City of Chillicothe, MO Sewer Use

Purpose. The purpose of this Chapter is to provide for the maximum possible beneficial public use of the publicly owned treatment works (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 herein.

Scope.

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.

This Chapter shall apply within the City of Chillicothe, Missouri, and to persons outside the City of Chillicothe, Missouri, who are users of the POTW.

All connections of lateral or building sewer lines into the sewage system of the POTW service area, whether within or without the City, shall be made subject to such terms and conditions as the ordinances of the City of Chillicothe may prescribe.

Administration. Except as otherwise provided herein, the Director shall administer, implement and enforce the provisions of this Chapter.

Fees And Charges.

All fees and charges payable under this Chapter shall be paid to the City.

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 720.050 together with interest charges at a rate of nine percent (9%) per annum.

Premium charges, rental fees and applicable fees as collected by the City pertaining to charges for service outside sewer districts, if any, may be placed in an account to be established to provide debt service and operation for sanitary sewers.

All fees and charges payable herein shall be set and adjusted, if necessary, by the Chillicothe Municipal Utilities Board of Public Works. All such fees and charges shall be subject to inspection and filed for record with the Chillicothe Municipal Utilities.

Inspections. The General Manager or his designee shall be permitted to enter properties 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.

Vandalism. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the POTW.

Confidential Information. Information, data, audio and visual media on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the General Manager's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the General Manager, that the release of such information, data, audio and visual media 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, data, audio or visual media. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.

Falsifying Information. 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.

[1]

Editor's Note: This ordinance repealed former Ch. 715, Sewer Use, adopted by Ord. No. 97-9, 1-28-1997, as amended.

Section 715.020 Abbreviations And Definitions.

[Ord. No. 2020-01, 1-13-2020]

Abbreviations. The following abbreviations, when used in this Chapter, shall have the designated meanings:

BOD	Biochemical oxygen demand
BMP	Best management practice
BMR	Baseline monitoring report
CFR	Code of Federal Regulations
CIU	Categorical industrial user
COD	Chemical oxygen demand
EPA	U.S. Environmental Protection Agency
gpd	Gallons per day
IU	Industrial user
mg/l	Milligrams per liter
NPDES	National Pollutant Discharge Elimination System
POTW	Publicly owned treatment works
RCRA	Resource Conservation and Recovery Act
SIU	Significant industrial user
SNC	Significant non-compliance
TSS	Total suspended solids
U.S.C.	United States Code

Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Chapter, shall have the meanings hereinafter designated.

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 Missouri Department of Natural Resources.

BEST MANAGEMENT PRACTICES OR BMPs

The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 2.1A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, slug or waste disposal, or drainage from raw materials storage. [Note: BMPs also include alternative means (i.e., management plans) of complying with, or in place of, certain established categorical pretreatment standards and effluent limits.]

BIOCHEMICAL OXYGEN DEMAND OR BOD

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees Centigrade (20° C.), usually expressed as a concentration (e.g., mg/l).

BOARD

City of Chillicothe Board of Public Works.

CATEGORICAL INDUSTRIAL USER

An industrial user subject to a categorical pretreatment standard or categorical standard.

CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD

ny regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 — 471.

CHEMICAL OXYGEN DEMAND OR COD

A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

CITY

The City of Chillicothe, Missouri, a municipal corporation, acting by and through the Board together with their officers, agents and employees.

COMPOSITE SAMPLE

A wastewater sample composed of several aliquots (subsamples) combined in a known proportion by an automatic sampling device. Proportionality is ensured by collecting subsamples at either equal time intervals or based on the volume of discharge (i.e., flow-proportional sampling), whichever is most appropriate for obtaining a representative sample. Alternative composite approaches will be allowed with approval of the General Manager.

CONTROL AUTHORITY

The City of Chillicothe, Missouri.

DAILY MAXIMUM

The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

DAILY MAXIMUM LIMIT

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.

DULY AUTHORIZED REPRESENTATIVE

An individual having responsibility for the overall operation of the facility or the pretreatment program. This authorization must be made in writing by the principal executive officer or ranking elected official, and submitted to the approval authority. For the purposes of this Chapter the industrial pretreatment Coordinator is the duly authorized representative.

DULY AUTHORIZED REPRESENTATIVE OF THE USER

If the user is a corporation:

The President, Secretary, Treasurer or a Vice President of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation; or

The manager of one (1) or more manufacturing, production or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or

A person designated by the corporation.

If the user is a partnership, limited liability company, other type of entity or sole proprietorship: general partner, a designated member or other person for the entity, or proprietor, respectively.

If the user is a Federal, State or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or their designee.

The individuals described in Subsections (1) through (3) above may designate another duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the City.

ENVIRONMENTAL PROTECTION AGENCY OR EPA

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

EXISTING SOURCE

Any source of discharge that is not a new source.

GENERAL MANAGER

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

GRAB SAMPLE

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

INDIRECT DISCHARGE OR DISCHARGE

The introduction of pollutants into the POTW from any non-domestic source.

INDUSTRIAL USER (IU) OR USER

A source of indirect discharge.

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

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

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its slug processes, use or disposal; and therefore is a cause of a violation of the City's NPDES permit or of the prevention of sewage slug 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)";[1] any State regulations contained in any State slug management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act;[2] the Toxic Substances Control Act;[3] and the Marine Protection, Research and Sanctuaries Act.

LOCAL LIMIT

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).

MEDICAL WASTE

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

MONTHLY AVERAGE

The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

MONTHLY AVERAGE LIMIT

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.

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:

The building, structure, facility or installation is constructed at a site at which no other source is located; or

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

The production of 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 next facility is engaged in the same general type of activity as the existing source should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters, replaces or adds to the existing process or production equipment.

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

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

(1)

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

(2)

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

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

NON-CONTACT COOLING WATER

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

PASS THROUGH

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

PERSON

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

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

POLLUTANT

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

PRETREATMENT

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

PRETREATMENT REQUIREMENTS

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

PRETREATMENT STANDARDS OR STANDARDS

Prohibited discharge standards, categorical pretreatment standards and local limits.

PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances as listed in Section 715.060 of this Chapter.

PUBLIC SEWER

A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

PUBLICLY OWNED TREATMENT WORKS OR POTW

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

SEPTIC TANK WASTE

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

SEWAGE

Human excrement and gray water (household showers, dishwashing operations, etc.).

SIGNIFICANT INDUSTRIAL USER

Except as provided in Subsections (3) and (4) of this definition, a significant industrial user is:

An industrial user subject to categorical pretreatment standards; or

An industrial user that:

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

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

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

The City may determine that an industrial user subject to categorical pretreatment standards is a non-significant 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, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

The industrial user, prior to the 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 715.130(N)(2) [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and

The industrial user never discharges any untreated concentrated wastewater.

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

SLUG LOAD OR SLUG DISCHARGE

Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards as listed in Section 715.060 of this Chapter. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.

STORMWATER

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

TOTAL SUSPENDED SOLIDS OR SUSPENDED SOLIDS

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

USER OR INDUSTRIAL USER

A source of indirect discharge.

WASTEWATER

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

WASTEWATER TREATMENT PLANT OR TREATMENT PLANT

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

[1]

Editor's Note: See 42 U.S.C. § 6901 et seq.

[2]

Editor's Note: See 42 U.S.C. § 7401 et seq.

[3]

Editor's Note: See 15 U.S.C. § 2601 et seq.

Section 715.030 Use Of Public Sewers Required.

[Ord. No. 2020-01, 1-13-2020]

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 Chillicothe, or in any area under the jurisdiction of said City, any human or animal excrement, garbage or other objectionable waste.

It shall be unlawful to discharge to any natural outlet within the City of Chillicothe, 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.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, a privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage.

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 now 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 therein and to connect such 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 lines.

Section 715.040 Private Sewage Disposal.

[Ord. No. 2020-01, 1-13-2020]

Where a public sanitary or combined sewer is not available under the provisions of Section 715.030(D), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Chapter.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the General Manager. 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 General Manager. A permit and inspection fee shall be paid at the time the application is filed.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the General Manager. 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 General Manager when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within seventy-two (72) hours of the receipt of notice by the General Manager.

The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Missouri. 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 three (3) acres. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided herein, 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 material.

The owner shall always operate and maintain the private sewage disposal facilities in a sanitary manner, at no expense to the City.

No statement contained in this Chapter shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.

When a public sewer becomes available, the building sewer shall be connected to said sewer within ninety (90) days, and the private sewage disposal system shall be cleaned of slug and filled with clean bank-run gravel or dirt.

Section 715.050 Building Sewers And Connections.

[Ord. No. 2020-01, 1-13-2020]

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 General Manager. This permit shall be obtained from the Municipal Utilities office.

There shall be two (2) classes of building sewer permits:

For residential and commercial service; and

For service to establishments producing industrial wastes. 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 General Manager. A permit and tap fee of one hundred dollars ($100.00) for up to a six-inch sewer tap shall be paid to the City at the time the application is filed. These fees may increase by three percent (3%) per calendar year.

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, costs, including attorneys' fees, litigation expenses and court costs, fines, penalties or damage that may directly or indirectly be occasioned by the installation of the building sewer.

A separate and independent building sewer shall be provided for every building; except where one (1) building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard 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.

Old building sewers may be used in connection with new buildings only when they are located by the contractor, tested and examined at the contractor's expense. All testing and examination will be overseen by the Municipal Utilities and approved by the General Manager.

The size, slope, alignment, materials of construction of a building sewer and the methods to be used in the excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.

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.

No person shall make connection of roof downspouts, 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.

The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the City or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedure and materials must be approved by the General Manager before installation.

The applicant for the building sewer permit shall notify the General Manager when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the General Manager or his/her representative.

All excavations for building sewer installation shall be adequately guarded with barricades and lights 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.

Connections to the public sewer may be made by a licensed plumbing contractor for a fee which will be determined by the size of the tap. The municipal utility employees will oversee tapping installation. All excavation, backfilling and tamping in preparation for the tap and all repairs to the street shall be done by the applicant. The City sewer inspector shall be notified that this service is desired at least twenty-four (24) hours in advance.

Section 715.060 General Sewer Use Requirements.

[Ord. No. 2020-01, 1-13-2020]

Discharge Standards.

General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether they are subject to categorical pretreatment standards or any other national, State or local pretreatment standards or requirements.

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

Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (140° F.) [sixty degrees Centigrade (60° C.)] using the test methods specified in 40 CFR 261.21;

Wastewater having a pH less than six (6) or more than eleven and one-half (11.5) or otherwise causing corrosive structural damage to the POTW or equipment;

Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference;

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

Wastewater having a temperature greater than one hundred fifty degrees Fahrenheit (150° F.) [sixty-five degrees Centigrade (65° C.)] or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees Fahrenheit (104° F.) [forty degrees Centigrade (40° C.)];

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

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

Trucked or hauled pollutants, except at discharge points designated by the General Manager in accordance with Section 715.100(C)(5) of this Chapter;

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

Wastewater which imparts color which cannot be removed by the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit; wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations; stormwater, surface water, groundwater, artisan well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water and unpolluted wastewater, unless specifically authorized by the General Manager;

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

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

Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;

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

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

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.

Any waste discharges containing the following pollutants to such a degree that the monthly average total mass loading from all SIUs exceeds the quantity specified below. The General Manager will distribute the permit limitations in pounds per day for all users that meet the definition of SIU as defined by City ordinance. At the discretion of the General Manager equivalent monthly average pollutant concentrations may be imposed. All metallic pollutants are for total metals unless otherwise specified. The Table of Masses is as follows:

Total Mass Allowable (pounds) from SIU's (Monthly Average)
Pollutant of Concern	Maximum Allowable Industrial Load (pounds per day)
Arsenic	0.21
Cadmium	0.030
Cyanide	0.14
Chromium	4.49
Copper	0.99
Mercury	0.020
Molybdenum	0.21
Nickel	0.83
Lead	0.34
Zinc	5.3
Hex. Chrome	0.19
BOD	2250
TSS	2500
Ammonia	270

The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise.

National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 — 471 are hereby incorporated as if more fully stated herein.

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

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

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

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

Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with this Section. Any industrial user wishing to obtain credit for intake pollutants must make application to the City of Chillicothe. Upon request of the industrial user, the applicable standard will be calculated on a net basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of Subsection (B)(4)(b) of this Section are met.

Criteria.

(1)

Either the applicable categorical pretreatment standards contained in 40 CFR Subchapter N specifically provide that they shall be applied on a net basis; or

(2)

The industrial user demonstrates that the control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.

Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease should not be granted unless the industrial user demonstrates that the constituents of the generic measure in the user's effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standard(s), up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with standard(s) adjusted under this Section.

Credit shall be granted only if the user demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The City of Chillicothe may waive this requirement if it finds that no environmental degradation will result.

State Pretreatment Standards. Pretreatment standards presently in effect by the Revised Statutes of Missouri are hereby incorporated by reference.

Local Limits.

The General Manager is authorized to establish local limits pursuant to 40 CFR 403.5(c).

The General Manager may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits or general permits, to implement local limits and the requirements of Section 715.060.

City's Right to Revision. The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this Chapter.

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

Section 715.070 Publication Of users In Significant Non-Compliance.

[Ord. No. 2020-01, 1-13-2020]

The General Manager shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, during the previous twelve (12) months, were in significant Non-Compliance with applicable pretreatment standards and requirements. The term "significant non-compliance" shall be applicable to all significant industrial users (or any other industrial user that violates Subsection (A)(3), (4) or (8) of this Section) and shall mean:

"Chronic violations of wastewater discharge limits," defined here as those in which sixty-six percent (66%) or more of all wastewater measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in Section 715.060;

"Technical review criteria (TRC) violations," defined here as those in which thirty-three percent (33%) or more of the wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by Section 715.060, multiplied by the applicable criteria [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];

Any other discharge violation of a pretreatment standard or requirement as defined by Section 715.060 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the General Manager 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;

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

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;

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;

Failure to accurately report non-compliance; or

Any other violation(s) which may include a violation of best management practices, which the General Manager determines will adversely affect the operation or implementation of the local pretreatment program.

Section 715.080 Accidental Discharge/Slug Discharge Control Plans.

[Ord. No. 2020-01, 1-13-2020]

The General Manager shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The General Manager may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the General Manager may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

Description of discharge practices, including non-routine batch discharges;

Description of stored chemicals;

Procedures for immediately notifying the General Manager of any accidental or slug discharge, as required by Section 715.130(F) of this Chapter; and

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.

Section 715.090 Protection From Damage.

[Ord. No. 2020-01, 1-13-2020]

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to a fine not to exceed five hundred dollars ($500.00) or by a term of imprisonment not to exceed six (6) months, or by both such fine and imprisonment.

Section 715.100 Pretreatment Of Wastewater.

[Ord. No. 2020-01, 1-13-2020]

Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in Section 715.060 of this Chapter herein within the time limitations specified by the EPA, the State or the General Manager, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the General Manager for review and shall be acceptable to the General Manager before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Chapter.

Additional Pretreatment Measures.

Whenever deemed necessary, the General Manager may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this Chapter.

The General Manager may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

Grease, oil and sand interceptors shall be provided when, in the opinion of the General Manager, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand, except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the General Manager and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at their expense.

Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

Accidental Discharge/Slug Control Plans. The General Manager shall periodically determine whether each significant industrial user needs an accidental discharge/slug control plan. The General Manager may require any user to develop, submit for approval and implement such a plan. Alternatively, the General Manager may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

Description of discharge practices, including non-routine batch discharges;

Description of stored chemicals;

Procedures for immediately notifying the General Manager of any accidental or slug discharge as required by Section 715.130(F) of this Chapter; and

Hauled Wastewater.

Septic tank waste may be introduced into the POTW only at locations designated by the General Manager and at such times as are established by the General Manager. Such waste shall not violate Section 715.060 or any other requirements established by the City. The General Manager may require septic tank waste haulers to obtain wastewater discharge permits.

The General Manager may require haulers of industrial waste to obtain wastewater discharge permits. The General Manager may require generators of hauled industrial waste to obtain wastewater discharge permits. The General Manager also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this Chapter.

Industrial waste haulers may discharge loads only at locations designated by the General Manager. No load may be discharged without prior consent of the General Manager. The General Manager may collect samples of each hauled load to ensure compliance with applicable standards. The General Manager may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

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 waste and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents and whether any wastes are RCRA hazardous wastes.

Section 715.110 Wastewater Discharge Permit Application.

[Ord. No. 2020-01, 1-13-2020]

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

Wastewater Discharge Permit Requirement.

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

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

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of an ordinance and subjects the wastewater discharge permittee to the sanctions set out in Section 715.160. Obtaining a 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.

Wastewater Discharge Permit — Existing Connections. Any user to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Chapter and who wishes to continue such discharges in the future shall, within ninety (90) days after said date, apply to the General Manager for a wastewater discharge permit in accordance with Subsection (E) of this Section and shall not cause or allow discharges to the POTW to continue after one hundred eighty (180) days of the effective date of this Section except in accordance with a wastewater discharge permit issued by the General Manager.

Wastewater Discharge Permitting — New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Subsection (E) below of this Section, must be filed at least fifteen (15) days prior to the date upon which any discharge will begin or recommence.

Wastewater Discharge Permit Application Contents. All users are required to obtain a wastewater discharge permit application. The General Manager may require all users to submit as part of an application the following information:

All information required by Section 715.130 of this Chapter;

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

Description Of Operations.

A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;

Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

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

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

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation and all points of discharge;

Time and duration of discharges; and

The location for monitoring all wastes covered by the permit;

Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Section 715.060(B)(2)[40 CFR 403.6(e)].

Measurement Of Pollutants.

The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the General Manager, of regulated pollutants in the discharge from each regulated process.

Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 715.130(J) of this Chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the General Manager or the applicable standards to determine compliance with the standard.

Sampling must be performed in accordance with procedures set out in Section 715.130(K) of this Chapter.

Any other information as may be deemed necessary by the General Manager to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

Application Signatories And Certification.

All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the certification statement in 715.130N(1).

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 General Manager prior to or together with any reports to be signed by an authorized representative.

A facility determined to be a non-significant categorical industrial user by the General Manager pursuant to 715.020 must annually submit the signed certification statement in 715.130(N)(2).

Wastewater Discharge Permit Decisions. The General Manager will evaluate the data furnished by the user and may require additional information. Within sixty (60) days of receipt of a complete wastewater discharge permit application, the General Manager will determine whether to issue a wastewater discharge permit. The General Manager may deny any application for a wastewater discharge permit.

Other Control Mechanisms. Other control mechanisms, including discharger agreements, may be used to fulfill the purpose of individual wastewater permits for users that discharge into collection systems that are not operated by the Board, but are connected to the Board's POTW. When this occurs, these control mechanisms shall fulfill the purpose and requirements of individual wastewater discharge permits, as described in this Chapter.

Section 715.120 Wastewater Discharge Permit Issuance Process.

[Ord. No. 2020-01, 1-13-2020]

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

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

Wastewater discharge permits must contain:

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

A statement that the wastewater discharge permit is non-transferable without prior notification to the City in accordance with this Chapter and provisions for furnishing the new owner or operation with a copy of the existing wastewater discharge permit;

Effluent limits including best management practices based on applicable pretreatment standards;

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

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;

Requirements to control slug discharge, if determined by the General Manager to be necessary.

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

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

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;

Requirements for the development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated or non-routine discharges;

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

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

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

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

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

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

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

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

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

If the General Manager fails to act within ninety (90) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Circuit Court of Livingston County, Missouri, within thirty (30) days of the effective date of the denial or as set forth herein.

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

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

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

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

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

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

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

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

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

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

Wastewater Discharge Permit Transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days' advance notice to the General Manager and the General Manager approves the wastewater discharge permit transfer. The notice to the General Manager must include a written certification by the new owner or operator which:

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

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

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

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

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

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

Failure to provide prior notification to the General Manager of changed conditions pursuant to this Chapter;

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

Falsifying self-monitoring reports;

Tampering with monitoring equipment;

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

Failure to meet effluent limitations;

Failure to pay fines;

Failure to pay sewer charges;

10.

Failure to meet compliance schedules;

11.

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

12.

Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

13.

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

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

Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with this Section, a minimum of sixty (60) days prior to the expiration of the user's existing wastewater discharge permit.

Regulation Of Waste Received From Other Jurisdictions.

If another municipality, or user located within another municipality, contributes wastewater to the POTW, the General Manager shall enter into an intermunicipal agreement with the contributing municipality.

Prior to entering into an agreement required by Subsection (H)(1) above, the General Manager shall request the following information from the contributing municipality:

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

An inventory of all users located within the contributing municipality that are discharging to the POTW; and

Such other information as the General Manager may deem necessary.

An intermunicipal agreement, as required by Subsection (H)(1) above, shall contain the following conditions:

A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Section and local limits including baseline monitoring reports (BMR) which are at least as stringent as those set out in Section 715.060(D). The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City of Chillicothe ordinance or local limits;

A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

A provision specifying which pretreatment implementation activities, including 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 General Manager, and which of these activities will be conducted jointly by the contributing municipality and the General Manager;

A requirement for the contributing municipality to provide the General Manager with access to all information that the contributing municipality obtains as part of its pretreatment activities;

Limits on the nature, quality and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;

Requirements for monitoring the contributing municipality's discharge;

A provision ensuring the General Manager 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 General Manager; and

A provision specifying remedies available for breach of the terms of the intermunicipal agreement.

Section 715.130 Reporting Requirements.

[Ord. No. 2020-01, 1-13-2020]

Baseline Monitoring Reports.

Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard or the final administrative decision on a 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 to the General Manager a report which contains the information listed in Subsection (A)(2), below. At least ninety (90) days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the General Manager a report which contains the information listed in Subsection (A)(2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

Users described above shall submit the information set forth below.

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

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

Description Of Operations.

(1)

A brief description of the nature, average rate of product (including each product produced by type, amount, processes, and rate of production) and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(2)

Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

(3)

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

(4)

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

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; time and duration of discharges;

The location for monitoring all wastes covered by the permit;

Measurement Of Pollutants.

(1)

The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for previously unpermitted connections.

(2)

The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the General Manager, of regulated pollutants in the discharge from each regulated process.

(3)

Instantaneous, daily maximum and long-term average concentrations or mass, where required, shall be reported.

(4)

(5)

Sampling must be performed in accordance with procedures set out in this Chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the General Manager or the applicable standards to determine compliance with the standard.

(6)

Sampling must be performed in accordance with procedures set out in Section 715.130(K) of this Chapter.

Certification. A statement, reviewed and certified by the user's authorized representative as defined in Sec. 715.020(B) indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to Section 715.130(B) must meet the requirements set out in this Chapter.

Signature And Certification. All baseline monitoring reports must be signed and certified in accordance with this Chapter.

Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by this Chapter:

The schedule shall contain progress increments in the form of dates for the commencement and completion of major events to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction and beginning and conducting routine operation);

No increment referred to above shall exceed nine (9) months;

The user shall submit a progress report to the General Manager no later than fourteen (14) days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the user to return to the established schedule; and

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

Reports On Compliance With Categorical Pretreatment Standard Deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the General Manager a report containing the information described in Section 715.110(E)(6) and (7) and Section 715.130(A)(2)(g). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with this Chapter. All sampling will be done in conformance with Section 715.130(K).

Periodic Compliance Reports.

All significant industrial users shall, at a frequency determined by the General Manager but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the General Manager or the pretreatment standard necessary to determine the compliance status of the user.

All periodic compliance reports must be signed and certified in accordance with this Chapter.

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, always kept clean and maintained in good working order. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

If a user subject to the reporting requirement in this Section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the General Manager using the procedures prescribed in Section 715.130(K), the results of this monitoring shall be included in the report.

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

The General Manager may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 715.110.

The General Manager may issue a wastewater discharge permit under this Chapter or modify an existing wastewater discharge permit under Section 715.120(G) of this Chapter or modify an existing wastewater discharge permit under Section 715.120(D) in response to changed conditions or anticipated changed conditions.

For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent (20%) or greater and the discharge of any previously unreported pollutants.

Reports Of Potential Problems.

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

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

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection (F)(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

Significant industrial users are required to notify the General Manager immediately of any changes at its facility affecting the potential for a slug discharge.

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

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

Notification Of The Discharge Of Hazardous Waste.

Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 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: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this Subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 715.130(A) of this Chapter. The notification requirement in this Section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 715.130(C) and (D) of this Chapter.

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

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

In the case of any notification made under this Section, the user shall certify that 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.

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

Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the General Manager or other parties approved by the EPA.

Sample Collection.

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.

Except as indicated in Subsection (K)(3) and (4) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite collection techniques, unless time-proportional composite sampling or grab sampling is authorized by the General Manager. Where time-proportional composite sampling or grab sampling is authorized by the General Manager, 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 of Chillicothe, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

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

For sampling required in support of baseline monitoring and ninety-day compliance reports required in Section 715.130(A) and Section 715.130(C) [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the General Manager may authorize a lower minimum. For the reports required by Section 715.130(D) [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 with applicable pretreatment standards and requirements.

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

Recordkeeping. Users subject to the reporting requirements of this Chapter shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this Chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under Section 715.060(E). Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples, the dates analyses were performed, who performed the analyses, the analytical techniques or methods used and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City or where the user has been specifically notified of a longer retention period by the General Manager.

Certification Statements.

The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 715.110; users submitting baseline monitoring reports under Section 715.130(A)(2)(h); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 715.130(C) and users submitting periodic compliance reports required by Section 715.130(D). The following certification statement must be signed by an authorized representative as defined in Section 715.020(B):

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

Annual Certification For Non-Significant Categorical Industrial Users. A facility determined to be a non-significant categorical industrial user by the General Manager pursuant to Sections 715.020 and 715.110(F)(3) must annually submit the following certification statement. This certification must accompany an alternative report required by the General Manager:

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 non-significant categorical industrial user as described in Section 715.020. [Note: See 40 CFR 403.3(v)(2)]

The facility complied with all applicable pretreatment standards and requirements during this reporting period; and

The facility never discharged more than one hundred (100) gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information.

Section 715.140 Compliance Monitoring.

[Ord. No. 2020-01, 1-13-2020]

Right Of Entry; Inspection And Sampling. The General Manager or his designee shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the General Manager ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties, including documentation with audio and/or visual media for the purposes identified herein.

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

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

The General Manager may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall always be maintained 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 at least once each six (6) months to ensure their accuracy.

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

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

Search Warrants. If the General Manager has been refused access to a building, structure or property or any part thereof and is able to demonstrate probable cause to believe that there may be a violation of this Section 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 Section or any permit or order issued hereunder or to protect the overall public health, safety and welfare of the community, then the General Manager may seek issuance of a search warrant from the Livingston County Circuit Court.

Section 715.150 Powers And Authority Of Inspectors.

[Ord. No. 2020-01, 1-13-2020]

The General Manager and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, records examination and copying, testing, and collecting audio and/or visual media in accordance with the provisions of this Section, and the performance of any additional duties. The General Manager 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 or waterways or facilities for waste treatment.

While performing the necessary work on private properties referred to herein, the General Manager or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company.

The General Manager 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 purpose of, but not limited to, inspection, observation, measurement, sampling, collection of audio and/or visual media, 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.

It shall be the duty of the City Sewer Inspector to inspect each service lateral before any connection is made to the sewerage system and to require that all defects or unsatisfactory construction features be corrected before permitting the connection to be made. The City Sewer Inspector shall be present at the time the connection is made, and it shall be the responsibility of the owner or his/her representatives to notify him/her in advance of the time and place where the connection will be made.

The City Sewer Inspector shall make an inspection of the method of disposing of roof and other stormwater drainage from each house which is connected to the sanitary sewers of the City of Chillicothe within ninety (90) days after the passage and approval of this Chapter and as frequently thereafter as is necessary to secure compliance with this Chapter. Following each inspection, the City Sewer Inspector shall submit a list of all property owners whose property or properties have connections in violation of this Chapter to the City Clerk. Written notification of any violation of this Chapter shall then be given by municipal utilities to the owner or owners of the property upon which the violation occurs. If the provisions of this Chapter have not been complied with within the period of thirty (30) days following date of notice of violation, the City shall have the right to make, or have made, such alterations as are deemed necessary by the City Sewer Inspector to meet the requirements of this Chapter, and all costs thereof shall be provided for and defrayed by a special tax bill to be assessed in favor of the City against the property on which said improvements are made, and such special tax shall become a lien on said property.

Section 715.160 Administrative Enforcement Remedies.

[Ord. No. 2020-01, 1-13-2020]

Notification Of Violation. When the General Manager finds that a user has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the General Manager may serve upon that user a written notice of violation. Within or up to a maximum of thirty (30) days as required by the General Manager of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the General Manager. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this Section shall limit the authority of the General Manager to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Administrative Orders. Administrative Orders (AOs) are enforcement documents that direct industrial users to undertake and/or to cease specified activities by specified deadlines. The terms of an AO may or may not be negotiated with industrial users. AOs may incorporate compliance schedules, administrative penalties, termination of service, cease-and-desist and show-cause orders. An Administrative Order is judicially enforceable, and the minimum level of enforcement used to address significant non-compliance.

Consent Orders. The General Manager may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such documents shall include specific action to be taken by the user to correct the non-compliance within a time period specified by the document.

Compliance Orders. When the General Manager finds that a user has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the General Manager may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the non-compliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Show-Cause Hearing/Order. The General Manager may order a user which has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the General Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) business days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 715.020(B) and required by Section 715.110F. A show-cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

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

Immediately comply with all requirements; and

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

Administrative Fines.

When the General Manager finds that a user has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the General Manager may fine such user in an amount not to exceed five hundred dollars ($500.00). Such fines may be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines may be assessed for each day during the period of violation.

Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of nine percent (9%) per annum. A lien against the user's property shall be sought for unpaid charges, fines, and penalties pursuant to Section 250.234, RSMo.

Users desiring to dispute such fines must file a written request for the General Manager to reconsider the fine along with full payment of the fine amount within sixty (60) days of being notified of the fine. Where a request has merit, the General Manager may conduct an informal review on the matter. In the event the user's request for review is successful, the fine, together with interest accruing thereto at the rate of nine percent (9%) per annum from the date of the payment, shall be returned to the user. If the request for review is unsuccessful or no review is requested, the General Manager may add the costs of preparing administrative enforcement actions, such as attorney fees, recording costs, and costs of notices and orders, to the fine.

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

Emergency Suspensions. The General Manager may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The General Manager may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the General Manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The General Manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the General Manager that the period of endangerment has passed, unless the termination proceedings in Section 715.160(E) of this Chapter are initiated against the user.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the General Manager prior to the date of any show-cause or termination hearing under Section 715.160(B)(3) or 715.160(E), Termination of Discharge, of this Chapter.

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

Termination Of Discharge.

In addition to the provisions in Section 715.120(F) of this Chapter, any user who violates the following conditions is subject to discharge termination:

Violation of individual wastewater discharge permit conditions;

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

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

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

Violation of the pretreatment standards in Section 715.060 of this Chapter.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 715.160(B)(3) of this Chapter why the proposed action should not be taken. Exercise of this option by the General Manager shall not be a bar to, or a prerequisite for, taking any other action against the user.

Section 715.170 Judicial Enforcement Remedies.

[Ord. No. 2020-01, 1-13-2020]

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

Civil Penalties.

A user who has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City of Chillicothe for a maximum civil penalty allowed under State law but not less than five hundred dollars ($500.00) per violation, per day. In the case of a weekly or other longer-term average discharge limit, penalties shall accrue for each day during the period of the violation.

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

In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

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

Criminal Prosecution.

A user who willfully or negligently violates any provision of this Chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) per violation, per day, or imprisonment for not more than six (6) months, or both.

A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of up to five hundred dollars ($500.00) or be subject to imprisonment for not more than six (6) months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Chapter, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00) per violation, per day, or imprisonment for not more than six (6) months, or both.

In the event of a second conviction, a user shall be punished by a fine of not more than five hundred dollars ($500.00) per violation, per day, or imprisonment for not more than six (6) months, or both.

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

Section 715.180 Supplemental Enforcement Action.

[Ord. No. 2020-01, 1-13-2020]

Penalties For Late Reports. A penalty of twenty dollars ($20.00) per calendar day shall be assessed to any user for each day that a report required by this Chapter, a permit or order issued hereunder is late, beginning seven (7) calendar days after the date the report is due. The penalty per calendar day may continue to increase up to a maximum of five hundred dollars ($500.00) per calendar day at the General Manager's discretion. Actions taken by the General Manager to collect late reporting penalties shall not limit the General Manager's authority to initiate other enforcement actions that may include penalties for late reporting violations.

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

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

Payment Of Outstanding Fees And Penalties. The General Manager may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this Chapter, a previous individual wastewater discharge permit, or order issued hereunder.

Cost Recovery. If it is determined that an illicit discharge is imminent or has occurred, the actual administrative costs incurred by the City in the enforcement of this Chapter shall be recovered from the responsible party. The General Manager shall submit an invoice to the responsible party reflecting the actual costs and wages and expenses incurred by the City for the enforcement activities undertaken. Failure to pay charges invoiced under this Chapter within thirty (30) days of billing shall constitute a violation of this Chapter.

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

Section 715.190 Affirmative Defenses To Discharge Violations.

[Ord. No. 2020-01, 1-13-2020]

Upset.

For the purposes of this Section, "upset" means an exceptional incident in which there is unintentional and temporary non-compliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

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

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

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

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

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

(1)

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

(2)

The period of non-compliance, including exact dates and times or, if not corrected, the anticipated time the non-compliance is expected to continue; and

(3)

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

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

Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for non-compliance with categorical pretreatment standards.

Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for non-compliance with the general prohibitions in Section 715.060(A)(1) of this Chapter or the specific prohibitions in Sections 715.060(A)(2)(a) through (o) 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:

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

A local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City of Chillicothe was regularly in compliance with its NPDES permit and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.

Bypass.

For the purposes of this Section:

"Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility.

"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.

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

Bypass Notifications.

If a user knows in advance of the need for a bypass, it shall submit prior notice to the General Manager, at least ten (10) days before the date of the bypass, if possible.

A user shall submit oral notice to the General Manager of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The General Manager may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

Bypass.

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

(1)

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2)

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(3)

The user submitted notices as required under Subsection (C)(3) of this Section.

The General Manager may approve an anticipated bypass, after considering its adverse effects, if the General Manager determines that it will meet the three (3) conditions listed in Subsection (C)(4)(a) of this Section.

Section 715.200 Wastewater Treatment Rates.

[Ord. No. 2020-01, 1-13-2020]

(Reserved)

Section 715.210 Pretreatment Charges And Fees.

[Ord. No. 2020-01, 1-13-2020]

The City of Chillicothe may adopt reasonable fees for reimbursement of costs of setting up and operating the City of Chillicothe pretreatment program, which may include:

Fees for wastewater discharge permit applications, including the cost of processing such applications;

Fees for monitoring, inspection, and surveillance procedures, including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users;

Fees for reviewing and responding to accidental discharge procedures and construction;

Fees for filing appeals;

Fees to recover administrative and legal costs not included in Section 715.090 associated with the enforcement activity taken by the General Manager to address IU non-compliance; and

Other fees as the City of Chillicothe may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Chapter and are separate from all other fees, fines, and penalties chargeable by the City of Chillicothe.

Section 715.220 Severability.

[Ord. No. 2020-01, 1-13-2020]

If any provision of this Chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.