

A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment process or operations, 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 (40 CFR 403.3).

MEDICAL WASTES

Isolation wastes, infectious agents, human blood and blood products, pathological wastes, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

NATIONAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

Any regulation promulgated by the EPA in accordance with Section 307(b) and (c) of the Clean Water Act[4] which applies to a specific category of industrial users and provides limitations on the introduction of pollutants into POTWs. This term includes the prohibited discharge standards under 40 CFR 403.5, including local limits.

NATIONAL PROHIBITED DISCHARGES

Applicable to all non-domestic dischargers regarding the introduction of pollutants into POTWs set forth at 40 CFR 403.5.

NET/GROSS CALCULATIONS

An adjustment to categorical pretreatment standards to reflect the presence of pollutants in the industrial user's intake water (40 CFR 403.15).

NEW SOURCE

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[5] which 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 where 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

NINETY-DAY COMPLIANCE REPORT

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, will be considered.

(4)

Construction on a site at which an existing source is located results in a modification rather that a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection (2) or (3) of this definition, above, but otherwise alters, replaces, or adds to existing process or production equipment.

(5)

Construction of a new source, as defined under this Subsection, will be considered commenced if the owner or operator has:

(a)

Begun, or caused to begin, as pat of a continuous on-site construction program:

(i)

Any placement, assembly, or installation of facilities or equipment; or

(ii)

Begun site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(b)

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies shall not constitute a contractual obligation.

A report submitted by a categorical industrial user, within ninety (90) days following the date for final compliance with applicable categorical standards, or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, that documents and certifies the compliance status of the user [40 CFR 403.12(d)].

NON-CONTACT COOLING WATER

Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

NON-CONVENTIONAL POLLUTANTS

All pollutants which are not included in the list of conventional or toxic pollutants in 40 CFR 401.

NON-DOMESTIC USER

Any person who discharges, causes, or permits the discharge of wastewater from any facility other than a residential unit.

NON-DOMESTIC WASTE

Waste generated by any facility other than a residential unit.

NPDES PERMIT or NATIONAL POLLUTION DISCHARGE ELIMINATING SYSTEM PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

OPERATOR

The person responsible for the overall operation of a facility.

OWNER

The person who owns all or part of a facility.

PASS-THROUGH

A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's permit, including an increase in the magnitude or duration of a violation.

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.

A measure of the acidity or alkalinity of a solution, expressed in standard units.

POLLUTANT

Dredged soil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

PRETREATMENT STANDARDS FOR EXISTING SOURCES (PSES)

Categorical standards and requirements applicable to industrial sources that began construction after the publication of the proposed pretreatment standards for that industrial category.

PRETREATMENT STANDARDS FOR NEW SOURCES (PSNS)

Categorical standards and requirements applicable to industrial sources that began construction after the publication of the proposed pretreatment standards for that industrial category.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear at Section 715.020 of this Chapter.

PUBLICLY OWNED TREATMENT WORKS or POTW

A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to the treatment plant.

REGULATED WASTE STREAM

An industrial process waste stream regulated by a national categorical pretreatment standard.

RESOURCE CONSERVATION AND RECOVERY ACT

A Federal statute regulating the management of hazardous waste from its generation through ultimate disposal. The Act contains requirements for waste generators, transporters, and owners and operators of treatment, storage, and disposal facilities (42 U.S.C. § 6901 et seq.)

SELF-MONITORING SAMPLING

Sampling and analyses performed by the industrial user to ensure compliance with a permit or other regulatory requirements [40 CFR 402.12(b) and (g)].

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

SEWAGE

Human excrement and gray water (i.e., household showers, dish-washing operations, etc.).

SIGNIFICANT INDUSTRIAL USER

A user subject to categorical pretreatment standards; or

A user that:

(a)

Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and boiler blowdown wastewater); or

(b)

Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(c)

Is designated as such by the City on the basis that the user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE

Upon a finding that a user meeting the criteria in Subsection (2) of this definition, above, has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

SLUG LOAD

Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 715.020 of this Chapter.

A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

STORMWATER

Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, which is removable by laboratory filtering.

USER

A source of indirect discharge.

WASTEWATER

Liquid- and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT

That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

[1]

Editor's Note: See 33 U.S.C. § 1317.

[2]

Editor's Note: See 33 U.S.C. § 1317(b), (c), or (d), respectively.

[3]

Editor's Note: See 33 U.S.C. § 1342.

[4]

Editor's Note: See 33 U.S.C. § 1317(b) and (c).

[5]

Editor's Note: See 33 U.S.C. § 1317(c).

Section 715.020 General Wastewater Use Requirements.

[CC 2008 § 8-950]

Prohibited Discharge Standards.

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.

Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flash point of less than forty degrees Fahrenheit (40° F.) sixty degrees Celsius (60° C.) using the test methods specified in 40 CFR 261.21;

Wastewater having a pH less than five point zero (5.0) or more than eleven point zero (11.0), or otherwise causing corrosive structural damage to the POTW or equipment;

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 one half (1/2) inch or one and three-tenths (1.3) centimeters in any dimension;

Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either individually or by interaction with other pollutants, cause interference with the POTW;

Wastewater having a temperature greater than one hundred fifty degrees Fahrenheit (150° F.), sixty-five and five tenths degrees Celsius (65.5° 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.);

Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through;

Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause employee health and/or safety problems;

Trucked or hauled pollutants, except at discharge points designated by the General Manager in accordance with Section 715.030(D) of this Chapter;

Noxious or malodorous liquids, gases, solids, or other wastewater which, either individually or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry by employees into the wastewater system for maintenance or repair;

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;

Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;

Stormwater, surface water, groundwater, 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 General Manager;

Sludges, screenings, or other residues from the pretreatment of industrial wastes;

Medical wastes, except as specifically authorized by the General Manager in a wastewater discharge permit;

Wastewater which results in (along or in conjunction with other sources) the treatment plant's effluent to fail a toxicity test;

Detergents, surface-active agents, or other substances which may cause foaming n the POTW;

Fats, oils, or greases of animal or vegetable origin in concentrations greater than one hundred (100) mg/l; or

Wastewater causing reading on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than five percent (5%) or any reading over ten percent (10%) of the lower explosive limit of the meter.

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.

National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR 405 through 471 are hereby incorporated.

Where a categorical pretreatment standards is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the General Manager may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the General Manager may impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).

A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to the discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

Federal And State Pretreatment Standards.

The national categorical pretreatment standards found at 40 CFR405 through 471 are hereby incorporated; and

State pretreatment standards are hereby incorporated and shall apply in any case where they are more stringent than Federal requirements and limitations, or those set forth in this Chapter.

Modification Of Federal Categorical Pretreatment Standards.

[Ord. No. 2212, 3-19-2001]

Where the City's wastewater treatment system achieves consistent removal of pollutants limited by Federal pretreatment standards, the City may apply to the approval authority for modification of specific limits in the Federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system ninety-five percent (95%) of the samples taken when measured according to the procedures set forth at Section 403.7(c)(2) of 40 CFR 403, General Pretreatment Regulations for Existing and New Sources of Pollution, promulgated pursuant to the Act. The City may then modify pollutant discharge limits in the Federal pretreatment standards if the requirements contained at 40 CFR 403, Section 403.7 are fulfilled and prior approval from the approval authority is obtained.

The following pollutant limits are established to protect against pass-through and interference. No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits:

Pollutant	Limit (mg/l)
Copper, Cu	1.5
Nickel, Ni	2.2
Chromium, Cr	1.0
Zinc, Zn	5.5
Silver, Ag	0.5
Lead, Pb	0.5
Cadmium, Cd	1.0
Mercury, Hg	0.1
Arsenic, As	1.0
Cyanide, Cn	0.5
Phenols	20.0
Oil and grease	100.0
Ammonia (May 1 through October 31)	30.0
Ammonia (November 1 through April 30)	12.0
BOD5	1,200 #/day monthly average 2,400 #/day monthly peak
TSS	1,200 #/day monthly average 2,400 #/day monthly peak

The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. In addition to the above limitations, an instantaneous limit is imposed of four hundred (400) mg/l for both BOD5 and TSS.

Special Agreement. The City reserves the right to enter into special agreements with industrial users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the industrial user may request a net/gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from EPA. Such a request will be approved only if the industrial user can prove that factors relating to the discharge are fundamentally different from the factors considered by EPA when establishing the pretreatment standard. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13.

City's Right Of Revision. The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards/requirements on discharges to the POTW.

Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The General Manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

Section 715.030 Pretreatment Of Wastewater.

[CC 2008 § 8-960]

Pretreatment Facilities. Users shall provide wastewater treatment necessary to comply with this Chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 715.020 of this Chapter within the time limitations specified by EPA, the State, or the General Manager, whichever is the most stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the General Manager for review, and shall be acceptable to the General Manager before such facilities are constructed. The review of such plans and the operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Chapter.

Accidental Discharges And Slug Loadings. Each user shall provide protection from accidental discharge of prohibited materials or slug loadings of other substances regulated by this Chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the General Manager for review, and shall be approved by the General Manager before construction of the facility. No user who begins contributing to the POTW after the effective date of this Chapter, shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the General Manager. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this Chapter. In the case of an accidental discharge or slug loading, it is the responsibility of the user to immediately notify the City of the incident. The notification shall include location of discharge, type of waste, concentration, volume, and corrective actions. Notices required are:

Written Notice. Within five (5) days following an accidental discharge or slug loading, the user shall submit to the General Manager a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent future occurrences. Such notification shall not relieve the user of any fines, civil penalties, or other liability which may be imposed by this Chapter or other applicable Federal or State laws.

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

Tenant Responsibility. Where an owner of property leases premises to any other person as a tenant under any agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with this Chapter.

Hauled Wastewater.

Septic tank waste may be accepted into the POTW at a designated receiving structure within the treatment plant area, and at such times as are established by the General Manager, provided such wastes do not violate this Chapter or any other requirements established or adopted by the City. Wastewater discharge permits for individual vehicles to use such facilities shall be issued by the General Manager.

The discharge of hauled industrial wastes as industrial septage requires prior approval and a wastewater discharge permit for the City. The General Manager shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation. Waste haulers are subject to all Sections of this Chapter.

Fees for dumping septage may be established by the General Manager.

Section 715.040 Wastewater Discharge Permit Application.

[CC 2008 § 8-970]

Wastewater Analysis. When requested by the General Manager, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The General Manager is authorized to prepare a form for this purpose and may periodically require users to update this information.

Permit Requirement.

No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the General Manager, except that a significant industrial user that has filed a timely application pursuant to Subsection (C) of this Section may continue to discharge for the time period specified therein.

The General Manager may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this Chapter.

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Chapter and subjects the wastewater discharge permittee to the sanctions set out in Sections 715.100 through 715.120 of this Chapter. Obtaining a wastewater discharge permit does not relieve a permittee of the obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, or local laws.

Wastewater Discharge Permits: Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Chapter and who wishes to continue such discharges in the future, shall, within sixty (60) days after said date, apply to the General Manager for a wastewater discharge permit in accordance with Subsection (E) of this Section, and shall not cause or allow discharges to the POTW to continue after one hundred twenty (120) days of the effective date of this Chapter except in accordance with a wastewater discharge permit issued by the General Manager.

Wastewater Discharge Permits: New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain a permit prior to the beginning or recommencing of a discharge. An application for the wastewater discharge permit, in accordance with Subsection (E) of this Section, must be filed at least sixty (60) days prior to the date upon which any discharge will begin or recommence.

Permit Application.

All users required to obtain a wastewater discharge permit must submit a permit application. The General Manager may require all users to submit as part of an application the following information:

All information required by Section 715.060(A)(2) of this Chapter; and

Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; and

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

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

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

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; and

Time and duration of discharges; and

Any other information as may be deemed necessary by the General Manager to evaluate the wastewater discharge permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

Application Signatories And Certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible 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."

Permit Decisions. The General Manager will evaluate the data furnished by the user and may require additional information. Within twenty (20) days of receipt of a complete wastewater discharge permit application, the General Manager will determine if a wastewater discharge permit will be issued to the user. The General Manager may deny any application for a wastewater discharge permit.

Section 715.050 Permit Issuance Process.

[CC 2008 § 8-980]

Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the General Manager. Each wastewater discharge permit will indicate a specific date upon which it will expire.

Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the General Manager to prevent a pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect employee health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

Wastewater discharge permits may contain:

A statement that indicates the wastewater discharge permit duration, which in no event shall exceed five (5) years; and

A statement that the wastewater discharge permit is non-transferable without prior notification to the City in accordance with Section 715.050(E) of this Chapter, and provisions for furnishing the owner or operator with a copy of the existing wastewater discharge permit; and

Effluent limits based on applicable pretreatment standards; and

Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include the identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local laws; and

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 laws.

Wastewater discharge permits may contain, but are not limited to, the following conditions:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; and

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; and

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; and

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; and

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW; and

Requirements for installation and maintenance of inspection and sampling facilities and equipment; and

A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

Other conditions as deemed appropriate by the General Manager to ensure compliance with this Chapter, State and Federal laws, rules, and regulations.

Permit Appeals. The General Manager shall provide pubic notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the General Manager to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance.

Failure to submit a timely petition for review shall be a waiver of the rights to an administrative appeal.

In a petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, requested to be placed in the wastewater discharge permit.

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

If the General Manager fails to act within twenty (20) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the appropriate court for Sullivan County, Missouri.

Permit Modification. The General Manager may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised Federal, State, or local pretreatment standards or requirements; or

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; or

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; or

Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters; or

Violation of any terms or conditions of the wastewater discharge permit; or

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required report; or

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; or

To correct typographical or other errors in the wastewater discharge permit; or

To reflect a transfer of the facility ownership or operation to a new owner or operator.

Permit Transfer.

Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least forty-five (45) days' advance notice to the General Manager and the General Manager approves the wastewater discharge permit transfer. The notice to the General Manager must include a written certification by the new owner or operator which:

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes; and

Identifies the specific date on which the transfer is to occur; and

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

Permit Revocation.

The General Manager may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

Failure to notify the General Manager of significant changes to the wastewater prior to the changed discharge; or

Failure to provide prior notification to the General Manager of changed conditions pursuant to Section 715.060(E) of this Chapter; or

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; or

Falsifying self-monitoring reports; or

Tampering with monitoring equipment; or

Refusing to allow the General Manager timely access to the facility premises and records; or

Failure to meet effluent limitations; or

Failure to pay fines; or

Failure to pay wastewater charges; or

Failure to meet compliance schedules; or

Failure to complete a wastewater survey or the wastewater discharge permit application; or

Failure to provide demised premises in a timely fashion, and lessee shall be responsible for payment of all personal property taxes assessed against the property of the lessee of the demised premises and lessor shall have no liability therefor.

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Chapter.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for a wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 715.040(E) of this Chapter, a minimum of one hundred twenty (120) days prior to the expiration of the user's existing wastewater discharge permit.

Waste Received From Other Jurisdictions. Nothing in this Chapter shall be construed as preventing any special agreement or arrangement between the POTW and any user whereby wastewater of unusual strength or character is accepted into the POTW and specially treated and subject to any payments or user charges, as may be applicable. No discharge which violates pretreatment standards; however, will be allowed under the terms of such special agreements. If, in the opinion of the General Manager, the wastewater may have the potential to cause or result in any of the following circumstances, no such special agreement will be made:

Pass-through or interference; or

Endanger City employees or the general public.

Section 715.060 Reporting Requirements.

[CC 2008 § 8-990]

Baseline Monitoring Reports.

Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a categorical determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW, shall submit to the General Manager a report which contains the information listed in Subsection (B), below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the General Manager a report which contains the information listed in Subsection (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.

Users described in Subsection (A)(1) above shall submit the following information:

Identifying Information. The name and address of the facility, including the name of the operator and owner.

Environmental Permits. A list of any environmental control permits held by or for the facility.

Description Of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by the user. This description shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

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 forth in 40 CFR 403.6(9)(e).

Measurement Of Pollutants.

The categorical pretreatment standards applicable to each regulated process.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the General Manager, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set forth in Subsection (K) of this Section.

Section 715.080 Confidential Information.

Sampling must be performed in accordance with procedures set forth in Subsection (L) of this Section.

Certification. A statement, reviewed by the user's authorized representative, and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements set forth in Subsection (B) of this Section.

Signature And Certification. All baseline monitoring reports must be signed and certified in accordance with Section 715.040(F) of this Chapter.

Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Subsection (A)(2)(g) of this Section:

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 conducting routine operations); and

No increment referred to in Subsection (B)(1) above shall exceed nine (9) months; and

The user shall submit a progress report to the General Manager no later than fourteen (14) days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not the user 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

In no event shall more than nine (9) months elapse between such progress reports to the General Manager.

Reports On Compliance With Categorical Pretreatment Standard Deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the General Manager a report containing the information described in Subsection (A)(2)(d) through (f) of this Section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 715.040(F) of this Chapter.

Periodic Compliance Reports.

All significant industrial users shall, at a frequency determined by the General Manager but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 715.040(F) of this Chapter.

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.

If a user, subject to the reporting requirement in this Section, monitors any pollutant more frequently than required by the General Manager using the procedures prescribed in Subsection (L) of this Section, the results of this monitoring shall be included in the report.

Reports Of Changed Conditions. Each user must notify the General Manager of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater, at least thirty (30) days before the change.

The General Manager may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 715.040(E) of this Chapter.

The General Manager may issue a wastewater discharge permit under Section 715.040(G) of this Chapter or modify an existing wastewater discharge permit under Section 715.050(D) of this Chapter in response to changed conditions or anticipated changed conditions.

For purposes of this requirement, significant changes include, but are not limited to, flow increases of ten percent (10%) or greater, and the discharge of any previously unreported pollutants.

Reports Of Potential Problems.

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine or episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately notify the General Manager of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

Within five (5) days following such discharge, the user shall, unless waived by the General Manager, submit a detailed written report describing the cause(s) of the discharge and the measures taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this Chapter.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising users employees whom to call in the event of a discharge described in Subsection (A), above. Users shall ensure that its employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

Reports From Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the General Manager as the General Manager may require.

Notice Of Violation/Repeat Sampling And Reporting. If sampling performed by a user indicates a violation, the user must notify the General Manager within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of this analysis to the General Manager within thirty (30) days after becoming aware of the violation. The user is not required to resample if the General Manager monitors at the user's facility at least once a month, or if the General Manager samples between the user's initial sampling and when the user receives the results of this sampling.

Notification Of The Discharge Of Hazardous Waste.

Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes; an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this Subsection shall be submitted for each hazardous waste discharged. Notifications of changed conditions; however, must be submitted under Subsection (E) of this Section. The notification requirement in this Section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Subsections (A), (C) and (D) of this Section.

Users are exempt from the requirements of Subsection (A), above, during a calendar month in which a discharge is less than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). A discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time modification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the General Manager, the EPA Regional Waste Management Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

In the case of any notification made under this Section, the user shall certify that a program is in place to reduce the volume and toxicity of hazardous wastes generated to the degree user has determined to be economically practical.

This Section does not create a right to discharge any substance not otherwise permitted to be discharged by this Chapter, a permit issued thereunder, or any applicable Federal or State law.

Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

Sample Collection.

Except as indicated in Subsection (K)(2), below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the General Manager may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

Recordkeeping. Users subject to the reporting requirements of this Chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the General Manager.

Section 715.070 Compliance Monitoring.

[CC 2008 § 8-1000]

Right Of Entry: Inspection And Sampling. The General Manager shall have the right to enter the premises of any user to determine whether the user is complying will all requirements of this Chapter and any wastewater discharge permit or order hereunder. Users shall allow the General Manager ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the General Manager will be permitted to enter without delay for the purposes of performing specific responsibilities.

The General Manager shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

The General Manager may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at is own expense. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the General Manager and shall not be replaced. The costs of clearing such access shall be borne by the user.

Unreasonable delays in allowing the General Manager access to the user's premises shall be a violation of this Chapter.

Search Warrants. If the General Manager has been refused access to a building, structure, or property, or any part thereof, and can demonstrate probable cause that there may be a violation of this Chapter, 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 Chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the General Manager may seek issuance of a search warrant.

[CC 2008 § 8-1020]

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the General Manager'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 General Manager 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, characteristics, and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the general public without restriction.

Section 715.090 Publication Of Users In Significant Non-Compliance.

[CC 2008 § 8-1030]

The General Manager shall publish annually, in a newspaper published in the City, a list of the users which, during the previous twelve (12) months, were in significant non-compliance with applicable pretreatment standards and requirements. The term "significant non-compliance" shall mean:

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; or

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 daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); or

Any other discharge violation that the General Manager believes has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public; or

Any discharge of pollutants that has caused imminent endangerment to the general public or to the environment, or has resulted in the General Manager's exercise of emergency authority to halt or prevent such a discharge; or

Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; or

Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; or

Failure to accurately report non-compliance; or

Any other violation(s) which the General Manager determines will adversely affect the operation or implementation of the local pretreatment program.

Section 715.100 Administrative Enforcement Remedies.

[CC 2008 § 8-1040]

Notification Of Violation. When the General Manager finds that a user has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the General Manager may serve upon that user a written notice of violation. Within ten (10) days of the receipt of this 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 General Manager. Submission of this 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 General Manager to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Consent Orders. The General Manager may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such documents will 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 Subsections (D) and (E) of this Section and shall be judicially enforceable.

Show Cause Hearing. The General Manager may order a user which has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the General Manager 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 ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Compliance Orders. When the General Manager finds that a user has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the General Manager may issue an order to the user responsible for the discharge directing that the user come into compliance within thirty (30) days. If the user does not come into compliance within thirty (30) days, 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 wastewater system. A compliance order may not extend the deadline for compliance established for a pretreatment standard 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.

Cease-And-Desist Orders.

When the General Manager finds that a user has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the General Manager may issue an order to the user directing it to cease and desist all such violations and directing the user to:

Immediately comply with all requirements; and

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.

Administrative Fines. Not withstanding any other Section of this Chapter, any user found to have violated any provision of this Chapter, permit, and orders issued hereunder, shall be fined as set forth in Chapter 100, Article III of this Code. Each day which non-compliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled wastewater service charge and the General Manager shall have other collection remedies. Industrial users desiring to dispute such fines must file a request for the General Manager to reconsider the fine within ten (10) days of being notified of the fine. Where the General Manager believes a request has merit, he/she shall convene a hearing on the matter within fifteen (15) days of receiving the request from the industrial user.

Emergency Suspensions.

The General Manager 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 the general public. The General Manager 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.

Any user notified of a suspension of a discharge shall immediately stop or eliminate the discharge. In the event of a user's failure to immediately comply voluntarily with the suspension order, the General Manager may take such steps as deemed necessary, including immediate severance of the wastewater connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The General Manager may allow the user to recommence its discharge when the user has demonstrated, to the satisfaction of the General Manager, that the period of endangerment has passed, unless the termination proceedings in Subsection (H) of this Section are initiated against the user.

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 General Manager prior to the date of any show cause or termination hearing under Subsections (C) and (H) of this Section.

Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.

Termination Of Discharge.

In addition to the provisions in Section 715.050(F) of this Chapter, any user who violates the following conditions is subject to discharge termination:

Violation of wastewater discharge permit conditions; or

Failure to accurately report the wastewater constituents and characteristics of a discharge; or

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; or

Refusal of reasonable access to the user's premises for the purpose of inspecting, monitoring, or sampling; or

Violation of the pretreatment standards in Section 715.020 of this Chapter.

Such user will be notified of the proposed termination of user's discharge and may be offered an opportunity to show cause under Subsection (C) of this Section. Exercise of this option by the General Manager shall not be a bar to, or a prerequisite for, taking any other action against the user.

Section 715.110 Judicial Enforcement Remedies.

[CC 2008 § 8-1050]

Injunctive Relief. When the General Manager finds that a user has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the General Manager may petition the Circuit Court through the City's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this Chapter on activities of the user. The General Manager may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

Civil Penalties.

A user who has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, shall be fined as set forth in Chapter 100, Article III of this Code. 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.

The General Manager may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

In determining the amount of civil liability, the Court having jurisdiction 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.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

Criminal Prosecution.

A user who willfully or negligently violates any provision of this Chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of an ordinance violation, punishable by a fine of not more than the maximum fine allowed under State law per violation, per day, or imprisonment as allowed under State law, or both.

A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of an ordinance violation and be subject to a penalty of at least the maximum fine allowable under State law, or be subject to imprisonment for not more than the maximum time allowable under State law or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter shall, upon conviction, be punished by a fine of not more than the maximum fine allowable under State law per violation, per day, or imprisonment for not more than the maximum time allowable under State law, or both.

In the event of a second conviction, a user shall be punished by a fine of not more than the maximum fine allowable under State law per violation, per day, or imprisonment for not more than the maximum time allowable under State law, or both.

Remedies Non-Exclusive. The remedies provided for in this Chapter are not exclusive. The General Manager may take any, all, or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the General Manager may take other action against any user when the circumstances warrant. Further, the General Manager is empowered to take more than one (1) enforcement action against any non-compliant user.

Section 715.120 Supplemental Enforcement Action.

[CC 2008 § 8-1060]

Performance Bonds. The General Manager may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the General Manager to be necessary to achieve consistent compliance.

Liability Insurance. The General Manager may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

Water Supply Severance. Whenever a user has violated or continues to violate any provision of this Chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence after user has satisfactorily demonstrated an ability to comply.

Public Nuisance. A violation of any provision of this Chapter, a 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 General Manager. Any person(s) creating a public nuisance shall be subject to the provisions of the City Code governing such nuisance, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance.

Informant Rewards. The General Manager may pay up to one hundred dollars ($100.00) for information leading to the discovery of non-compliance by a user. In the event that the information provided results in a civil penalty or an administrative fine levied against the user, the General Manager may disperse up to one percent (1%) of the collected fine or penalty to the informant. However, a single reward payment may not exceed two hundred dollars ($200.00).

Contractor Listing. Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the City. Existing contracts for the sale of goods or services to the City held by a user found to be in significant non-compliance with pretreatment standards or requirements may be terminated at the discretion of the General Manager.

Section 715.130 Affirmative Defenses To Discharge Violations.

[CC 2008 § 8-1070]

Upset.

For the purposes of this Section, "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.

An upset shall constitute an affirmative defense to an action brought for non-compliance with categorical pretreatment standards if the requirements of Subsection (A)(3), below, are met.

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

An upset occurred and the user can identify the causes(s) of the upset; and

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

The user has submitted the following information to the General Manager within twenty-four (24) hours of becoming aware of the upset, if this information is provided orally, a written report containing the following information must be submitted within five (5) days:

A description of the indirect discharge and cause of non-compliance; and

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

The steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the non-compliance.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

Users will 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.

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.

Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought for non-compliance with the general prohibitions in Section 715.020(A)(1) of this Chapter or the specific prohibitions in 715.020(A)(2)(c) through (r) of this Chapter if the user can prove that the user did not know, or have reason to know, that a discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:

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

No local limit existed, but the discharge did not change substantially in nature or constituents from the user's prior discharge when in compliance with the NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

Bypass.

For the purposes of this Subsection:

BYPASS

The intentional diversion of waste streams from any portion of a user's treatment facility.

SEVERE PROPERTY DAMAGE

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.

A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsection (C)(3) and (4) of this Section.

User To Provide Notice Of Bypass.

If a user knows in advance of the need for a bypass, the user shall submit prior notice to the General Manager, at least five (5) days before the date of the bypass, if possible.

A user shall submit oral notice to the General Manager of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time user 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 the 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 General Manager may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

Bypass Prohibited; Exceptions.

A bypass is prohibited, and the General Manager may take an enforcement action against a user for a bypass, unless:

The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and

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