[Ord. No. 7854 § 2, 4-2-2018[1]]
A.
Before any license shall be issued to any person to engage in business
as a septic tank sanitary pumper operator in the City by the City
Clerk, the Chief of Police shall inspect the vehicle to be used in
connection with such business and shall certify to the City Clerk
that said vehicle meets the following specifications and conditions:
1.
All vehicles used in connection with such business shall be
equipped with a heavy-gauge steel, airtight tank with a valve at the
rear to prevent leakage while in transit through the streets of the
City.
2.
Septic tank sanitary cleaning equipment will be painted aluminum
and kept painted in good condition.
[1]
Editor's Note: This Chapter also repealed former Ch. 710, Sewers and Sewage Disposal, Art. I, In General, adopted and amended by R.O. 2007, § 37-21; Ord. No. 2092, § 13, 1-2-1962; and Art. II, Sewer Use, adopted and amended by R.O. 2007 §§ 37-76 through 102.20; Ord. No. 6183 § 1, 6-21-1999; Ord. No. 7487 § 1, 4-7-2014.
[Ord. No. 7854 § 2, 4-2-2018]
A.
Purpose And Policy.
1.
This Chapter sets forth in the following portions of Chapter 710 uniform requirements for users of the publicly owned treatment works for the City of Poplar Bluff and enables Poplar Bluff to comply with all applicable State and Federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR 403). The objectives of this Chapter are:
a.
To prevent the introduction of pollutants into the publicly
owned treatment works that will interfere with its operation;
b.
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;
c.
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;
d.
To promote reuse and recycling of industrial wastewater and
sludge from the publicly owned treatment works;
e.
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.
2.
This Chapter shall apply to all users of the publicly owned
treatment works. The Chapter authorizes the issuance of individual
wastewater discharge; provides for monitoring, compliance, and enforcement
activities; establishes administrative review procedures; requires
user reporting.
[Ord. No. 7854 § 2, 4-2-2018]
Except as otherwise provided herein, the Superintendent shall
administer, implement, and enforce the provisions of this Chapter.
Any powers granted to or duties imposed upon the Superintendent may
be delegated by the Superintendent to a duly authorized City employee.
[Ord. No. 7854 § 2, 4-2-2018]
The following abbreviations, when used in this Chapter, shall
have the designated meanings:
Best management practice.
Baseline monitoring report.
Biochemical oxygen demand.
Code of Federal Regulations.
Categorical industrial user.
Chemical oxygen demand.
United States Environmental Protection Agency.
Gallons per day.
Industrial user.
Milligrams per liter.
National Pollutant Discharge Elimination System.
Nonsignificant categorical industrial user.
Publicly owned treatment works.
Resource Conservation and Recovery Act.
Significant industrial user.
Significant noncompliance.
Total suspended solids.
United States Code.
[Ord. No. 7854 § 2, 4-2-2018]
A.
ACT OR THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
1.
2.
3.
4.
BEST MANAGEMENT PRACTICES (BMPS)
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
BUILDING DRAIN
BUILDING SEWER
CATEGORICAL INDUSTRIAL USER
CATEGORICAL STANDARDS
CHEMICAL OXYGEN DEMAND (COD)
CITY
COMBINED SEWER
CONTROL AUTHORITY
DAILY MAXIMUM
DAILY MAXIMUM LIMIT
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY (EPA)
EXISTING SOURCE
GARBAGE
GRAB SAMPLE
INDIRECT DISCHARGE
INDUSTRIAL USER
INDUSTRIAL WASTES
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
LOCAL LIMIT
MEDICAL WASTE
MONTHLY AVERAGE
MONTHLY AVERAGE LIMIT
NATIONAL (OR FEDERAL) CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT
STANDARD
NATURAL OUTLET
NEW SOURCE
1.
a.
b.
c.
2.
3.
a.
b.
NONCONTACT COOLING WATER
PASS THROUGH
PERSON
pH
POLLUTANT
PPM (DENOTING PARTS PER MILLION)
PRETREATMENT
PRETREATMENT REQUIREMENTS
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
PUBLICLY OWNED TREATMENT WORKS (POTW)
RECEIVING STREAM
SANITARY SEWER
SEPTIC TANK WASTE
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
SIGNIFICANT INDUSTRIAL USER (SIU)
1.
a.
b.
c.
d.
2.
a.
b.
c.
3.
4.
SLUG OR SLUG LOAD
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STANDARD LABORATORY METHODS
STORM DRAIN (SOMETIMES TERMED "STORM SEWER")
STORMWATER
SUPERINTENDENT
TOTAL SUSPENDED SOLIDS OR SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
UTILITIES MANAGER
WASTEWATER
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT
WATERCOURSE
WATERS OF THE STATE
Unless
the context specifically indicates otherwise, the meaning of terms
used in this Chapter shall be as follows:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. §§ 1251, et
seq.
The Missouri Department of Natural Resources; also known
as the MODNR.
An authorized representative of an industrial user may be:
A principal executive officer of at least the level of Vice
President, if the industrial user is a corporation; or the manager
of one (1) or more manufacturing, production, or operating facilities,
provided that 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.
A general partner or proprietor, if the industrial user is a
partnership or proprietorship, respectively.
A director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee, if the industrial user is a Federal,
State, or local governmental facility.
A duly authorized representative of the individual designated
above, if such representative is responsible for the overall operation
of the facilities from which the indirect discharge originates. Written
authorization must be submitted to the City before the representative
starts representing the industrial user.
The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 710.180. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen used in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5)
days at twenty degrees Celsius (20° C.), expressed in milligrams
per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five (5) feet [one and one-half (1.5) meters] outside the
inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
An industrial user subject to a categorical pretreatment
standard or categorical standard.
See "National Categorical Pretreatment Standards or pretreatment
standard."
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
The City of Poplar Bluff, Missouri.
A sewer receiving both surface runoff and sewage.
The City.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
The discharge of treated or untreated wastewater directly
to the waters of the State of Missouri.
The United States Environmental Protection Agency or, where
appropriate, the regional water management division director or other
duly authorized official of said agency.
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 a source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
Solid wastes from domestic and commercial preparation, cooking
and dispensing of food and from the handling, storage and sale of
produce.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and over a period
not to exceed fifteen (15) minutes.
The discharge or introduction of nondomestic pollutants from
any source regulated under Section 307(b), (c) or (d) of the Act (33
U.S.C. § 1317) into the POTW.
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to Section
402 of the Act (33 U.S.C. § 1342).
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge, which alone or in conjunction with a discharge
or discharges from another source, 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 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, pathology 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 regulation, including, but not limited to, prohibited
discharge standards, categorical pretreatment and local limits, containing
pollutant discharge limits promulgated by the EPA in accordance with
Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which
applies to a specific category of industrial users and that appear
in 40 CFR Chapter I, Subchapter N.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
Any building, structure, facility or installation (hereafter
called building) 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 which will
be applicable to such source if such standards are thereafter promulgated
in accordance with that Section, provided that:
The building is constructed at a site at which no other source
is located;
The building 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
are substantially independent of an existing source at the same time.
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 meeting the criteria of Subsection (1)(b) or (c) above, but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under this definition
has commenced if the owner or operator has:
Begun or caused to begin, as part of a continuous on-site construction
program:
Entered into a binding contractual obligation for the purchase
of facilities or equipment which is 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 definition.
The water which does not come into contact with any raw materials,
intermediate product, waste product, or finished product. This includes
discharge from any use such as air conditioning, cooling or refrigeration
or to which the pollutant added is heat.
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, firm, company, association, society, corporation,
group, 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.
The negative logarithm of the hydrogen ion concentration
measuring the acidity or alkalinity of a solution in gram equivalents
per liter of solution, expressed in standard units.
Dredged spoil, solid waste, incinerator residue, filter,
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural and industrial wastes and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity or odor).
The concentration of a material in pounds per million pounds
of water (1 ppm = 1 milligram/liter, mg/l).
The reduction of pollutants, the elimination of pollutants
or the alteration of the nature of pollutant properties in wastewater
to a less harmful state prior to discharging or otherwise introducing
such pollutants into the sewage works. The reduction or alteration
can be obtained by physical, chemical or biological processes or other
means except as prohibited by 10 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard, 10 CFR 403.6(d).
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 710.180.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than one-half (1/2) inch (one
and twenty-seven hundredths (1.27) centimeters) in any dimension.
A sewer in which all owners of abutting properties have equal
rights and is controlled by public authority.
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1929) which is owned in this instance by the City.
This definition includes any sewers that convey wastewaters to the
POTW treatment plant, but does not include pipes, sewers or other
conveyances not connected to a facility providing treatment. For purposes
of this Chapter, the term "POTW" shall also include any sewers that
convey wastewaters to the POTW from persons outside the City who are,
by contract or agreement with the City, users of the City's POTW.
Any natural watercourse into which water, treatment plant
effluent, combined sewer overflow or stormwater is discharged.
A sewer which carries sewage and to which storm, surface
and ground waters are not intentionally admitted.
Any sewage from holding tanks, such as vessels, chemical
toilets, campers, trailers and septic tanks.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground, surface and storm waters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
Any user of the City's wastewater disposal system who:
Is subject to categorical pretreatment standards;
Discharges an average of twenty-five thousand (25,000) gallons
per day (gpd) or more of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown water); or
Contributes a process waste stream that 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.
The City may determine that an industrial user subject to categorical
pretreatment standards is a nonsignificant categorical industrial
user rather than a significant industrial user on a finding that the
industrial user never discharges more than one hundred (100) gallons
per day (gpd) of total categorical wastewater (excluding sanitary,
noncontact cooling and boiler blowdown wastewater, unless specifically
included in the pretreatment standard) and the following conditions
are met:
The industrial user, prior to City's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The industrial user annually submits the certification statement required in Section 710.400(B)(3), together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated concentrated
wastewater.
Upon finding that a user meeting the criteria in Subsection (2) of this definition 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 the procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Nonsignificant categorical industrial users are subject to an
annual evaluation to determine NSCIU status and are still required
to comply with applicable categorical pretreatment standards.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 710.180 of this Chapter. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary 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.
A classification pursuant of the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Methods of analyses and testing as outlined in the latest
edition of "Standard Methods for the Examination of Water and Sewage"
published jointly by the American Public Health Association, the American
Water Works Association and the Water Pollution Control Federation.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snow
melt.
The Manager of the City Light and Water-Sewer Departments
of the City of Poplar Bluff or his/her authorized deputy, agent or
representative.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA 307 (a) or other Acts.
Any person who contributes, causes or permits the contribution
of wastewater into the City's POTW.
The Utilities Manager of the City Light and Water-Sewer Departments
of the City of Poplar Bluff or his/her authorized deputy, agent or
representative.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
whether treated or untreated, which is contributed with or permitted
to enter the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
A channel in which a flow of water occurs, either continuously
or intermittently.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the State or any portion thereof.
[Ord. No. 7854 § 2, 4-2-2018]
It shall be unlawful for any person to place, deposit or permit
to be deposited in any unsanitary manner on public or private property
within the City of Poplar Bluff, or in any area under the jurisdiction
of said City, any human or animal excrement, garbage or other objectionable
waste.
[Ord. No. 7854 § 2, 4-2-2018]
It shall be unlawful to discharge to any natural outlet within
the City of Poplar Bluff, or in any area under the jurisdiction of
said City, any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions
of this Chapter.
[Ord. No. 7854 § 2, 4-2-2018]
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for the disposal of sewage.
[Ord. No. 7854 § 2, 4-2-2018]
The owner of all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes, situated within
the City and abutting on any street, alley or right-of-way in which
there is not located or may in the future be located a public sanitary
or combined sewer of the City, is hereby required at his/her expense
to install suitable toilet facilities directly with the proper public
sewer in accordance with the provisions of this Chapter within ninety
(90) days after date of official notice to do so, provided that said
public sewer is within one hundred (100) feet (thirty and one-half
(30.5) meters) of the property line.
[Ord. No. 7854 § 2, 4-2-2018]
A.
Where a public sanitary or combined sewer is not available under the provisions of Section 710.060, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Chapter.
B.
Before commencement of construction of private sewage disposal system,
the owner shall first obtain a written permit signed by the Superintendent.
The application for such permit shall be made on a form furnished
by the City, which the applicant shall supplement by any plans, specifications
and other information as are deemed necessary by the Superintendent.
A permit and inspection fee of fifty dollars ($50.00) shall be paid
to the City at the time the application is filed.
C.
A permit for a private sewage disposal system shall not become effective
until the installation is completed to the satisfaction of the Superintendent.
He/she shall be allowed to inspect the work at any stage of construction
and, in any event, the applicant for the permit shall notify the Superintendent
when the work is ready for final inspection and before any underground
portions are covered. The inspection shall be made within twenty-four
(24) hours of the receipt of notice by the Superintendent.
D.
The type, capacities, location and layout of a private disposal system
shall comply with all recommendations of the Division of Health of
the State of Missouri and the Missouri Department of Natural Resources.
No permit shall be issued for any private sewage disposal system employing
subsurface soil absorption facilities where the area of the lot is
less than fifteen thousand (15,000) square feet [one thousand three
hundred three and one-half (1,303.5) square meters]. No septic tank
or cesspool shall be permitted to discharge to any natural outlet.
E.
At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in Section 710.060, a direct connection shall be made to the public sewer in compliance with this Chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable materials.
F.
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times, at no expense to the
City.
G.
No statement contained in this Chapter shall be construed to interfere
with any additional requirements that may be imposed by the Health
Officer of the City of Poplar Bluff, the Missouri Division of Health,
the Missouri Department of Natural Resources or the Building Inspector
of the City of Poplar Bluff.
H.
When a public sewer becomes available, the building sewer shall be
connected to said sewer within sixty (60) days and the private sewage
disposal system shall be cleaned of sludge and filled with clean gravel
or dirt.
[Ord. No. 7854 § 2, 4-2-2018]
A.
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent, except that a significant industrial user that has filed a timely application pursuant to Section 710.400, of this Chapter may continue to discharge for the time period specified therein.
B.
The Superintendent may require other users to obtain individual wastewater
discharge permits as necessary to carry out the purposes of this Chapter.
C.
Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this Chapter and subjects the wastewater discharge permittee to the sanctions set out in Sections 710.460 and 710.470. 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. 7854 § 2, 4-2-2018]
B.
In either case, the owner or his/her agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of fifty dollars ($50.00) for a residential building sewer permit and one hundred dollars ($100.00) for a commercial or industrial building sewer permit shall be paid to the City at the time the application is filed. An additional fee will be charged to any significant industrial user (SIU) as defined by this Chapter in accordance with Section 710.450.
[Ord. No. 7854 § 2, 4-2-2018]
All costs and expenses incident to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the City from any loss or damage that may directly or indirectly
be occasioned by the installation of the building sewer.
[Ord. No. 7854 § 2, 4-2-2018]
A separate and independent building sewer shall be provided
for every building; except where one (1) building stands at the rear
of another on an interior lot and no private sewer is available or
can be constructed to the rear building through an adjoining alley,
courtyard or driveway, the building sewer from the front building
may be extended to the rear building and the whole considered as one
(1) building sewer.
[Ord. No. 7854 § 2, 4-2-2018]
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the Superintendent,
to meet all requirements of this Chapter.
[Ord. No. 7854 § 2, 4-2-2018]
The size, slope, alignment, materials of construction of a building
sewer and the methods to be used in excavating, placing of the pipe,
jointing, testing, backfilling the trench shall all conform to the
requirements of the building and plumbing code or other applicable
rules and regulations of the City. In absence of code provisions or
in amplification thereof, the materials and procedures set forth in
appropriate specifications of the American Society of Testing and
Materials (ASTM) and Water Pollution Control Federation (WPCF) Manual
of Practice No. 9 shall apply.
[Ord. No. 7854 § 2, 4-2-2018]
Whenever possible, the building sewer shall be brought to the
building at an elevation below the basement floor. In all buildings
in which any building drain is too low to permit gravity flow to the
public sewer, sanitary sewage carried by such building drain shall
be lifted by an approved means and discharged to the building sewer.
[Ord. No. 7854 § 2, 4-2-2018]
No person shall make connection of roof downspouts, interior
and exterior foundation drains, areaway drains or other sources of
surface runoff or groundwater to a building sewer or building drain
which in turn is connected directly or indirectly to a public sanitary
sewer.
[Ord. No. 7854 § 2, 4-2-2018]
A.
The connection of the building sewer into the public sewer shall
conform to the requirements of the building and plumbing code or other
applicable rules and regulations of the City or the procedures set
forth in appropriate specifications of the American Society of Testing
and Materials (ASTM) and the Water Pollution Control Federation (WPCF)
Manual of Practice No. 9. All such connections shall be made gas-tight
and water-tight. Any deviation from the prescribed procedures and
materials must be approved by the Superintendent before installation.
Connections shall be made only by individuals holding a license to
practice plumbing in the City of Poplar Bluff.
B.
The applicant for the building sewer permit shall notify the Superintendent
when the building sewer is ready for inspection and connection to
the public sewer. The connection shall be made under the supervision
of the Superintendent or his/her representative.
[Ord. No. 7854 § 2, 4-2-2018]
All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the City.
[Ord. No. 7854 § 2, 4-2-2018]
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.
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, including
interior and exterior foundation drains, uncontaminated cooling water
or unpolluted industrial process waters to any sanitary sewer.
C.
Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically designated as combined sewers or
storm sewers or to a natural outlet approved by the Superintendent.
Industrial cooling water or unpolluted process waters may be discharged
on approval of the Superintendent to a storm sewer, combined sewer
or natural outlet.
D.
No person shall discharge or cause to be discharged any of the following
described waters or wastes to any public sewers:
1.
Any liquid or vapor having a temperature higher than one hundred
fifty degrees Fahrenheit (150° F.); however, if the volume of
discharge represents a significant portion of the flow resulting in
a temperature in excess of one hundred four degrees Fahrenheit (104°
F.) into the treatment facility, a lower limit may be prescribed by
the Superintendent.
2.
Any water or wastes containing fats, wax, grease or oils, whether
emulsified or not, in excess of one hundred (100) milligrams per liter
or containing substances which may solidify or become viscous at temperatures
between thirty-two degrees Fahrenheit (32° F.) and one hundred
fifty degrees Fahrenheit (150° F.) [zero degrees (0°) and
sixty-five degrees Celsius (65° C.)].
3.
Any garbage that has not been properly shredded, material must
be able to pass through a ten (10) mesh screen. The installation and
operation of any garbage grinder equipped with a motor of three-fourths
(3/4) horsepower or greater shall be subject to the review and approval
of the Superintendent and any floor drains larger than four (4) inches
shall have a grate cover welded or bolted in place.
4.
Any wastewater having a pH less than five and one-half (5.5)
or greater than nine and one-half (9.5), unless the POTW is specifically
designed to accommodate such wastewater or wastewater having any other
corrosive property capable of causing damage or hazard to structures,
equipment or personnel of the POTW.
5.
Any liquids, solids or gases which by reason of their nature
or quantity are or may be sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in
any other way to the POTW or to the operation of the POTW.
a.
At no time shall two (2) successive readings on an explosion
hazard meter, at the point of discharge into the system (or at any
point in the system), be more than five percent (5%) nor any single
reading over ten percent (10%) of the lower explosive limit (LEL)
of the meter.
b.
This prohibition shall include, but not be 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 test methods described in 40 CFR 261.21.
c.
Prohibited materials include, but are not limited to, gasoline,
kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones,
aldehydes and sulfides and any other substances which the City, the
State or the EPA has notified the user is a fire hazard or a hazard
to the system.
6.
Any solid or viscous material which could cause an obstruction
to flow in the sewers or in any way interfere with the treatment process.
Examples of such materials include, but are not limited to, ashes,
wax, paraffin, cinders, sand, mud, straw, shavings, metal, glass,
rags, lint, feathers, tars, plastics, wood and sawdust, paunch manure,
bair and fleshings, entrails, lime slurries, grinding compounds, acetylene
generation sludge, chemical residues, acid residues, food processing
bulk solids, refuse and debris not normally contained in sanitary
sewage.
7.
Any water or waste containing a toxic or poisonous liquid, gas
or solid in sufficient quantity (acting either singly or by interaction
with other wastes) to injure or interfere with any sewage works process,
to constitute a hazard to humans or to animals, to create any hazard
in the waters which receive treatment plant effluent, combined sewer
overflow or stormwater or that exceeds the limitation set forth in
a pretreatment standard. A toxic pollutant shall include, but not
be limited to, any pollutant identified pursuant to Section 307(a)
of the Act.
8.
Any radioactive wastes or isotopes of such half-life or concentration
which may exceed limits established by the latest State and Federal
regulations and the Superintendent.
9.
Any concentrated dye wastes or other wastes which are either
highly colored or could become highly colored by reacting with other
wastes.
10.
Unusual concentrations of inert suspended solids (such as, but
not limited to, Fuller's earth, lime slurries and lime residues)
or of dissolved solids, (such as, but not limited to, sodium chloride
or sodium sulfate).
11.
Unusual volume of flow or concentration of wastes constituting
slugs as defined herein.
12.
Any waters or wastes having an average daily flow greater than
one percent (1%) of the average sewage flow of the City shall be subject
to the review of the Superintendent. Where necessary in the opinion
of the Superintendent, the owner shall provide, at his/her expense,
such preliminary treatment as may be necessary to control the quantities
and rates of discharge of such waters or wastes.
13.
Plans, specifications and any other pertinent information relating
to proposed preliminary treatment facilities shall be submitted for
the approval of the Superintendent and no construction of such facilities
shall be commenced until said approvals are obtained in writing.
14.
Petroleum oil, nonbiodegradable cutting oil or products of mineral
oil origin in amounts that will cause interference or pass through.
15.
Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with Section 710.250.
16.
Medical wastes, except as specifically authorized by the Superintendent
in a wastewater discharge permit.
17.
Any material or substance not specifically mentioned in this
Section which is in itself corrosive, irritating to human beings and
animals, toxic or noxious or which by interaction with other wastes
could produce undesirable effects, including deleterious action on
the sewage works, adversely affect any treatment process, constitute
a hazard to human or animals or have an adverse effect upon the receiving
stream.
18.
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.
E.
When the Superintendent determines that a user(s) is contributing
to the POTW any of the above substances in such amounts as to interfere
with the operation of the POTW, the Superintendent shall:
[Ord. No. 7854 § 2, 4-2-2018]
A.
The Superintendent is authorized to establish local limits pursuant
to 40 CFR 403.5(c).
B.
The Superintendent may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements in Section 710.180.
C.
City's Rights Of Revision. 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 Chapter.
[Ord. No. 7854 § 2, 4-2-2018]
A.
Upon promulgation of the Federal categorical pretreatment standards
for a particular industrial subcategory, the Federal standard, if
more stringent than limitations imposed under this Chapter for sources
in that subcategory, shall immediately supersede the limitations imposed
under this Chapter. The Superintendent shall notify all affected users
of the limitations contained in the Federal standard.
B.
Users must comply with the categorical pretreatment standards found
at 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.
C.
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the Superintendent may impose equivalent concentration or mass limits
in accordance with the sections below.
D.
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 Superintendent. The City may establish equivalent mass limits
only if the industrial user meets all the conditions set forth in
Sections below.
1.
To be eligible for equivalent mass limits, the industrial user
must:
a.
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;
b.
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;
c.
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;
d.
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
e.
Have consistently complied with all applicable categorical pretreatment
standards during the period prior to the industrial user's request
for equivalent mass limits.
2.
An industrial user subject to equivalent mass limits must:
a.
Maintain and effectively operate control and treatment technologies
adequate to achieve compliance with the equivalent mass limits;
b.
Continue to record the facility's flow rates through the
use of a continuous effluent flow monitoring device;
c.
Continue to record the facility's production rates and
notify the Superintendent whenever production rates are expected to
vary by more than twenty percent (20%) from its baseline production
rates. Upon notification of a revised production rate, the Superintendent
will reassess the equivalent mass limit and revise the limit as necessary
to reflect changed conditions at the facility; and
3.
When developing equivalent mass limits, the Superintendent:
a.
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;
b.
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
c.
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 710.210. The industrial user must also be in compliance with Section 710.480(B) regarding the prohibition of bypass.
E.
The Superintendent may convert the mass limits of 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 Superintendent.
The conversion of other categorical pretreatment standards mass limits
is not permitted. The Superintendent may impose flow monitoring requirements
be included in periodic monitoring reports to determine if there have
been changes in flows that may indicate dilution.
F.
The Superintendent may convert the concentration limits of the categorical
pretreatment standards of 40 CFR Parts 423, 425, 426, 428, 429, 433,
439, 442, 443, 444, 458, and 469 to mass limits for purposes of calculating
limitations applicable to individual industrial users. The conversion
is at the discretion of the Superintendent. The conversion of other
categorical pretreatment standards concentration limits is not permitted.
The Superintendent may impose water conservation targets and flow
monitoring requirements be included in the SIU's permit.
G.
When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the Superintendent
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.
H.
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Superintendent
shall impose an alternate limit in accordance with 40 CFR 403.6(e).
[Ord. No. 7854 § 2, 4-2-2018]
Users must comply with Missouri's General Pretreatment
Regulation codified at 10-CSR-20-6.100.
[Ord. No. 7854 § 2, 4-2-2018]
A.
If any waters or wastes are discharged or are proposed to be discharged into the City's sewers which contain any quantity of substance having the characteristics described in Section 710.180 and/or are in violation of the standards of pretreatment provided in Chapter 1, EPA Rules and Regulations, Subchapter D, Water Programs Part 403 pretreatment standards, Federal Register Volume 46, No. 18, Wednesday, January 26, 1981, and any amendments thereto and which, in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise may create hazard to life or constitute a public nuisance, the Superintendent may:
1.
Reject the wastes;
2.
Require, at the owner's expense, pretreatment facilities to reduce objectionable characteristics or constituents to within the maximum limits or best management practices provided for in Section 710.180 and/or Federal, State or local pretreatment standards;
3.
Require control over the quantities and rates of discharge;
and/or
4.
Require payment to cover the added cost of handling and treating
the wastes not covered by existing taxes or sewer charges under the
provisions of this Chapter.
B.
If the Superintendent permits the pretreatment or equalization of
waste flows, the design and installation of the pretreatment facilities
shall be at the owner's expense. Construction drawings, specifications
and other pertinent data shall be submitted for the approval of the
Superintendent. No construction of such facilities shall be commenced
until such approvals are obtained in writing. Construction shall be
in accordance with the approved plans.
C.
Where pretreatment facilities are provided for any waters or wastes,
they shall be maintained continuously in satisfactory and effective
operation by the owner at his/her expense.
D.
The City shall annually publish in the local newspaper of general
circulation that provides meaningful public notice within the jurisdiction
served by the POTW a list of users which, during the previous twelve
(12) months, were in significant noncompliance with the applicable
pretreatment standards and requirements. The term "significant noncompliance"
shall mean:
1.
Chronic violations of wastewater discharge limits, defined here
as those in which sixty-six percent (66%) or more of all of the measurements
taken for the same pollutant parameter during a six-month period exceed
(by any magnitude) a numeric pretreatment standard or requirement,
including instantaneous limits, as defined by 40 CFR 403.3(1);
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 in 40 CFR 403.3(1) multiplied
by the applicable TRC [TRC = one and four-tenths (1.4) for BOD, TSS,
fats, oils and grease and one and two-tenths (1.2) for all other pollutants
except pH];
3.
Any other violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the POTW 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 pollutants that has caused imminent endangerment
to the public or to the environment or has resulted in the Superintendent'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 a 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 noncompliance; or
8.
Any other violation(s), which include a violation of best management
practices, which the Superintendent determines will adversely affect
the operation or implementation of the local pretreatment program.
[Ord. No. 7854 § 2, 4-2-2018]
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 Superintendent 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. 7854 § 2, 4-2-2018]
A.
In lieu of introducing untreated or partially treated industrial
wastes and polluted waters into the sewers of the City, the owner
of the premises producing such wastes may, if approved by the State
Clean Water Commission, construct and operate, at his/her expense,
private waste treatment facilities with the effluent discharged into
a natural outlet. The design and operation of such facilities shall
continuously produce an effluent which will not create a public nuisance
with a pollution content no greater than the effluent from the City
sewage treatment plant. Construction drawings, specifications and
other pertinent information relating to such proposed treatment facilities
shall be prepared by the owner, at his/her expense, and shall be submitted
to the Superintendent and the State Clean Water Commission, and no
construction of such facilities shall be commenced until such approvals
are obtained in writing. Construction shall be in accordance with
such approved plans.
B.
Where such private waste treatment facilities are provided, they
shall be maintained continuously in satisfactory and effective operation
by the owner at his/her expense.
[Ord. No. 7854 § 2, 4-2-2018]
Grease, oil and sand interceptors shall be provided when, in
the opinion of the Superintendent, they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts or
any flammable wastes, sand or other harmful ingredients; except that
such interceptors shall not be required for private living quarters
or dwelling units. All interceptors shall be of a type and capacity
approved by the Superintendent and shall be located as to be readily
and easily accessible for cleaning and inspection.
[Ord. No. 7854 § 2, 4-2-2018]
When required by the Superintendent, the owner of any property
serviced by a building sewer carrying industrial wastes shall install
a suitable control manhole together with such necessary meters and
other appurtenances in the building sewer to facilitate observation,
sampling and measurement of the wastes. Such manhole, when required,
shall be accessible, lockable and safely located and shall be constructed
in accordance with plans approved by the Superintendent. The manhole
shall be installed by the owner at his/her expense and shall be maintained
by him/her so as to be safe and accessible at all times.
[Ord. No. 7854 § 2, 4-2-2018]
A.
Septic tank waste may be introduced into the POTW only at locations designated by the Superintendent and at such times as are established by the Superintendent. Such wastes shall not violate Section 710.180 or any requirement established by the City. The Superintendent may require septic tank waste haulers to obtain wastewater discharge permits.
B.
The Superintendent shall require haulers of industrial waste to obtain
wastewater discharge permits. The Superintendent may require generators
of hauled industrial waste to obtain wastewater discharge permits.
The Superintendent also may prohibit the disposal of hauled industrial
waste. The discharge of hauled industrial waste is subject to all
other requirements of the Chapter.
C.
Industrial waste haulers may discharge loads only at locations designated
by the Superintendent. No load may be discharged without prior consent
of the Superintendent. The Superintendent may collect samples of each
hauled load to ensure compliance with applicable standards. The Superintendent
may require the industrial waste hauler to provide a waste analysis
of any load prior to discharge.
D.
Industrial waste haulers must provide a waste-tracking form for every
load. This form shall include, at a minimum, the name and address
of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of wastes and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are hazardous waste.
[Ord. No. 7854 § 2, 4-2-2018]
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this Chapter shall
be determined in accordance with the latest edition of "Standard Methods
for the Examination of Water and Wastewater" published by the American
Public Health Association and shall be determined at the control manhole
provided or upon suitable samples taken at said control manhole. In
the event that no special manhole has been required, the control manhole
shall be considered to be the nearest downstream manhole in the public
sewer to the point at which the building sewer is connected. Sampling
shall be carried out by customarily accepted methods to reflect the
effect of constituents upon the sewage works and to determine the
existence of hazards to life, limb and property. (The particular analyses
involved will determine whether a twenty-four-hour composite of all
outfalls of a premises is appropriate or whether a grab sample or
samples should be taken. Normally, but not always, BOD and suspended
solids analyses are obtained from twenty-four-hour composites of all
outfalls whereas pHs are determined from periodic grab samples. In
certain cases, the Superintendent may require sampling periods of
up to several weeks.)
[Ord. No. 7854 § 2, 4-2-2018]
A.
No statements contained in this Chapter shall be construed as preventing
any special agreement or arrangement between the City and any industrial
concern whereby an industrial waste of unusual strength or character
may be accepted by the City for treatment, subject to payment therefor,
by the industrial concern.
B.
No special agreements made pursuant to this Section will in any way
allow the violation of any existing categorical pretreatment standard.
Upon the promulgation of a new categorical pretreatment standard,
any prior, related special agreements are thereby rendered null and
void.
[Ord. No. 7854 § 2, 4-2-2018]
A.
The Superintendent and other duly authorized employees of the City
bearing proper credentials and identification shall be permitted to
enter all properties for the purposes of inspection, observation,
measurement, sampling and testing in accordance with the provisions
of this Chapter. The Superintendent or his/her representatives shall
have no authority to inquire into any processes, including metallurgical,
chemical, oil, refining, ceramic, paper or other industries, beyond
that point having a direct bearing on the kind and source of discharge
to the sewers of waterways or facilities for waste treatment.
B.
At a minimum, the Superintendent or other duly authorized representatives of the POTW will conduct annual inspections as listed in Subsection (A) above. The frequency of these inspections can be increased, but not decreased, by the Superintendent based upon the regulated industry's compliance record in previous years.
C.
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 Superintendent shall
be permitted to enter without delay for the purposes of performing
specific responsibilities.
D.
The Superintendent 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.
E.
The Superintendent 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 per manufacturer recommendation
to ensure their accuracy.
F.
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 Superintendent
and shall not be replaced. The costs of clearing such access shall
be born by the user.
G.
Unreasonable delays in allowing the Superintendent access to the
user's premises shall be a violation of this Chapter.
[Ord. No. 7854 § 2, 4-2-2018]
If the Superintendent 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 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
Superintendent may seek issuance of a search warrant from the Poplar
Bluff Municipal Court.
[Ord. No. 7854 § 2, 4-2-2018]
While performing the necessary work on private properties referred to in Section 710.280 above, the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 710.200.
[Ord. No. 7854 § 2, 4-2-2018]
The Superintendent and other duly authorized employees of the
City bearing proper credentials and identification shall be permitted
to enter all private properties through which the City holds a duly
negotiated easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair and maintenance of any
portion of the sewage works lying within said easement. All entry
and subsequent work, if any, on said easement shall be done in full
accordance with the terms of the duly negotiated easement pertaining
to the private property involved.
[Ord. No. 7854 § 2, 4-2-2018]
A.
Industrial User Surveys.
1.
All industrial users shall submit a wastewater survey when requested
to do so by the Control Authority. The Control Authority is authorized
to prepare a form for this purpose and may periodically require industrial
users to update the survey. Surveys must be returned with a postmark
date within sixty (60) days of the survey request postmark date.
B.
Baseline Monitoring Reports.
1.
Baseline monitoring reports shall be submitted to the Superintendent
according to the following schedules:
a.
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 users currently discharging to or scheduled to discharge to the POTW shall submit a report which contains the information listed in Subsection (B)(2) of this Section.
b.
At least ninety (90) days prior to commencement of their discharge, new sources and sources that become categorical users after the promulgation of an applicable standard shall submit a report which contains the information listed in Subsection (B)(2) below. A new source shall also report the method of pretreatment it intends to use to meet applicable categorical standard. A new source also shall give estimates of its anticipated flow and quantity of pollutant to be discharged.
2.
All users described in Subsection (B)(1) of this Section shall submit the following information as part of their baseline monitoring reports:
a.
Identifying Information. The names and addresses of the facility,
the operator and the owner.
b.
Environmental Permits. A list of any environmental control permits
held by or for the facility.
c.
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 should
include a schematic process diagram which indicates points of discharge
of the POTW from the regulated processes.
d.
Flow Measurement. Information showing the measured average daily
and maximum daily flow in gallons per day to the POTW from the regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in 40 CFR 403.6(e).
e.
Measurement Of Pollutants.
(1)
The categorical pretreatment standards applicable
to each regulated process.
(2)
The results of sampling and analysis identifying
the nature and concentration and/or mass, where required by the standard
or by the Superintendent, of regulated pollutants in the discharge
from each regulated pollutant 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 out in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard.
(3)
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.
(4)
Wastewater samples must be collected by flow proportional
composite techniques, except as specifically mentioned below. In the
event flow proportional sampling is not feasible, the Superintendent
may authorize the use of time proportional sampling or a minimum of
four (4) grab samples (unless Federal pretreatment standards require
more 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 discharge limits.
However, samples for oil and grease, temperature, pH, cyanide phenols,
sulfides and volatile organic compounds must be obtained using grab
sample collection techniques.
(5)
The Superintendent 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.
(6)
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.
f.
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.
g.
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 be no 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 710.310(C).
h.
Signature And Certification. All baseline monitoring reports must be signed and certified in accordance with Section 710.400(B)(3).
C.
Compliance Schedule Progress Reports. The following shall apply to the compliance schedule required by Section 710.310(B)(2)(g).
1.
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standard (e.g., hiring
an engineer, completing preliminary plans, executing contract for
major components, commencing construction, completing construction,
etc.).
2.
No increment referred to in Subsection (c)(1) shall exceed nine
(9) months.
3.
Not later than fourteen (14) days following each date in the
schedule and the final date for compliance, the user shall submit
a progress report to the Superintendent including, as a minimum, whether
or not it complied with the increment of progress to be met on such
date and, if not, the date on which it expects to comply with this
increment of progress, the reason for delay and the steps being taken
by the user to return the construction to the schedule established.
4.
In no event shall more than nine (9) months elapse between such
progress reports to the Superintendent.
D.
Reports On Compliance With Categorical Pretreatment Standards 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 to the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in Section 710.310(B)(2)(d) through (f). For users subject to equivalent mass or concentration limits established in accordance with procedures in 40 CFR 403.6(c), this report shall contain a reasonable measurement 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 710.400(B)(3).
E.
Periodic Industrial Self-Monitoring Reports.
1.
All significant industrial users (SIUs) as defined in Section 710.020 subject to pretreatment standards shall submit during the months of June and December a self-monitoring report to the Superintendent. The report shall contain the results of sampling and analysis of the discharge, including the flow rate and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standard. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation required by the Superintendent or the pretreatment standard necessary to determine the compliance status of the user. The frequency of monitoring shall be as prescribed in Section 710.320. The reporting frequency for any industry may be altered by the Superintendent upon consideration of such factors as actual flow rates and pollutant concentrations, seasonal production schedules, etc.
a.
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 Superintendent, using the procedures prescribed in Section 710.320 of this Chapter, the results of this monitoring shall be included in the report.
2.
All significant industrial users (SIUs) as defined in Section 710.020 not subject to pretreatment standards shall submit during the months of June and December a self-monitoring report to the Superintendent. The report shall contain the results of sampling and analysis of the discharge, including the flow rate and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standard.
3.
In cases where a local limit requires compliance with a best
management practice or pollution prevention alternative, the user
must submit documentation required by the Superintendent to determine
the compliance status of the user. These reports must be based on
sampling and analysis performed in the period covered by the report,
and in accordance with the techniques described in 40 CFR Part 136
and amendments thereto. This sampling and analysis may be performed
by the City of Poplar Bluff in lieu of the significant industrial
user.
4.
All periodic industrial self-monitoring reports must include the certification statement in Section 710.400(B)(1).
5.
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:
a.
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.
b.
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 710.400(A)(10)(c).
c.
In making a demonstration that a pollutant is not present, the
industrial user must provide data from at least one (1) sampling of
the facility's process wastewater prior to any treatment present
at the facility that is representative of all wastewater from all
processes.
d.
The request for a monitoring waiver must be signed in accordance with Section 710.020, and include the certification statement in 710.400(B)(1) [40 CFR 403.6(a)(2)(h)].
e.
Nondetectable 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.
f.
Any grant of the monitoring waiver by the Superintendent 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 Superintendent
for three (3) years after expiration of the waiver.
g.
Upon approval of the monitoring waiver and revision of the user's permit by the Superintendent, the industrial user must certify on each report with the statement in Section 710.400(B)(3) that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
h.
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 710.310(D), or other more frequent monitoring requirements imposed by the Superintendent, and notify the Superintendent.
i.
This provision does not supersede certification processes and
requirements established in categorical Pretreatment Standards, except
as otherwise specified in the categorical Pretreatment Standard.
6.
All periodic compliance reports must be signed and certified in accordance with Section 710.400(B)(1) of this Chapter.
7.
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.
F.
Notification Of Violation/Repeat Sampling And Reporting.
1.
If the sampling performed by the user indicates a violation,
the user must notify the Superintendent 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 Superintendent within thirty (30) days after becoming aware
of the violation. Where the City has performed the sampling and analysis
in lieu of the industrial user, the City must perform the repeat sampling
and analysis unless it notifies the user of the violation and requires
the user to perform the repeat analysis. At the Superintendent's
discretion, resampling may not be required if the Superintendent monitors
the user's facility at least once a month, or if the Superintendent
samples between the user's initial sampling and when the user
receives the results of this initial sampling.
G.
Notification Of Changed Conditions.
1.
Each user must notify the Superintendent and POTW of any planned
significant changes to the user's operations or system which
might alter the nature, quality or volume of the wastewater at least
ninety (90) days before the change.
2.
For the purposes of this notification requirement, significant
changes include, but are not limited to, flow increases of twenty
percent (20%) or greater and the discharge of any previously unreported
pollutants.
3.
The Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including resubmission of a wastewater discharge permit application under Section 710.400(A).
4.
The Superintendent may issue a wastewater discharge permit under Section 710.400(B) or modify an existing wastewater discharge permit under Section 710.410 in response to changed or anticipated changed conditions.
H.
Notification Of The Discharge Of Hazardous Waste(s).
1.
Any user who commences the discharge of hazardous waste shall
notify the POTW, the EPA Regional Waste Management Division Director
and the 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 Part 261. Such notification must
include the name of the hazardous waste as set forth in 40 CFR Part
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
also shall contain the following information to the extent such information
is known and readily available to the user.
a.
An identification of the hazardous constituents contained in
the wastes;
b.
An estimation of the mass and concentration of such constituents
in the waste stream discharged during that calendar month; and
c.
An estimation of the mass of constituents in the waste stream
expected to be discharged during the following twelve (12) months.
2.
All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this Subsection needs to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 710.310(G).
3.
The notification requirement of this Section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Section 710.310(E).
4.
Dischargers are exempt from the requirements of Subsection (H)(1) above during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified under 40 CFR 261.30(d) and 261.33(e). The discharge of more than fifteen (15) kilograms of nonacute hazardous waste in a calendar month, or of any quantity of acute hazardous waste as specified under 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
5.
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 Superintendent, the EPA Regional Waste Management Division Director
and the State hazardous waste authorities of the discharge of such
substance within ninety (90) days of the effective date of such regulations.
6.
In the case of any notification made under this Section, the
user shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
7.
This provision does not create a right to discharge any substance
not permitted to be discharged by this Chapter, a permit issued thereunder
or any applicable Federal or State laws.
[Ord. No. 7854 § 2, 4-2-2018]
A.
When requested by the Superintendent, a user must submit information
on the nature and characteristics of its wastewater within thirty
(30) days of the request. The Superintendent is authorized to prepare
a form for this purpose and may periodically require users to update
this information.
B.
All significant industrial users (SIUs) shall be required to monitor
their discharge at the frequency stipulated in the individual industrial
discharge permit issued for each SIU. The minimum frequency for any
SIU shall be once every three (3) months. Monitoring shall consist
of sampling the discharge on a composite basis over a twenty-four-hour
period and determining the nature and concentration of pollutants
contained therein which are limited by the applicable pretreatment
standard. Upon promulgation of a Federal categorical pretreatment
standard for a particular industrial category containing more stringent
monitoring requirements, the requirements of this Section shall immediately
be superseded. The Superintendent shall notify all affected users
of the more stringent requirements.
1.
Except as indicated in Subsection (B)(2) and (3) 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 Superintendent. 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 instantaneous 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 710.310, 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 Superintendent may authorize a lower minimum. For the reports required by Section 710.310(E)(4) [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.
C.
All sampling and analyses shall be performed in accordance with procedures
established by the State pursuant to Section 304(g) of the Act and
contained in 40 CFR, Part 136 and amendments thereto or with any other
test procedures approved by the State. (Where 40 CFR, Part 136 does
not include a sampling or analytical technique for the pollutant in
question, sampling and analysis shall be performed in accordance with
the procedures set forth in the EPA publication "Sampling and Analysis
Procedures for Screening of Industrial Effluents for Priority Pollutants",
April 1977 and amendments thereto or with any other sampling and analytical
procedures approved by the State.)
D.
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.
[Ord. No. 7854 § 2, 4-2-2018]
A.
Every person discharging any industrial waste mixture into the sewers or sewage works of the City or into any sewer connected thereto is required to keep and maintain records of the data listed under Section 710.310, including documentation associated with best management practices. Such records shall be available for inspection during regular business hours by authorized representatives or employees of the City upon presenting written credentials of their authority, and such representatives or employees shall be permitted to make and retain copies of such records.
[Ord. No. 7854 § 2, 4-2-2018]
B.
Records pursuant to Subsection (A) above must be kept and maintained for a minimum of three (3) years. The time such records must be maintained may be extended by the Superintendent.
C.
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. Records shall also include documentation associated with best management practices established under Section 710.185(C).
[Ord. No. 7854 § 2, 4-2-2018]
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. 7854 § 2, 4-2-2018]
Each user shall provide protection from accidental discharge
of prohibited materials or other substances regulated by this Chapter.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner or user's own cost
and expense. Detailed plans showing facilities and operating procedures
to provide this protection shall be submitted to the City before construction
of the facility. All existing users shall complete such a plan by
1997. No user who commences contribution to the POTW after 1997 shall
be permitted to introduce pollutants into the system until accidental
discharge procedures have been approved by the City. Review and approval
of such plans and operating procedures shall not relieve the user
from the responsibility to modify the user's facilities as necessary
to meet the requirements of this Section.
[Ord. No. 7854 § 2, 4-2-2018]
A.
Any spill or accidental discharge of wastes which may create an explosion
hazard in the sewage works or in any way have a deleterious effect
upon these works, treatment process or constitute a hazard to human
beings, animals or the receiving stream shall be immediately reported
to the Superintendent by the person responsible for such spill or
accidental discharge.
B.
Such notification shall set forth the time and place of the spill
or discharge, the type and quantity of material included in the waste
and actions taken to stop the spill or discharge.
C.
It shall be the responsibility of each person having knowledge of
the spill or accidental discharge to have available, insofar as practicable
and reasonable, the following information:
D.
It shall be the responsibility of each person responsible for the
spill or accidental discharge to provide the Superintendent with written
verification of what measures are to be taken to prevent a recurrence
of any such spill or accidental discharge. Such information shall
be in the hands of the Superintendent within seven (7) days after
the spill or accidental discharge occurred. This report shall also
include a description of the cause of the spill or accidental discharge.
Such notification shall not relieve the user of any expense, loss,
damage or other liability which may be incurred as a result of damage
to the POTW, fish kills or any other damage to person or property;
nor shall such notification relieve the user of any fines, civil penalties
or other liability which may be imposed by this Chapter or other applicable
law.
E.
Significant industrial users are required to notify the Superintendent
immediately of any changes at its facility affecting the potential
for a slug discharge. Upon notification, the Superintendent may reevaluate
the need for, or modifying of, a slug control plan.
[Ord. No. 7854 § 2, 4-2-2018]
A.
At least once every two (2) years, the Superintendent shall evaluate
whether each significant industrial user needs an accidental discharge/slug
control plan. The Superintendent may require any user to develop,
submit for approval and implement such a plan. Alternatively, the
Superintendent may develop such a plan for any user. An accidental
discharge/slug control plan shall be in accordance with 40 CFR 403.8
and, at a minimum, address the following:
1.
Description of discharge practices, including non-routine batch
discharge;
2.
Description of stored chemicals;
3.
Procedures for immediately notifying the Superintendent of any accidental or slug discharge as required by Section 710.310(H)(1); 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. Should the significant
industrial user make any modifications to its accidental discharge/slug
control plan, the City shall immediately be made aware of the changes
and provided a revised copy of the accidental discharge/slug control
plan.
[Ord. No. 7854 § 2, 4-2-2018]
A.
No person shall tamper with any sewer lines or make any connection
to the sanitary sewerage system of the City, either direct or indirect,
without written permission from the City or reconnect sewage services
when such services have been disconnected for nonpayment of a bill
for sewage services unless such bill for sewage services, including
charges for disconnection, has been paid in full.
B.
No person shall maliciously or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment
which is a part of the municipal sanitary sewerage system.
[Ord. No. 7854 § 2, 4-2-2018]
A.
Information and data on a user obtained from reports, surveys, wastewater
discharge permit applications, wastewater discharge permits and monitoring
programs and from the Superintendent'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 Superintendent, 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 by 40 CFR
2.302 will not be recognized as confidential information and will
be available to the public without restriction.
B.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this Chapter, provided that such portions of a report shall be
available for use by the State in judicial review or enforcement proceedings
involving the person furnishing the report. Wastewater constituents
and characteristics will not be recognized as confidential information.
[Ord. No. 7854 § 2, 4-2-2018]
No significant industrial user (SIU) as defined in Section 710.020 shall be allowed to discharge any wastes into City sewers after 1997 without a valid industrial discharge permit obtained from the Superintendent.
[Ord. No. 7854 § 2, 4-2-2018]
A.
Application for an industrial discharge permit shall be made by the
owner or his/her agent on a special form provided by the City. Existing
users classified as a SIU shall file the completed application no
later than 1997. New users that may be classified as SIUs must file
a completed application at least ninety (90) days prior to connecting
to or contributing to the City sewers. The following information,
in units and terms appropriate for evaluation, shall be included in
the application:
1.
Name, address and standard industrial classification number,
including the name of the operator and owner and contact information.
2.
Signature and title of official completing the application.
3.
Location of plant.
4.
Manufacturing or service activity conducted at the plant, including
all materials which are or could be discharged including raw materials
and chemicals used or stored at the facility.
5.
The categorical pretreatment standards, including best management
practices, applicable to each regulated process and any new categorically
regulated processes for existing sources.
6.
Wastewater constituents and characteristics including, but not limited to, those mentioned in Section 710.180 as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended.
7.
Time And Duration Of Contribution. The location for monitoring
all contributions to be covered by the permit.
8.
Average daily and three-minute peak wastewater flow rates, including
daily, monthly and seasonal variations if any from regulated process
streams and other streams, as necessary, to allow use of the combined
waste stream formula set out in 40 CFR 403.6(e).
9.
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by the size,
location and elevation.
10.
Where known, the nature and concentration of any pollutants
(including instantaneous, daily maximum, and long-term average concentrations,
or mass where required) in the discharge which are limited by any
City, State or Federal pretreatment standards and a statement regarding
whether or not the pretreatment standards are being met on a consistent
basis and, if not, whether additional operation and maintenance and/or
additional pretreatment is required for the user to meet the applicable
pretreatment standards.
a.
The sample shall be representative of daily operations and shall
be analyzed in accordance with procedures set out in Section 6.10
of this Chapter. Where the standard requires compliance with a BMP
or pollution prevention alternative, the user shall submit documentation
as required by the Superintendent or the applicable standards to determine
compliance with the standard.
b.
Sampling must be performed in accordance with procedures set out in Section 710.320 of this Chapter.
c.
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 40 CFR 403.12(e)(2).
11.
If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall be no later than the compliance date established for the pretreatment standard. The conditions pursuant to Section 710.310(C) shall apply to this compliance schedule.
12.
Each product produced by type, amount, process or processes
and rate of production (average and maximum rate per day).
13.
Number and types of employees in each plant by shifts; hours
of operation; and proposed or actual hours of operation.
14.
Source of water supply at each plant and the volume of water
used by each plant daily, specified as to each source; this should
include a schematic process diagram, which indicates points of discharge
to the POTW from the regulated processes.
15.
Description of raw water treatment and/or industrial waste pretreatment
facilities currently in use.
16.
A list of any environmental control permits held by or for the
facility.
17.
Any other information as may be deemed by the City to be necessary
to evaluate the permit application.
B.
Required Statements.
1.
The signature of an authorized representative of the user containing
the following 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 for gathering 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."
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2.
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
Superintendent prior to or together with any reports to be signed
by an authorized representative.
3.
Certifications Of Pollutants Not Present. A facility determined
to be a nonsignificant categorical industrial user by the Superintendent
must annually submit the signed certification statement below:
|
"Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR _____, I certify that, to the best of my knowledge and
belief that during the period from _____, _____ to _____, _____ [months,
days, year]:
|
|
The facility described as __________ [facility name] met the definition of a nonsignificant categorical industrial user as described in Section 710.020;
|
|
The facility complied with all applicable pretreatment standards
and requirements during this reporting period;
|
|
The facility never discharged more than 100 gallons of total
categorical wastewater on any given day during this reporting period.
|
|
This compliance certification is based on the following information:"
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4.
Users that have an approved monitoring waiver based on Section 710.420(A)(8) 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 710.310(E)".
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C.
The City will evaluate the data furnished by the user and may require
additional information. Incomplete or inaccurate applications will
not be processed and will be returned to the user for revision. After
evaluation and acceptance of the data furnished, the City will determine
if an industrial discharge permit is necessary within sixty (60) days
of receiving the completed application, the City may issue an industrial
discharge permit, subject to the terms and conditions provided herein.
[Ord. No. 7854 § 2, 4-2-2018]
A.
Changes Or Additions To Federal Categorical Pretreatment Standards. Within nine (9) months of the promulgation of a Federal categorical pretreatment standard, the industrial discharge permit of SIUs subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where an SIU, subject to Federal categorical pretreatment standard, has not previously submitted an application for an industrial discharge permit as required by Section 710.390, the SIU shall apply for an industrial discharge permit within one hundred eighty (180) days after the promulgation of the applicable Federal categorical pretreatment standard. In addition, the SIU with an existing industrial discharge permit shall submit to the Superintendent within one hundred eighty (180) days after the promulgation of an applicable Federal categorical pretreatment standard the information required by Subsections (A)(9) and (10) of Section 710.400.
B.
Modifications To Existing Wastewater Discharge Permit. The Superintendent
may modify a 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 wastewater discharge permit issuance;
3.
A change in the POTW that requires either a temporary reduction
or elimination of the authorized discharge;
4.
Information indicating that the discharge poses a threat to
the City's POTW, POTW's beneficial sludge use, City personnel
or the receiving waters;
5.
Violation of any terms or conditions of the 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;
[Ord. No. 7854 § 2, 4-2-2018]
A.
Industrial discharge permits shall be expressly subject to all provisions
of this Chapter and all other applicable regulations, user charges
and fees established by the City. Permits may contain the following:
1.
A statement that indicates the wastewater discharge permit issuance
date, expiration date and effective date;
2.
A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 710.440 of this Chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
3.
The unit charge or schedule of user charges and fees for the
wastewater to be discharged to a public sewer;
4.
Limits on the average and maximum wastewater constituents and
characteristics, including best management practices;
5.
Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization;
6.
Requirements for installation and maintenance of inspection
and sampling facilities;
7.
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule;
8.
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 710.310(E)(5);
9.
Any grant of the monitoring waiver by the Superintendent [Section 710.310(E)(5)] must be included as a condition in the user's permit or other control mechanism;
10.
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;
11.
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;
12.
Compliance schedule;
13.
Requirements for submission of technical reports or discharge reports as listed under Section 710.310;
14.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the City and affording City
access thereto;
15.
Requirements for notification of the City of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system;
16.
Requirements to control slug discharge if determined by the
Superintendent to be necessary;
17.
Requirements for the development and implementation of spill
control plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
18.
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
20.
A statement that compliance with the individual 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 individual wastewater
discharge permit;
21.
Other conditions as deemed appropriate by the City to ensure
compliance with this Chapter.
[Ord. No. 7854 § 2, 4-2-2018]
Industrial users have thirty (30) days after a receiving a draft
permit to appeal the permit's contents. An appeal to the Superintendent
filed via certified mail will be sent to the Water and Light Advisory
Board for review. An appeal to the Circuit Court of Butler County,
Missouri, after appeal rejection by the Water and Light Advisory Board
must be filed within thirty (30) days of the Board's decision.
[Ord. No. 7854 § 2, 4-2-2018]
Industrial discharge permits shall be issued for a period of
up to five (5) years. A permit may be issued for a period less than
five (5) years or may be stated to expire on a specific date. The
user shall apply for permit reissuance a minimum of sixty (60) days
prior to the expiration of the user's existing permit. The terms
and conditions of the permit may be subject to modification by the
City during the term of the permit as limitations or requirements
are modified or other just cause exists. The user shall be informed
of any proposed changes in his/her permit at least thirty (30) days
prior to the effective date of change. Any changes or new conditions
in the permit shall include a reasonable time schedule for compliance.
[Ord. No. 7854 § 2, 4-2-2018]
A.
Industrial discharge permits are issued to a specific user for a
specific operation. An industrial discharge permit may be reassigned,
transferred or sold to a new owner, user or operator only if the permittee
gives at least sixty (60) days' advance notice to the Superintendent
and the Superintendent approves the industrial discharge permit transfer.
The notice to the Superintendent must include a written certification
by the new owner or operator which:
B.
The duration of the existing industrial discharge permit shall not
be altered under the terms of this Section. Failure to provide advance
notice of a transfer renders the industrial discharge permit void
as of the date of transfer.
C.
An industrial discharge permit shall not be reassigned, transferred
or sold to a different premises, changed operation or new operation.
[Ord. No. 7854 § 2, 4-2-2018]
It is the purpose of this Section to provide for the recovery
from significant industrial users (SIUs) of the costs incurred by
the City for the implementation and continued operation of the industrial
pretreatment program. A permit fee shall accompany the completed industrial
discharge permit application when filed with the City. In addition,
costs incurred by the City with third parties for sampling and testing
a SIU's discharge shall be billed to SIU at a rate equal to such
cost plus ten percent (10%) for related City employee review and processing.
[Ord. No. 7854 § 2, 4-2-2018]
A.
Notification Of Violation.
1.
When the Superintendent, pretreatment coordinator or inspector
finds that a violation of this Chapter, an industrial discharge permit
or any prohibition, limitation or requirements contained herein exists,
he/she may post a notice upon the property where the violation exists
stating the nature of violation and personally deliver or mail a copy
thereof to the owner of the property, at his or her last known address.
Within thirty (30) days of the date of the notice, a plan for the
satisfactory correction thereof shall be submitted to the Superintendent
by the user. If the Superintendent finds that an emergency exists,
he/she may immediately cause the violation to be abated or corrected.
2.
Whenever the Superintendent shall have caused any violation
to be abated or corrected pursuant to this Section, he/she shall certify
the costs thereof to the City Clerk and the owner of the property
on which such violation was abated or corrected shall be civilly liable
to the City for the costs of such abatements or corrections.
B.
Administrative Orders.
1.
Consent Orders. The Superintendent is hereby empowered to enter
into consent orders, assurances of voluntary compliance or other similar
documents establishing an agreement with the industrial user responsible
for the noncompliance. Such orders will include specific action to
be taken by the industrial user to correct the noncompliance within
a time period also specified by the order. Consent orders shall have
the same force and effect as other administrative orders.
2.
Show Cause Hearing.
a.
The Superintendent may order any user who causes or allows an
unauthorized discharge to enter the POTW to show cause before the
Utilities Advisory Board why the proposed enforcement action should
not be taken. A notice shall be served on the user specifying the
time and place of a hearing to be held by the Utilities Advisory Board
regarding the violation, the reasons why the action is to be taken,
the proposed enforcement action and directing the user to show cause
before the Utilities Advisory Board why the proposed enforcement action
should not be taken. The notice of the hearing shall be served personally
or by registered or certified mail (return receipt requested) at least
ten (10) days before the hearing. Service may be made on any agent
or officer of a corporation.
b.
Hearing.
(1)
The Utilities Advisory Board may itself conduct
the hearing and take the evidence or may designate any of its members
or any officer or employee or the City to:
(a)
Issue in the name of the Utilities Advisory Board
notices of hearings requesting the attendance and testimony of witnesses
and the production of evidence relevant to any matter involved in
such hearings;
(b)
Take the evidence;
(c)
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the Utilities Advisory Board for action thereon.
(2)
At any hearing held pursuant to this Section, testimony
taken must be under oath and recorded stenographically. The transcript,
so recorded, will be made available to any member of the public or
any party to the hearing upon payment of the usual charges thereof.
(3)
After the Utilities Advisory Board has reviewed
the evidence, it may issue an order to the user responsible for the
discharge directing that, following a specified time period, the sewer
service be discontinued unless adequate treatment facilities, devices
or other related appurtenances shall have been installed on existing
treatment facilities, devices or other related appurtenances and are
properly operated. Further orders and directives as are necessary
and appropriate may be issued.
c.
A show cause hearing shall not be a bar against, or prerequisite
for, taking any other action against the user.
3.
Cease And Desist Orders. When the Superintendent finds that
an industrial user has violated or continues to violate this Chapter
or any permit or order issued hereunder, the Superintendent may issue
an order to cease and desist all such violations and direct those
persons in noncompliance to:
a.
Comply forthwith.
b.
Take such appropriate remedial or preventive action as may be
needed to properly address a continuing or threatened violation, including
halting operations and 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.
4.
Compliance Order. When the Superintendent finds that an industrial
user has violated or continues to violate the ordinance or a permit
or order issued thereunder, he/she may issue an order to the industrial
user responsible for the discharge directing that, following a specified
time period, sewer service shall be discontinued unless adequate treatment
facilities, devices or other related appurtenances have been installed
and are properly operated. Orders may also contain such other requirements
as might be reasonably necessary and appropriate to address the noncompliance,
including the installation of pretreatment technology, additional
self-monitoring and management practices. 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.
C.
Emergency Suspensions.
1.
The City may suspend the wastewater treatment service and/or
an industrial discharge permit when such suspension is necessary,
in the opinion of the City, to stop an actual or threatened discharge
which presents or may present an imminent or substantial endangerment
to the health or welfare of persons, to the environment, causes interference
to the POTW or causes the City to violate any conditions of its NPDES
permit.
2.
Any person notified of a suspension of the wastewater treatment
service and/or the industrial discharge permit shall immediately stop
or eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the City shall take
such steps as deemed necessary, including immediate severance of the
sewer connection, to prevent or minimize damage to the POTW system
or endangerment to any individuals. The City shall reinstate the industrial
discharge permit and/or the wastewater treatment service upon proof
of the elimination of the noncomplying discharge. A detailed written
statement submitted by the user describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence
shall be submitted to the City within fifteen (15) days of the date
of occurrence.
3.
An industrial user which is responsible, in whole or in part, for 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 Superintendent prior to the date of the hearing described in Subsection (B)(2) above.
4.
Nothing in this Section shall be interpreted as requiring a
hearing prior to any emergency suspension under this Section.
D.
Termination Of Permit. Any user who violates the following conditions
of this Chapter or applicable State and Federal regulations is subject
to having his/her permit revoked in accordance with the procedures
of this Section:
1.
Failure of a user to factually report the wastewater constituents
and characteristics of his/her discharge;
2.
Failure of the user to report significant changes in operations
or wastewater constituents and characteristics;
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.
Refusal of reasonable access to the user's premises for
the purpose of inspection or monitoring;
7.
Failure to meet effluent limitations;
8.
Failure to pay fines;
9.
Failure to meet compliance schedules;
10.
Failure to complete a wastewater survey or the wastewater discharge
permit application;
11.
Violation of conditions of the industrial discharge permit or
violation of any pretreatment standard or requirement; or
12.
Failure of a user to make payment on annual permit renewal fees,
additional testing costs, etc., that may be assessed by or due to
the City.
E.
Fines.
1.
Any user who is found to have violated an order of the City or who willfully or negligently failed to comply with any provision of this Chapter and the orders, rules, regulations and permits issued hereunder shall, pursuant to Section 100.150 of the City Code of Ordinances, be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
2.
In addition, should a user violating provisions of this Chapter
and orders, rules, regulations and permits issued hereunder cause,
by such violation, the City to violate its NPDES permit, said user
shall be civilly liable to the City for the costs of penalties levied
against the City by State or Federal agencies.
F.
Termination Of Service. In addition to the provisions in Section 710.460(D), any user who violates the following conditions is subject to discharge termination:
1.
Violation of 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
6.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 710.460(B)(2) why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
G.
Remedies Nonexclusive. The remedies provided for in this Chapter
are not exclusive. The Superintendent 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 Superintendent may take other action against
any user when the circumstances warrant. Further, the Superintendent
is empowered to take more than one (1) enforcement action against
any noncompliant user.
[Ord. No. 7854 § 2, 4-2-2018]
A.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 710.469(A) of this Chapter or the specific prohibitions in Section 710.180.C of this Chapter 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. 7854 § 2, 4-2-2018]
A.
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the Superintendent shall enter
into an intermunicipal agreement with the contributing municipality.
B.
Prior to entering into an agreement required by Subsection (A), above, the Superintendent shall request the following information from the contributing municipality:
C.
An intermunicipal 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 Chapter and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in Section 710.185 of this Chapter. 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 Superintendent;
and which of these activities will be conducted jointly by the contributing
municipality and the Superintendent;
4.
A requirement for the contributing municipality to provide the
Superintendent 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 Superintendent 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 Superintendent;
8.
A provision specifying remedies available for breach of the
terms of the intermunicipal agreement.
[Ord. No. 7854 § 2, 4-2-2018]
A.
If any person discharges sewage, industrial wastes or other wastes
into the wastewater disposal system contrary to the provisions of
this Chapter or any order or permit issued hereunder, the Superintendent,
through the City Attorney, may commence an action for appropriate
legal and/or equitable relief in the appropriate court for Butler
County.
1.
Injunctive Relief. When the Superintendent 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 Superintendent 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 Superintendent 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, and to reimburse
the City for all related damages, costs, expenses, and attorney's
fees. A petition for injunctive relief shall not be a bar against,
or a prerequisite for, taking any other action against a user.
[Ord. No. 7854 § 2, 4-2-2018]
A.
Treatment Upsets.
1.
Any industrial user which experiences an upset in operations
that places it in a temporary state of noncompliance, which is not
the result of operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance or
careless or improper operation, shall inform the Superintendent thereof
immediately upon becoming aware of the upset. Where such information
is given orally, a written report thereof shall be filed by the user
within five (5) days. The report shall contain:
a.
A description of the upset, its cause(s) and impact on the discharger's
compliance status.
b.
The duration of non-compliance, including exact dates and times
of non-compliance and if the non-compliance is continuing, the time
by which compliance is reasonably expected to be restored.
c.
All steps taken or planned to reduce, eliminate and prevent
recurrence of such an upset.
2.
An individual user which complies with the notification provisions
of this Section in a timely manner shall have an affirmative defense
to any enforcement action brought by the Superintendent for any non-compliance
with this Chapter or an order or permit issued hereunder by the user,
which arises out of violations attributable to and alleged to have
occurred during the period of the documented and verified upset.
B.
Treatment Bypasses.
1.
For the purposes of this Section:
a.
"Bypass" means the intentional diversion of waste streams from
any portion of a user's treatment facility.
b.
"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.
2.
A bypass of the treatment system is prohibited unless all of
the following conditions are met:
3.
Industrial users must provide immediate notice [within twenty-four
(24) hours] to the Superintendent upon discovery of any unanticipated
bypass. If necessary, the Superintendent may require the industrial
user to submit a written report explaining the cause(s), nature and
duration of the bypass and the steps being taken to prevent its recurrence.
The written submission shall 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 Superintendent may waive the written report on
a case-by-case basis if the oral report has been received within twenty-four
(24) hours.
4.
An industrial user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Industrial users anticipating a bypass must submit notice to the Superintendent at least ten (10) days in advance. The Superintendent may only approve the anticipated bypass if the circumstances satisfy those set forth in Subsection (3) above.
