[R.O. 2017 § 700.010; Ord. No. 04-40 § 1-1, 10-19-2004]
A. 
Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The State Department of Natural Resources; otherwise, the regional administrator of the U.S. EPA Region VII or his/her designee.
AUTHORIZED REPRESENTATIVE OF THE USER
1. 
If the user is a corporation:
a. 
The president, secretary, treasurer or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
b. 
The manager of one (1) or more manufacturing, production or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000.00), in second quarter 1980 dollars, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. 
If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
3. 
If the user is a Federal, State or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or their designee.
4. 
The individuals described in Subsections (1) through (3) of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
AVAILABILITY OF SEWERS
An owner or occupant of property shall have sewers available whenever the property or premises is located in a sewer district established by the ordinance of the City, or whenever public sewers are available to the property or premises in any jurisdiction with which the City has an interjurisdictional sewage treatment agreement, or the City has notified the owner or occupant of the property pursuant to Section 700.140.
BIOCHEMICAL OXYGEN DEMAND (BOD5 )
The quantity of dissolved oxygen required for the biochemical degradation of organic material (carbonaceous demand) and the oxygen used to oxidize inorganic material such as sulfides and ferrous iron. It may also be the quantity of dissolved oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) unless their oxidation is prevented by an inhibitor. Such BOD5 shall be determined as described under the heading "Oxygen Demand (Biochemical)" in the Standard Methods of the Examination of Water and Wastewater, latest edition, as published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation.
BUILDING SEWER
The part of the drainage system which extends from the building drain and conveys wastewater to a POTW, private sewer, individual wastewater treatment system or other point of discharge.
CITY
The City of Battlefield, Missouri.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified in the POTW's NPDES permit, which the POTW is designed to treat.
COMPOSITE SAMPLE
The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
COOLING WATER
As follows:
1. 
UNCONTAMINATED COOLING WATERWater used for cooling purposes only which has no direct contact with any raw material, intermediate or final product and which does not contain a level of contaminants detectably higher than that of the intake water.
2. 
CONTAMINATED COOLING WATERWater used for cooling purposes only which may become contaminated either through the use of water treatment chemicals used for corrosion inhibitors or biocides or by direct contact with process materials and/or wastewater.
DIRECTOR
The Director of the Public Works Department of the City or his/her authorized representative.
DOMESTIC WASTE
The waterborne wastes derived from ordinary household living processes, including, but not limited to, waters from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, household garbage grinders and drinking fountains.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator of the EPA or that person's designee.
EXISTING SOURCE
Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 1207 of the Act.[1]
FUNDAMENTALLY DIFFERENT FACTORS
Factors relating to a user which are different from those factors considered during development of a categorical pretreatment standard or requirements as defined in 40 CFR 403.13.
GARBAGE
The solid animal and vegetable wastes resulting from the domestic or commercial handling, storage, dispensing, preparation, cooking and serving of foods.
GRAB SAMPLE
A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
HOLDING TANK WASTE
The waterborne wastes from holding tanks such as vessels, chemical toilets, recreational vehicles, septic tanks, vacuum-pump vehicles, aircraft or buses.
INDUSTRIAL USER
Any non-residential user identified in Division A, B, D, E or I of the Standard Industrial Classification Manual or any user which discharges wastewater containing toxic or poisonous substances or any substances which cause interference or pass-through in the POTW.
INDUSTRIAL WASTE
Any waterborne or liquid waste from an industrial user, other than domestic waste.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composted sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE
A discharge which alone or in conjunction with a discharge or discharges from other sources:
1. 
Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and
2. 
Therefore is a cause of a violation of the POTW's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act;[2] the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the "Resource Conservation and Recovery Act" (RCRA);[3] any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA;[4] the Clean Air Act;[5]the Toxic Substances Control Act;[6] and the Marine Protection, Research and Sanctuaries Act.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood by-products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act,[7] which applies to industrial users. This term includes prohibitive discharge limits established pursuant to Section 403.5 of the Act,[8] categorical pretreatment standards, restricted discharges and local limits.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
A permit issued pursuant to Section 402 of the Act.[9]
NEW SOURCE
1. 
Any building, structure, facility or installation from which there is, or may be, a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 1207(c) of the Act[10] which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section, provided that:
a. 
The building, structure, facility or installation is constructed at a site at which no other source is located;
b. 
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. 
The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
2. 
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection (1)(a) or (b) of this definition but otherwise alters, replaces or adds to existing process or production equipment.
3. 
Construction of a new source, as defined under this definition, has commenced if the owner or operator has:
a. 
Begun, or caused to begin, as part of a continuous on-site construction program:
(a) 
Any placement, assembly or installation of facilities or equipment; or
(b) 
Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment.
b. 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this definition.
NON-RESIDENTIAL USER
All premises, other than residential as defined in this Chapter, used for other than or in combination with human residency and which is connected, or has availability, to the POTW.
PASS-THROUGH
A discharge which exits the POTW into the waters of the State in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of or significantly contributes to a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude of a violation. Any industrial user significantly contributes to such permit violation where it:
1. 
Discharges a pollutant loading in excess of that allowed by permit with the POTW or by Federal, State or local law;
2. 
Discharges wastewater which substantially differs in nature and constituents from the user's average discharge;
3. 
Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in an NPDES permit violation; or
4. 
Knows or has reason to know that the POTW is, for any reason, violating its final effluent limitations in its NPDES permit and that such industrial user's discharge, either alone or in conjunction with discharges from other sources, increases the magnitude or duration of the POTW's NPDES violation.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
pH
The logarithm of the reciprocal of the hydrogen ion concentration expressed as grams per liter of solution as determined by Standard Methods.
POLLUTANT
Anything discharged into the POTW which causes any alteration of chemical, physical, biological or radiological integrity of water including, but not limited to, 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, BOD5, COD, toxicity or odor).
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR 403.6(e).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PROPERLY SHREDDED GARBAGE
Garbage which has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the POTW with no particle greater than one-half (1/2) inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works, as defined by Section 212 of the Act,[11] which is owned by the City of Battlefield or Springfield. This definition includes the sanitary sewers of the City and any device and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the City limits of Battlefield who are, by contract or agreement with the City, users of a City POTW.
POTW TREATMENT PLANT
That portion of a POTW which is designed to provide treatment of municipal sewage and industrial waste.
RESIDENTIAL USER
A single-family or two-family unit dwelling used only for human residence and which is connected, or has availability, to the POTW.
SANITARY SEWER
A sewer which carries wastewater and to which storm, surface and ground waters are not intentionally admitted.
SIGNIFICANT INDUSTRIAL USER
Shall mean as follows:
1. 
A user subject to categorical pretreatment standards; or
2. 
A user that:
a. 
Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater).
b. 
Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant.
c. 
Is designated as such by the POTW on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
3. 
Upon a 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 POTW may at any time, on its own initiative or in response to a petition received from a user and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SLUG DISCHARGE
Any discharge which in concentration of any given constituent or in quantity of flow may cause or may significantly contribute to cause interference with the operation and performance of the POTW or may cause or may significantly contribute to cause pass-through of pollutants through the POTW into waters of the State in sufficient quantities or concentrations to cause or significantly contribute to cause a violation of the POTW's NPDES permit.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, latest edition.
STATE
The State of Missouri.
STORM DRAIN or STORM SEWER
A pipe or conduit which carries stormwater, surface water, drainage and cooling water, and to which wastewater is not intentionally admitted.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS
The dry weights of matter physically suspended in a flow of water or wastewater, as determined by the method of determining total non-filterable residue dried at one hundred three degrees Celsius (103° C.) to one hundred five degrees Celsius (105° C.) described under the heading "Residue" in the Standard Methods of the Examination of Water and Wastewater, latest edition, as published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation and expressed in milligrams per liter by weight.
TOXIC POLLUTANTS
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provisions of Section 1207(a) of the Act[12] or other acts.
USER
The owner or occupant of property or premises that is connected directly or indirectly or has available to the property or premises the facilities of the POTW.
WASTEWATER
The industrial waste or domestic waste from any source which is contributed into or permitted to enter the POTW.
WATERS OF THE STATE
All rivers, streams, lakes and other bodies of surface and subsurface water lying within or forming a part of the boundaries of the State which are not entirely confined and located completely upon lands owned, leased or otherwise controlled by a single person or by two (2) or more persons jointly or as tenants in common and includes waters of the United States lying within the State.
[1]
Editor's Note: See now 33 U.S.C. § 1317.
[2]
Editor's Note: See 33 U.S.C. § 1345.
[3]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[4]
Editor's Note: See now 42 U.S.C. § 6941 et seq.
[5]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[6]
Editor's Note: See 15 U.S.C. § 2601 et seq.
[7]
Editor's Note: See 33 U.S.C. § 1317(b) and (c).
[8]
Editor's Note: See 40 CFR 403.5.
[9]
Editor's Note: See 33 U.S.C. § 1342.
[10]
Editor's Note: See now 33 U.S.C. § 1317.
[11]
Editor's Note: See 33 U.S.C. § 1292.
[12]
Editor's Note: See now 33 U.S.C. § 1317.
B. 
Abbreviations. For the purposes of this Chapter, the following abbreviations shall have the designated meanings:
Abbreviation
Meaning
BOD5
Oxygen demand (biochemical)
CFR
Code of Federal Regulations
CSR
Code of State Regulations
EPA
United States Environmental Protection Agency
gpd
Gallons per day
l
Liter
mg
Milligrams
mg/l
Milligrams per liter
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly Owned Treatment Works
RCRA
Resource Conservation and Recovery Act
SIC
Standard Industrial Classification
SWDA
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
TSS
Total suspended solids (total non-filterable residue)
U.S.C.
United States Code
[R.O. 2017 § 700.020; Ord. No. 04-40 § 1-2, 10-19-2004]
The purpose of this Chapter is to provide for the maximum possible beneficial public use of the POTW through regulations of sewer construction, sewer use and wastewater discharges; to provide for equitable distribution of the costs of the POTW; and to provide procedures for complying with the requirements contained in this Chapter.
[R.O. 2017 § 700.030; Ord. No. 04-40 § 1-3, 10-19-2004]
A. 
The provisions of this Chapter shall apply to the discharge of all wastewater into the POTW. This Chapter provides for use of the POTW, regulations of sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment, alternate treatment facilities, equitable distribution of costs, assurance that existing capacity will not be exceeded, approval of sewer construction plans, issuance of wastewater contribution permits, minimum sewer connection standards and conditions and penalties and other procedures for violation of this Chapter.
B. 
This Chapter shall apply within the City and to persons outside the City who are users of the POTW.
C. 
All connections of lateral or building sewer lines into the sewage system of the POTW service area, whether within or without any City, shall be made subject to such terms and conditions as the ordinances of the City may prescribe.
[R.O. 2017 § 700.040; Ord. No. 04-40 § 1-4, 10-19-2004]
Except as otherwise provided in this Chapter, the Director shall administer, implement and enforce the provisions of this Chapter.
[R.O. 2017 § 700.050; Ord. No. 04-40 § 1-5, 10-19-2004]
A. 
All fees and charges payable under this Chapter shall be paid to the City.
B. 
All fees and charges under the provisions of this Chapter are due and payable upon receipt of notice of charges. Charges unpaid twenty (20) days after mailing of notice of charges shall be delinquent and shall be subject to penalty as provided in Section 700.580 and interest charges at the statutory rate.
C. 
Premium charges, rental fees and applicable fees as defined by the Environmental Protection Agency of the United States of America and as collected by the City pertaining to charges for service outside sewer districts shall be placed by the City Clerk of the City in a special account to be established by the City Clerk to provide debt service for sanitary sewers.
[R.O. 2017 § 700.060; Ord. No. 04-40 § 1-6, 10-19-2004]
The Director or his/her designee bearing proper credentials and identification shall be permitted to enter properties without delay at any reasonable time for the purposes of inspection, observation, measurement and sampling of the wastewater discharge to ensure that the discharge to the POTW is in accordance with the provisions of this Chapter.
[R.O. 2017 § 700.070; Ord. No. 04-40 § 1-7, 10-19-2004]
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or impede accessibility of any structure, appurtenance or equipment which is part of the POTW.
[R.O. 2017 § 700.080; Ord. No. 04-40 § 1-8, 10-19-2004]
A. 
Any information submitted pursuant to this Chapter may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission by stamping the words "confidential business information" on each page containing such information.
B. 
If no claim of confidentially is made at the time of submission, the Director may make the information available to the public without further notice.
C. 
Upon approval of the Director, such portions of a report claimed as "confidential business information" and which might disclose trade secrets, secret processes or methods of production 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, the POTW NPDES permit and/or the pretreatment program; but such portions of a report shall be available for use by the City, the State or any Federal agency in judicial or 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.
[R.O. 2017 § 700.090; Ord. No. 04-40 § 1-9, 10-19-2004]
No person shall knowingly make any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Chapter nor falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this Chapter.
[R.O. 2017 § 700.100; Ord. No. 04-40 § 1-10, 10-19-2004]
A. 
The Director shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant non-compliance with applicable pretreatment standards and requirements. The term "significant non-compliance" shall mean as follows:
1. 
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
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 daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD5, TSS, fats, oils and grease and 1.2 for all other pollutants except pH);
3. 
Any other discharge violation that the Director believes has caused, along 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 Director's exercise of his/her 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 contribution permit or enforcement order for starting construction, completing construction or attaining final compliance;
6. 
Failure to provide, within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self monitoring reports, and reports on compliance with compliance schedules;
7. 
Failure to accurately report non-compliance; or
8. 
Any other violations which the Director determines will adversely affect the operation or implementation of the local pretreatment program.
[R.O. 2017 § 700.110; Ord. No. 04-40 § 1-11, 10-19-2004]
A. 
It shall be unlawful to construct or maintain any privy, privy vault, cesspool or other facility, except septic tanks as provided by this Chapter, intended or used for disposal of wastewater, provided that approved portable chemical toilets may be temporarily erected and maintained on construction sites with the approval of the Director of Building Regulations.
B. 
In lieu of introducing untreated or partially treated wastewater into the POTW, the owner of the premises producing such waste may construct and operate, at his/her expense, private waste treatment facilities with the effluent discharged to the waters of the State, provided:
1. 
The design and operation of such facilities shall continuously produce an effluent which is in compliance with standards that may be imposed by the Director and the State.
2. 
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 Director and the State. Construction shall be in accordance with such approved plans and shall not commence until such approvals are obtained in writing, appropriate permits are obtained and charges or fees are paid.
3. 
Such facilities shall be operated and maintained in a satisfactory and effective manner by the owner at his/her expense. Such facilities shall be subject to inspection by the Director at reasonable times with reasonable notice.
[R.O. 2017 § 700.120; Ord. No. 04-40 § 1-12, 10-19-2004]
The Public Works Director of the City is hereby authorized to approve plans, profiles and specifications for the construction of dead-end sewers and to accept the dedication of such sewers provided the sewers are constructed within one (1) year from the date the Director of Public Works approves the plans and in accordance with City specifications. The person constructing the sewer shall pay to the City in advance of any work all engineering service fees as required by the City for the cost of staking, plan review, inspection and related services by the City during such construction. The City's obligation to maintain the sewers as part of any sanitary sewer system shall not occur until sewers are otherwise available. The person dedicating such sewers shall file and record public sewer easements sufficient to provide the City access to the sewers. The sewers shall be free from any lien for the construction work related thereto. The Director of Public Works shall have authority to accept the dedication of the sewer easements and the sewers when all conditions of this Section have been satisfied.