[Ord. No. 128, 7-9-2019]
For the purposes of this Chapter, and unless the context specifically
indicates otherwise, 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 Director in an NPDES State with an approved State Pretreatment
Program and the appropriate regional administrator of the EPA in a
non-NPDES State or NPDES State without an approved State Pretreatment
Program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
An authorized representative of an industrial user may be:
1.
A principal executive officer of at least the level of vice
president, if the industrial user is a corporation;
2.
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively;
3.
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.
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 ordinances of the Village, or whenever public sewers are available
to the property or premises and the Village has notified the owner
or occupant of the property to connect his/her premises to same.
BEST MANAGEMENT PRACTICES (BMPS)
Management and operational procedures that are intended to prevent pollutants from entering a facility's wastestream or reaching a discharge point. BMPs include but are not limited to schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general prohibitions listed in Sections Article
III [40 CFR 403.5(a)(1) and (b)].
BIOCHEMICAL OXYGEN DEMAND (BOD.)
The quantity of dissolved oxygen required for biochemical
oxidation of organic matter under standard laboratory procedure, in
a period of five (5) days at a temperature of twenty degrees centigrade
(20° C.), expressed in milligrams per liter (Mg/L) by weight and
concentration. Such BOD shall be determined as described under the
heading "Biochemical Oxygen Demand" in the Standard Methods for the
Examination of Water and Wastewater as published jointly by the American
Public Health Association, the American Water Works Association and
the Water Pollution Control Federation.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user
to the POTW, or other place of disposal.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1327) that apply to a specific category of users and that appear in 40 CFR Chapter
I, Subchapter N, Parts 405-471.
COMMERCIAL OR INDUSTRIAL ESTABLISHMENT
Any building, structure or property used or occupied for
any purpose other than human residential occupancy, except such building,
structure or property used or occupied for any purpose defined by
this Section as a "governmental establishment."
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH and fecal
coliform bacteria; plus additional pollutants identified in the publicly-owned
treatment works NPDES permit, where the publicly-owned treatment work
is designed to treat such pollutants and in fact, does treat such
pollutants to the degree required by the POTW's NPDES permit.
CONTROL AUTHORITY
The term "control authority" shall refer to the "approval
authority" defined hereinabove; or the Director of Public Works if
the Village has an approved pretreatment program under the provisions
of 40 CFR 403.11.
COOLING WATER
The water discharge from any use such as air conditioning
cooling or refrigeration; or to which the only pollutant added is
heat.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the State of Missouri.
DOMESTIC WASTE
Any combination of waters from water closets, urinals, lavatories,
sinks, bath tubs, showers, household laundries, household garbage
grinders, bars, soda fountains, cuspidors, refrigerator, dryers, drinking
fountains and all other liquid and water carried wastes except industrial
wastes and cooling water.
DRAINAGE CHANNEL
Any natural or artificially constructed open channel, ditch,
swale, or flume, whether lined or unlined for the drainage of storm,
surface or ground water.
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 or
other duly authorized official of said agency.
FUNDAMENTALLY DIFFERENT FACTORS
Factors relating to a user which are different from those
factors considered during development of a categorical pretreatment
standard as defined in 40 CFR 403.13.
GARBAGE
Solid wastes from the preparation of, cooking and dispensing
of food, and from the handling, storage and sale of produce.
GOVERNMENTAL ESTABLISHMENT
Any building, structure or property owned, used or occupied
by any agency, branch, bureau, commission, department, division, office,
unit or instrumentality of the government of the United States of
America or of the State, or of any municipality or any County or any
other political subdivision or political corporation of any kind whatsoever.
GRAB SAMPLE
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 without consideration
of time.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump vehicles.
INDIRECT DISCHARGE
The discharge or the introduction of pollutants from any
non-domestic source regulated under Section 307 (b), (c) or (d) of
the Act (33 U.S.C. 1317) into the POTW (including holding tank waste
discharged into the system).
INDUSTRIAL USER
A source of indirect discharge which does not constitute
a "discharge of pollutants" under regulations issued pursuant to Section
402, of the Act (33 U.S.C. 1342).
INSTANTANEOUS LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate, and the
duration of the sampling event.
INTERFERENCE
The inhibition or disruption of the POTW, its treatment processes
or operations, or its sludge processes, use of disposal which is a
cause of or significantly contributes to either a violation of any
requirement of the POTW's NPDES permit (including an increase in the
magnitude or duration of a violation) or to the prevention of sewage
sludge use or disposal by the POTW in accordance with the following
Statutory provisions and regulations or permits issued thereunder
(or more stringent State or local regulations): Section 405 of the
Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title
II more commonly referred to as the Resource Conservation and Recovery
Act (RCRA) and including State regulations contained in any State
sludge management plan prepared pursuant to Subtitle D of the SWDA),
the Clean Air Act, and the Toxic Substances Control Act. An industrial
user significantly contributes to such a permit violation or prevention
of sludge use or disposal in accordance with the above-cited authorities
whenever such user:
1.
Discharges a daily pollutant loading in excess of that allowed
by contract with the POTW or by Federal, State or local law;
2.
Discharges wastewater which substantially differs in nature
or constituents from the user's average discharge; or
3.
Knows or has reason to know that its discharge, alone or in
conjunction with discharges from other sources, would result in a
POTW permit violation or prevent sewage sludge use or disposal in
accordance with the above-cited authorities as they apply to the POTW's
selected method of sludge management.
NATIONAL 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,
which applies to industrial users. This term includes prohibitive
discharge limits established pursuant to Section 403.5.
NATURAL OUTLET
Any outlet into a watercourse, stream, creek, river, pond,
lake, or any other body of surface or ground water.
NEW SOURCE
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
Section, provided that:
1.
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
2.
The building, structure, facility or installation totally replaces
the process discharge of pollutants at an existing source; or
3.
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.
4.
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 this Section but otherwise alters, replaces
or adds to existing process or production equipment.
5.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has 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; or
c.
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 for feasibility,
engineering, and design studies do not constitute a contractual obligation
under this paragraph.
PASS THROUGH
The discharge of pollutants through the POTW into navigable
waters in quantities or concentrations which are a cause of or significantly
contribute to a violation of any requirement of the POTW's NPDES permit
(including an increase in the magnitude or duration of a violation).
An industrial user significantly contributes to such permit violation
where it:
1.
Discharges a daily pollutant loading in excess of that allowed
by contract 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 a
permit violation; or
4.
Knows or has reason to know that the POTW is, for any reason,
violating its final effluent limitations in its 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
violations.
pH
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
PLANT MANAGER
The person designated by the Village to supervise the operation
of the publicly owned treatment works and who is charged with certain
duties and responsibilities by this Article, or his/her duly authorized
representative.
POLLUTION
The man-made or man-induced alteration of chemical, physical,
biological, and radiological integrity of water.
POTW TREATMENT PLANT
That portion of the POTW which is designed to provide treatment
(including recycling and reclamation) of municipal sewage and industrial
waste.
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, process changes or
by other means, except as prohibited by 40 CFR, Section 403.6(d).
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, Section 403.6(e).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard imposed on an industrial
user.
PRIVATE WELL
Any well owned by any person for his/her private use.
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, which
is owned in this instance by the Village of Kingdom City. This definition
includes any devices 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. For the purposes
of this Section, "POTW" shall also include any sewers that convey
wastewaters to the POTW from persons outside the Village limits of
Kingdom City who are by contract or agreement with the Village, users
of a Village POTW, even though the sewers may not have been constructed
or may not be maintained by the Village.
RECORDS
Such term includes books, documents, papers, apparatus, data,
readings, records of analysis, plans and graphs.
RESIDENTIAL ESTABLISHMENT
Any building, structure or property designed, constructed
or used for human residential occupancy on a housekeeping or light
housekeeping basis, except such building, structure or property used
or occupied for any purpose defined by this Chapter as a "governmental
establishment."
SANITARY SEWER
A sewer designed and intended to receive and convey only
wastewater as defined herein, together with such ground water infiltration
as cannot be avoided.
SIGNIFICANT INDUSTRIAL USER
All dischargers subject to categorical Pretreatment Standards under 40 CFR Chapter
I, Subchapter N; and any industrial user of the Village's wastewater disposal system who:
1.
Has a discharge flow of twenty-five thousand (25,000) gallons
or more per average work day, or
2.
Has a flow greater than five percent (5%) of the flow in the
Village's wastewater treatment system, or
3.
Has in his/her wastes toxic pollutants as defined pursuant to
Section 307 of the Act of Missouri Statutes and rules, or
4.
Is found by the Village, State Department of Natural Resources
or the U.S. Environmental Protection Agency (EPA) to have significant
impact either singly or in combination with other contributing industries,
on the wastewater treatment system, the quality of sludge, the system's
effluent quality, or air emissions generated by the system. However,
the Village need not designate as significant any non-categorical
industrial user that, in the opinion of the Village and with the agreement
of the approval authority, has no potential for adversely affecting
the POTW's operation or for violating any pretreatment standard or
requirement. Any non-categorical industrial user designated as significant
may petition the Village to be deleted from the list of significant
industrial users on the grounds that it has no potential for adversely
affecting the POTW's operation or violating any pretreatment standard
or requirement.
SIGNIFICANT NON-COMPLIANCE
Applies to all significant industrial users (or any other
industrial user that violates C, D, or H hereof) and shall mean:
1.
Violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same pollutant parameter numeric pretreatment standard or requirement, including instantaneous limits, as defined in Article
III;
2.
Violations in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of pretreatment standard or requirement including instantaneous limits, as defined by Article
III multiplied by one and four-tenths (1.4) for BOD, TSS, fats, oil 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 Article
III (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Utility Superintendent determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
4.
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority to halt or prevent
such a discharge;
5.
Failure to meet, within ninety (90) days after the schedule
date, a compliance schedule milestone contained in a local control
mechanism 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, required reports such as baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports, and reports
on compliance with compliance schedules;
7.
Failure to accurately report non-compliance;
8.
Any other violation, which may include a violation of BMPs,
or group of violations which the Director of Public Works determines
will adversely affect the operation or implementation of the local
pretreatment program.
SLUG DISCHARGE
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow has a reasonable potential
to causes interference with the operation and performance of the POTW
or pass through or an any other way violates the POTW's regulations,
local limits or permit conditions.
STORM DRAIN or STORM SEWER
A pipe or conduit which carries storm water, surface water,
drainage and cooling water, but excludes wastewater.
STORM WATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUSPENDED SOLIDS
The dry weights of the solids physically suspended in a flow
of water or wastewater, as determined by the method of determining
suspended matter described under the heading "suspended matter" in
the Standard Methods for the Examination of Water and Wastewater as
published jointly by the American Public Health Association, the American
Water Works Association and the Water Pollution Control Federation
and expressed in parts per million 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 provision of CWA 307(a) of the Act or
other Acts.
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefitted by discharge to the
POTW.
USER
The owner or occupant of property or premises that is connected
directly or indirectly or has available to said property or premises
the facilities of the POTW of the Village of Kingdom City.
WASTEWATER
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial establishments, industrial facilities,
and institutions together with any groundwater, surface water and
storm water that may be present whether treated or untreated, which
is contributed into or permitted to enter the POTW.
WATER UTILITY
The water utility operated by the Village of Kingdom City,
a Public Water Supply District, or any private water company operating
within the Village.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, water courses, waterways,
springs, reservoirs, and all other bodies or accumulations of surface
water or private, which are contained within, flow through, or border
upon the State or any portion thereof.
[Ord. No. 128, 7-9-2019]
The owner and occupier of any house, building or other structure
which has such structure connected to either a public sanitary, combined
sewer or other private sewage disposal system shall be responsible
for maintaining, at his, her or its expense, the pipes or other sewer
connection running from such structure to the public sanitary, Combined
Sewer or Private Sewage Disposal System (the "Sewer Connection Facilities").
Where the Village becomes aware of a leak appearing in the sewer connection
facilities, the Village shall give such owner and/or occupier of the
property written notice thereof and such person shall immediately
proceed to repair such sewer connection facilities. If such repair
is not made within a reasonable time following such notice, as set
forth in the notice, the Village may discontinue water service to
the property. However, if in the judgment of the Village, any leak
in the sewer connection facilities is of such a nature as to endanger
public safety or welfare or constitute a nuisance or is the source
of waste of any considerable amount of water, the Village may cut
off or discontinue such service without providing prior notice to
the owner or occupier. However, the Village will undertake to provide
such notice as soon as reasonably possible after cutting off such
service.
[Ord. No. 128, 7-9-2019]
Where necessary in the opinion of the Superintendent, the owner shall provide, at his/her expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to three hundred (300) parts per million by weight, or reduce the suspended solids to three hundred fifty (350) parts per million by weight, or control the quantities and rates of discharge of such waters or wastes, pay additional surcharge (Reference is made to Appendix A of this Chapter and Article
III of this Chapter).
BOD Surcharge = $0.49 per lb.
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SS Surcharge = $0.42 per lb.
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[Ord. No. 128, 7-9-2019]
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 accessibly 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. 128, 7-9-2019]
No statement contained in this Article shall be construed as
preventing any special agreement or arrangement between the Village
and any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the Village for treatment,
subject to payment therefore, by the industrial concern.
[Ord. No. 128, 7-9-2019]
the Village is not responsible for cleaning and maintenance
of a private lateral.