City of Mount Vernon, MO Sewer Use Regulations

This Chapter sets forth uniform requirements for users of the publicly owned treatment works for the City of Mount Vernon (POTW) and enables the City of Mount Vernon (the City) to comply with all applicable State and Federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR 403). The objectives of this Chapter are:

To prevent the introduction of pollutants into the POTW that will interfere with its operation;

To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;

To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

To promote reuse and recycling of industrial wastewater and sludge from the POTW;

To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW; and

To enable the City to comply with its national pollutant discharge elimination system permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the POTW is subject.

This Chapter shall apply to all users of the POTW. This Chapter authorizes the issuance of individual wastewater discharge permits, provides for monitoring, compliance, and enforcement activities, establishes administrative review procedures; requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

Administration. Except as otherwise provided herein, the Public Works Director or his/her duly authorized representative shall administer, implement, and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the Public Works Director or his/her duly authorized representative may be delegated by the Public Works Director or to his/her duly authorized representative.

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 - United States Environmental Protection Agency

gpd - Gallons per day

IU - Industrial User

mg/l - Milligrams per liter

NPDES - National Pollutant Discharge Elimination System

NSCIU - Non-Significant Categorical Industrial User

POTW - Publicly Owned Treatment Works for the City of Mount Vernon

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

State of Missouri Department of Natural Resources.

AUTHORIZED OR 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 decisionmaking functions for the corporation; or

The manager of one (1) or more manufacturing, production, or operating 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.

If the user is a partnership or sole proprietorship: a general partner 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 (2) of this definition, above, may designate a 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.

BEST MANAGEMENT PRACTICES or BMPs

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 720.020(A) 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, sludge or waste disposal, or drainage from raw materials storage.

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).

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet [one and five-tenths (1.5) meters] outside the inner face of the building wall.

BUILDING OFFICIAL

The designated inspection official of the City or his/her authorized representative.

BUILDING SEWER

The extension from the building drain to the public sewer or other place of disposal.

CATEGORICAL INDUSTRIAL USER

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

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 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 Mount Vernon.

CONTROL AUTHORITY

The City of Mount Vernon.

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.

ENVIRONMENTAL PROTECTION AGENCY or EPA

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

EXISTING SOURCE

Any source of discharge that is not a new source.

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking and dispensing of foods and from the handling, storage and sale of produce.

GRAB SAMPLE

A sample that 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.

HAZARDOUS WASTE

Any discharge to the POTW of a substance which, if otherwise disposed of, would be a hazardous waste.

INDIRECT DISCHARGE or DISCHARGE

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

INSTANTANEOUS LIMIT

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

INTERFERENCE

A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal and therefore, is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the "Resource Conservation and Recovery Act (RCRA)"; any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.[1]

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.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

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)[2] of the Act that 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 or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

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) of this definition, above, but otherwise alters, replaces, or adds to 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 into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.

NON-CONTACT COOLING WATER

Water used for cooling that 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, copartner ship, 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, and maybe be averaged.

POLLUTANT

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

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

Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

PRIVATE SEWAGE DISPOSAL SYSTEM

A self-contained system which provides both treatment and disposal of sewage on an individual lot.

PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 720.020(A) of this Chapter.

PUBLIC SEWER

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

SANITARY SEWER

A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.

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, dish washing operations, etc.).

SEWAGE WORKS

All facilities for collecting, pumping, treating and disposing of sewage.

SEWER

A pipe or conduit for carrying sewage.

SHALL

Is mandatory; "may" is permissive.

SIGNIFICANT INDUSTRIAL USER (SIU)

Except as provided in Subsections (2) and (3) of this definition, a significant industrial user is:

An industrial user subject to categorical pretreatment standards; or

An industrial user that:

(1)

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

(2)

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

(3)

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 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 720.060(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 (1)(b) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from an industrial 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 in Section 720.020(A) 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 snowmelt.

THE PUBLIC WORKS DIRECTOR

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. The term also means a duly authorized representative of the Public Works Director. Duly authorized representative must be 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 Public Works Director is the duly authorized representative.

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 that 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 33 U.S.C. § 1345, 42 U.S.C. § 6901 et seq., 42 U.S.C. § 7401 et seq., 15 U.S.C. § 2601 et seq., and 33 U.S.C. § 1401 et seq., respectively.

[2]

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

Section 720.015 Sewers And Sewage Disposal Regulations; Violations And Penalties.

[Ord. No. 13.112, 9-22-2020]

Private Sewage Disposal.

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, alleyway 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 provision of this Section within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet of the property line.

Where a public sanitary or combined sewer is not available under the provisions of Section 720.015(A)(1), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Section.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Building Code Enforcement Officer or his/her representative. The application shall be supplemented by any plans, specifications and other information deemed necessary by the Building Code Enforcement Officer.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Building Official. 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 Building Official when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within twelve (12) hours of the receipt of notice by the Building Official.

The type, capacities, location and layout of a private sewage disposal system shall comply with Lawrence County Health Department regulations and all recommendations of the Missouri Department of Natural Resources (MDNR) and any requirements of the plumbing code most recently adopted by the Board of Aldermen. No permit shall be issued for any private sewage disposal system where the area of the lot is less than fifteen thousand (15,000) square feet. No septic tank or cesspool shall be permitted to discharge into any natural outlet.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 720.015(A)(1), a direct connection shall be made to the public sewer in compliance with this Section and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

The owner shall operate and maintain the private sewage disposal systems in a sanitary manner at all times at no expense to the City.

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

When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

Building Sewers And Connections.

All lateral taps or alterations thereof of the sanitary sewer system shall be made by City of Mount Vernon staff unless otherwise authorized by the Director of Public Works.

No unauthorized person shall uncover, make any lateral tap or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Building Official.

Classes Of Building Sewers.

There shall be two (2) classes of building sewers:

(1)

For residential and commercial service; and

(2)

For service to establishments producing industrial wastes.

If required, the permit application shall be supplemented by any plans, specifications or other information requested by the Building Code Enforcement Officer or his/her representative. A tap fee shall be paid to the City Clerk in the amount set forth on the schedule of fees most recently adopted by the Board of Aldermen.

All costs and expenses incident to the installation and connection of the building sewer hall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, 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 found, on examination and test by the Building Official, to meet all requirements of this Section.

The size, slope and alignment of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the City. The building sewer shall be ductile or cast iron or polyvinyl chloride (PVC) having a wall thickness no less than that of Schedule 40 class pipe.

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, sump pumps 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 sewer.

10.

The connection of the building sewer into public sewer shall conform to the requirements of the building code and plumbing code or other applicable rules and regulations of the City. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Building Official before installation.

11.

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

12.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

Permits For Demolition Of Buildings Connected To Sanitary Sewer System.

No person or entity shall demolish or remove a structure connected to the sanitary sewer system without first obtaining a written permit from the Building Official. In the event demolition is to be followed immediately by construction of a new structure, a permit under Section 720.015(B) is required. Where no structure will be immediately built upon the premises, a demolition permit must be acquired first from the Building Official.

The fee for the demolition permit will be in the amount set forth on the schedule of fees approved by the Board of Aldermen and on file with the City Clerk during normal business hours. That deposit will be returned to the person or entity after the sewer line to the demolished structure has been capped or sealed to the satisfaction of the Building Official.

The applicant shall notify the Building Official when the structure's lines will be disconnected from the sanitary sewer system for purposes of capping or sealing the connection to the sewer. The capping or sealing off of the connection to the sanitary sewer system shall be under the supervision of the Building Official or his/her representative.

Protection From Damage. 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 immediate arrest under charge of damaging public property.

Powers And Authority Of Inspectors.

The Public Works Director, Building Official and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Section. The Public Works Director, Building Official or their 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 water treatment.

While performing the necessary work on private properties referred to in Subsection (E)(1) above, the Public Works Director, Building Official or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to City employees. The City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.

The Public Works Director, Building Official 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, 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.

Penalties.

Any person found to be violating any provision of this Section except Section 720.015(D) shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

Any person who shall continue any violation beyond the time limit provided for in Subsection (A), above, shall be guilty of an ordinance violation and on conviction thereof shall be fined in the amount not exceeding five hundred dollars ($500.00) for each violation. Each day in which any such violations shall continue shall be deemed a separate offense.

Any person violating any of the provisions of this Section shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.

Applicability. This Section shall apply to the City of Mount Vernon, Missouri, and to persons outside the City who are, by contract or agreement with the City, users of the City's sewage works. Except as otherwise provided within this Section, the Public Works Director shall administer, implement and enforce the provisions of this Section.

Section 720.020 General Sewer Use Requirements.

[Ord. No. 13.112, 9-22-2020]

Prohibited Discharge Standards.

General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements.

Specific Prohibitions.

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

(1)

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.) or sixty (60) degrees Centigrade (60° C.) using the test methods specified in 40 CFR 261.21;

(2)

Wastewater having a pH less than 5.5 or exceeding 11.0, or otherwise causing corrosive structural damage to the POTW or equipment;

(3)

Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than one-half (1/2) inch or one and twenty-seven hundredths centimeters (1.27 cm) in any dimension;

(4)

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;

(5)

Wastewater having a temperature that will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the treatment plant that exceeds forty degrees Centigrade (40° C.) or one hundred four degrees Fahrenheit (104° F.).

(6)

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

(7)

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;

(8)

Trucked or hauled pollutants, except at discharge points designated by the Public Works Director or designee in accordance with Section 720.030(D) of this Chapter;

(9)

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

(10)

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;

(11)

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

(12)

Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by the Public Works Director or his/her duly authorized representative;

(13)

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

(14)

Medical wastes, except as specifically authorized by the Public Works Director or his/her duly authorized representative in an individual wastewater discharge permit;

(15)

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

(16)

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

(17)

Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two and one hundred fifty degrees Fahrenheit (32° and 150° F.) [zero and sixty-five degrees Centigrade (0° and 65° C.)];

(18)

Wastewater causing two (2) readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than twenty-five percent (25%) or any single reading over twenty-five percent (25%) of the lower explosive limit of the meter taken a minimum of fifteen (15) minutes apart.

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.

Prohibited Masses. Any waste discharges containing the following pollutants to such a degree that the monthly average total mass loading from all SIU's exceed the quantity specified below. The Public Works Director 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 Public Works Director, monthly average pollutant concentrations may be imposed based on the allocation. All metallic pollutants are for total metals unless otherwise specified. The Table of Masses is as follows:

Total Mass Allowable (lbs./day) from SIU's (Monthly Average)
Pollutant	Mass (lbs./day)
Silver	0.294
Arsenic	0.084
Cadmium	0.011
Cyanide	0.076
Chromium	2.132
Copper	0.195
Mercury	0.009
Molybdenum	0.084
Nickel	0.493
Lead	0.108
Selenium	0.049
Zinc	4.225
BOD	1250
TSS	1788
Ammonia	180

National Categorical Pretreatment Standards.

Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Public Works Director or his/her duly authorized representative may impose equivalent concentration or mass limits.

When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Public Works Director or shall impose an alternate limit in accordance with 40 CFR 403.6(e).

When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the City convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Public Works Director or his/her duly authorized representative. The City may establish equivalent mass limits only if the industrial user meets all the condition set forth below.

(1)

To be eligible for equivalent mass limits, the industrial user must:

(a)

Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;

(b)

Provide sufficient information to establish the facilities actual average daily flow rate for all waste streams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

(c)

Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

(d)

Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.

(2)

An industrial user subject to equivalent mass limits must:

(a)

Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

(b)

Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device.

(3)

When developing equivalent mass limits, the Public Works Director or his/her duly authorized representative:

(a)

Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

(b)

May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Section 720.020(D). The industrial user must also be in compliance with Section 720.140(C)(4) regarding the prohibition of bypass.

Once included in its permit, the industrial user must comply with the equivalent limitations developed in this Section 720.020(B) in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

State Pretreatment Standards. State of Missouri requirements and limitations on discharges pursuant to this Section shall apply when they are more stringent than the United States Environmental Protection Agency requirements and limitations, unless allowed by the Missouri Department of Natural Resources. Missouri State pretreatment standards are codified at 10 CSR 20-6.100.

Local Limits.

The Public Works Director is authorized to establish local limits pursuant to 40 CFR 403.5(c). Maximum allowable industrial loads shown in Section 720.020(A)(3) are incorporated into this Chapter in lieu of local limits.

Public Works Director may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of Section 720.020.

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

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 Public Works Director or his/her duly authorized representative 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 720.030 Pretreatment Of Wastewater.

[Ord. No. 13.112, 9-22-2020]

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 720.020 of this Chapter within the time limitations specified by EPA, the State, or the Public Works Director or his/her duly authorized representative, 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 Public Works Director or his/her duly authorized representative for review and shall be acceptable to the Public Works Director or his/her duly authorized representative, 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 Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative 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. An individual wastewater discharge permit may be issued solely for flow equalization.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the Public Works Director or his/her duly authorized representative, 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 Public Works Director or his/her duly authorized representative. New facilities shall install interceptors to be easily accessible for cleaning and inspection. Existing facilities are not required to modify or install interceptors unless required by the Public Works Director on the basis that they are in violation of this Code. All interceptors shall be inspected, cleaned, and repaired by the user at their expense at a frequency and in a method to prevent a violation of this Code.

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

Accidental Discharge/Slug Discharge Control Plans. The Public Works Director or designee shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control Slug Discharges. The Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative of any accidental or slug discharge, as required by Section 720.060(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.

Hauled Wastewater.

Septic tank waste may be introduced into the POTW only at locations designated by the Public Works Director or his/her duly authorized representative, and at such times as are established by the Public Works Director or his/her duly authorized representative. Such waste shall not violate Section 720.020 of this Chapter or any other requirements established by the City. The Public Works Director or his/her duly authorized representative may require septic tank waste haulers to obtain individual wastewater discharge permits.

The Public Works Director or his/her duly authorized representative may require haulers of industrial waste to obtain individual wastewater discharge permits. The Public Works Director or his/her duly authorized representative may require generators of hauled industrial waste to obtain individual wastewater discharge permits. The Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative. No load may be discharged without prior consent of the Public Works Director or his/her duly authorized representative. The Public Works Director or his/her duly authorized representative may collect samples of each hauled load to ensure compliance with applicable standards. The Public Works Director or his/her duly authorized representative 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.

Section 720.040 Individual Wastewater Discharge Permits.

[Ord. No. 13.112, 9-22-2020]

Wastewater Analysis. When requested by the Public Works Director or his/her duly authorized representative, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The Public Works Director or his/her duly authorized representative is authorized to prepare a form for this purpose and may periodically require users to update this information.

Individual Wastewater Discharge Permit.

No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permits from the Public Works Director or his/her duly authorized representative, except that a significant industrial user that has filed a timely application pursuant to Section 720.040(C) of this Chapter may continue to discharge for the time period specified therein.

The Public Works Director or his/her duly authorized representative may require other users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this Chapter.

Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this Chapter and subjects the wastewater discharge permittee to the sanctions set out in Sections 720.110 through 720.130 of this Chapter. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.

Individual Wastewater Discharge: Existing Connections. Any user required to obtain an individual 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 thirty (30) days after said date, apply to the Public Works Director or his/her duly authorized representative for an individual wastewater discharge permit in accordance with Section 720.040(E) of this Chapter, and shall not cause or allow discharges to the POTW to continue after ninety (90) days of the effective date of this Chapter except in accordance with an individual wastewater discharge permit issued by the Public Works Director or his/her duly authorized representative.

Individual Wastewater Discharge: New Connections. Any user required obtaining an individual 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 individual wastewater discharge permit, in accordance with Section 720.040(E) of this Chapter, must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence.

Individual Wastewater Discharge Permit Application Contents.

All users required to obtain an individual wastewater discharge permit must submit a permit application. The Public Works Director or his/her duly authorized representative may require users to submit all or some of the following information as part of a permit application:

Identifying Information.

(1)

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

(2)

Contact information, description of activities, facilities, and plant production processes on the premises.

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 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.

(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);

(5)

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.

Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in Section 720.020(B)(3) [40 CFR 403.6(e)].

Measurement Of Pollutants.

(1)

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

(2)

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Public Works Director or designee, 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)

The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 720.060(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 Public Works Director or his/her duly authorized representative or the applicable standards to determine compliance with the standard.

(5)

Sampling must be performed in accordance with procedures set out in Section 720.060(K) of this Chapter.

Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 720.060(D)(2) [40 CFR 403.12(e)(2)].

Any other information as may be deemed necessary by the Public Works Director or his/her duly authorized representative to evaluate the permit application.

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

Application Signatories And Certifications.

All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in Section 720.060(N)(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 Public Works Director or his/her duly authorized representative prior to or together with any reports to be signed by an authorized representative of the user.

A facility determined to be a non-significant categorical industrial user by Public Works Director or his/her duly authorized representative pursuant to Subsection (2) of the definition of "significant industrial user" in Section 720.010(D) must annually submit the signed certification statement in Section 720.060(N)(2).

Individual Wastewater Discharge Permit Decisions. The Public Works Director or his/her duly authorized representative will evaluate the data furnished by the user and may require additional information. Within forty-five (45) days of receipt of a complete permit application, the Public Works Director or his/her duly authorized representative will determine whether to issue an individual wastewater discharge permit. The Public Works Director or his/her duly authorized representative may deny any application for an individual wastewater discharge permit.

Section 720.050 Individual Wastewater Discharge Permit Issuance.

[Ord. No. 13.112, 9-22-2020]

Individual Wastewater Discharge Permit Duration. An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Public Works Director or his/her duly authorized representative. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.

Individual Wastewater Discharge Permit Contents. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Public Works Director or his/her duly authorized representative 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.

Individual wastewater discharge permits must contain:

A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;

A statement that the wastewater discharge permit is non-transferable without prior notification to the City in accordance with Section 720.050(D) of this Chapter, and provisions for furnishing the new owner or operator 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 (or best management practice) 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 Public Works Director or his/her duly authorized representative to be necessary.

Individual 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, including flow measurement devices;

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

Other conditions as deemed appropriate by the Public Works Director or his/her duly authorized representative to ensure compliance with this Chapter, and State and Federal laws, rules, and regulations.

Permit Issuance Process.

Permit Appeals. Any person, including the user, may petition the Public Works Director to reconsider the terms of an individual wastewater discharge permit within thirty (30) days of notice of its issuance.

Failure to submit 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 individual wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit.

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

If the Public Works Director fails to act within sixty (60) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit, not to issue an individual wastewater discharge permit, or not to modify an individual wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with the Circuit Court of Lawrence County, Missouri for the City of Mount Vernon within the appropriate State Statute of limitations.

Permit Modification.

The Public Works Director or his/her duly authorized representative may modify an individual 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 the individual 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 individual 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 individual wastewater discharge permit; or

To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 720.050(D).

Individual Wastewater Discharge Permit Transfer.

Individual 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 Public Works Director or his/her duly authorized representative and the Public Works Director or his/her duly authorized representative approves the individual wastewater discharge permit coverage transfer. The notice to the Public Works Director or designee 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 individual wastewater discharge permit.

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

Individual Wastewater Discharge Permit Revocation.

The Public Works Director or his/her duly authorized representative may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

Failure to notify the Public Works Director or his/her duly authorized representative of significant changes to the wastewater prior to the changed discharge;

Failure to provide prior notification to the Public Works Director or his/her duly authorized representative of changed conditions pursuant to Section 720.060(E) of this Chapter;

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

Falsifying self-monitoring reports and certification statements;

Tampering with monitoring equipment;

Refusing to allow the Public Works Director or his/her duly authorized representative timely access to the facility premises and records;

Failure to meet effluent limitations;

Failure to pay fines;

Failure to pay sewer charges;

Failure to meet compliance schedules;

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

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

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

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

Individual Wastewater Discharge Permit Reissuance. A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 720.040 of this Chapter, a minimum of ninety (90) days prior to the expiration of the user's existing individual wastewater discharge permit.

Section 720.060 Reporting Requirements.

[Ord. No. 13.112, 9-22-2020]

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 industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Public Works Director or his/her duly authorized representative 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 industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Public Works Director or his/her duly authorized representative a report which contains the information listed in Subsection (B), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

Users described above shall submit the information set forth below.

All information required in Section 720.040(E)(1)(a)(1), Section 720.040(E)(1)(b), Section 720.040(E)(1)(c)(1), and Section 720.040(E)(1)(f).

Measurement of pollutants.

(1)

The user shall provide the information required in Section 720.040(E)(1)(g)(1) through (4).

(2)

The user shall take a minimum of one (1) representative sample to compile that data necessary to comply with the requirements of this Subsection.

(3)

Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority;

(4)

Sampling and analysis shall be performed in accordance with Section 720.060(J);

(5)

The Public Works Director or his/her duly authorized representative may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;

(6)

The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

Compliance Certification. A statement, reviewed and certified by the user's authorized representative as defined in Section 720.010(D) and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements set out in Section 720.060(B) of this Chapter.

Signature And Report Certification. All baseline monitoring reports must be certified in accordance with Section 720.060(N)(1) of this Chapter and signed by an authorized representative as defined in Section 720.010(D).

Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Section 720.060(A)(2)(d) of this Chapter:

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

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

The user shall submit a progress report to the Public Works Director or his/her duly authorized representative designee 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 Public Works Director or his/her duly authorized representative.

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 Public Works Director or his/her duly authorized representative a report containing the information described in Section 720.040(E)(1)(f) and (g) and 720.060(A)(2)(b) of this Chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 720.020(B), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 720.060(N)(1) of this Chapter. All sampling will be done in conformance with Section 720.060(K).

Periodic Compliance Reports.

Except as specified in Section 720.060(D)(3), all significant industrial users must, at a frequency determined by the Public Works Director or his/her duly authorized representative submit no less than twice per year June and December reports or as otherwise required by the Public Works Department indicating the nature, 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 Public Works Director or his/her duly authorized representative or the pretreatment standard necessary to determine the compliance status of the user.

The City may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. [See 40 CFR 403.12(e)(2).] This authorization is subject to the following conditions:

The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five (5) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 720.040(E)(1)(h).

In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one (1) sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

The request for a monitoring waiver must be signed in accordance with the definition of "authorized or duly authorized representative of the user" in Section 720.010(D), and include the certification statement in Section 720.060(N)(1) [40 CFR 403.6(a)(2)(ii)].

Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR 136 with the lowest minimum detection level for that pollutant was used in the analysis.

Any grant of the monitoring waiver by the Public Works Director must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Public Works Director for three (3) years after expiration of the waiver.

Upon approval of the monitoring waiver and revision of the user's permit by the Public Works Director, the industrial user must certify on each report with the statement in Section 720.060(N)(3) below, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.

In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately: Comply with the monitoring requirements of Section 720.060(D)(1), or other more frequent monitoring requirements imposed by the Public Works Director, and notify the Public Works Director.

This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

All periodic compliance reports must be signed and certified in accordance with Section 720.060(N)(1) of this Chapter.

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

If a user subject to the reporting requirement in this Section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Public Works Director or his/her duly authorized representative, using the procedures prescribed in Section 702.060(K) of this Chapter, the results of this monitoring shall be included in the report.

Reports Of Changed Conditions. Each user must notify the Public Works Director or his/her duly authorized representative of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least ninety (90) days before the change.

The Public Works Director or his/her duly authorized representative 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 720.040 of this Chapter.

The Public Works Director or his/her duly authorized representative may issue an individual wastewater discharge permit under Section 720.050(C) of this Chapter or modify an existing wastewater discharge permit under Section 720.050(D) of this Chapter in response to changed conditions or anticipated changed conditions.

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 might cause potential problems for the POTW, the user shall immediately telephone and notify the Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative, 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 expense, loss, damage, or other liability which might 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 who to call in the event of a discharge described in Subsection (F)(1), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

Significant industrial users are required to notify the Public Works Director or his/her duly authorized representative immediately of any changes at its facility affecting the potential for a slug discharge.

Reports From Unpermitted Users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Public Works Director or designee as the Public Works Director or his/her duly authorized representative may require.

Notice Of Violation/Repeat Sampling And Reporting. If sampling performed by a user indicates a violation, the user must notify the Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative within thirty (30) days after becoming aware of the violation. Resampling by the industrial user is not required if the City performs sampling at the user's facility at least once a month, or if the City performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the industrial user.

Notification Of The Discharge Of Hazardous Waste.

Prohibited. The City does not allow the discharge of hazardous waste into the POTW as defined in "septic tank waste" in Section 720.010(D).

Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, 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 Public Works Director or designee or other parties approved by 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)(2) and (3) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Public Works Director or his/her duly authorized representative. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, ammonia 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 720.060(A) and 720.060(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 Public Works Director his/her duly authorized representative may authorize a lower minimum. For the reports required by Section 720.060 [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.

Date Of Receipt Of Reports. 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, 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 720.020(D)(2). 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 Public Works Director or his/her duly authorized representative.

Certification Statements.

Certification Of Permit Applications, User Reports. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 720.040; users submitting baseline monitoring reports under Section 720.060; users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 720.060(C); users submitting periodic compliance reports required by Section 720.060(D)(1) through (3) and (E), The following certification statement must be signed by an authorized representative as defined in Section 720.010(D):

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 and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Annual Certification For Non-Significant Categorical Industrial Users. A facility determined to be a non-significant categorical industrial user by the Public Works Director or his/her duly authorized representative pursuant to Subsection (2) of the definition of "significant industrial user" in Section 720.010(D) and Section 720.040(F)(3) must annually submit the following certification statement signed in accordance with the signatory requirements in the definition of "authorized or duly authorized representative of the user" in 720.010(D). This certification must accompany an alternative report required by the Public Works Director or his/her duly authorized representative:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR 403, I certify that, to the best of my knowledge and belief that during the period from_____, _____ to_____, _____ [months, days, year]:
(a)	The facility described as __________ [facility name] met the definition of a non-significant categorical industrial user as described in Subsection (2) of the definition of "significant industrial user" in Section 720.010(D);
(b)	The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
(c)	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.

Certification Of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 720.060(D)(2) must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user.

Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR 403, I certify that, to the best of my knowledge and belief, there has been no increase in the level of ____ [list all potential pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 720.060(D)(2).

Section 720.070 Compliance Monitoring.

[Ord. No. 13.112, 9-22-2020]

Right Of Entry: Inspection And Sampling. The Public Works Director or his/her duly authorized representative 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 individual wastewater discharge permit or order issued hereunder. Users shall allow the Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative shall be permitted to enter without delay for the purposes of performing specific responsibilities.

The Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated biannually 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 Public Works Director or his/her duly authorized representative and shall not be replaced. The costs of clearing such access shall be born by the user.

Unreasonable delays in allowing the Public Works Director or his/her duly authorized representative access to the user's premises shall be a violation of this Chapter.

Section 720.080 Search Warrants.

[Ord. No. 13.112, 9-22-2020]

If the Director of Public Works or his/her duly authorized representative has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Director of Public Works his/her duly authorized representative may seek issuance of a search warrant from the Circuit Court of Lawrence County, Missouri.

Section 720.090 Confidential Information.

[Ord. No. 13.112, 9-22-2020]

Information and 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 Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data, audio and 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.

Section 720.100 Publication Of Users In Significant Non-Compliance.

[Ord. No. 13.112, 9-22-2020]

The Public Works Director or his/her duly authorized representative 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, at any time 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 the 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 720.020;

Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by Section 720.020, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement as defined by Section 720.020 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Public Works Director or his/her duly authorized representative 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 a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Public Works Director or his/her duly authorized representative exercise of its emergency authority to halt or prevent such a discharge;

Failure to meet, within ninety (90) days of the scheduled date, a schedule milestone contained in an individual 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 Public Works Director or his/her duly authorized representative determines will adversely affect the operation or implementation of the local pretreatment program.

Section 720.110 Administrative Enforcement Remedies.

[Ord. No. 13.112, 9-22-2020]

Notification Of Violation. When the Public Works Director or his/her duly authorized representative finds that a user has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director or his/her duly authorized representative may serve upon that user a written notice of violation. Within or up to a maximum of thirty (30) days as required by the Director of Public Works 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 Public Works Director or his/her duly authorized representative. 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 Public Works Director or his/her duly authorized representative 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.

Consent Orders. The Public Works Director or his/her duly authorized representative 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. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 720.110(D) and (E) of this Chapter and shall be judicially enforceable.

Show Cause Hearing. The Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative 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 the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 720.010(D) and required by Section 720.040(F). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Compliance Orders. When the Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative 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.

Cease-And-Desist Orders. When the Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her designee 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 Public Works Director shall refer the user to the Board of Aldermen The user may be fined in an amount not to exceed five hundred dollars ($500.00). Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

Users desiring to dispute such fines must file a written request for the Public Works Director or his/her duly authorized representative to reconsider the fine along with full payment of the fine amount within forty-five (45) days of being notified of the fine. Where a request has merit, the Public Works Director or his/her duly authorized representative, may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Public Works Director or his/her duly authorized representative may add the costs of preparing administrative enforcement actions, such as 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 Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Public Works Director or his/her duly authorized representative that the period of endangerment has passed, unless the termination proceedings in Section 720.110(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 Public Works Director or designee prior to the date of any show cause or termination hearing under Section 720.110(B)(2) or (E) 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 720.050(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 720.020 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 720.110(B)(2) of this Chapter why the proposed action should not be taken. Exercise of this option by the Public Works Director or his/her duly authorized representative shall not be a bar to, or a prerequisite for, taking any other action against the user.

Section 720.120 Judicial Enforcement Remedies; Violations And Penalties.

[Ord. No. 13.112, 9-22-2020]

Injunctive Relief. When the Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative may petition the Circuit Court of Lawrence County, Missouri, through the City's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this Chapter on activities of the user. The Public Works Director or his/her duly authorized representative 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 for a maximum civil penalty in the amount not exceeding five hundred dollars ($500.00) for each violation. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

The Public Works Director or his/her duly authorized representative may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

In determining the amount of civil liability, the Court 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 an ordinance violation, punishable by a fine of not more than five hundred dollars ($500.00) for each violation or by imprisonment in the City or County Jail for not more than ninety (90) days or both.

A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of an ordinance violation and be subject to a penalty of not more than five hundred dollars ($500.00) for each violation or by imprisonment in the City or County Jail for not more than ninety (90) days 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) for each violation or by imprisonment in the City or County Jail for not more than ninety (90) days 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) for each violation or by imprisonment in the City or County Jail for not more than ninety (90) days or both.

Remedies Non-Exclusive. The remedies provided for in this Chapter are not exclusive. The Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative may take other action against any user when the circumstances warrant. Further, the Public Works Director or designee is empowered to take more than one (1) enforcement action against any non-compliant user.

Section 720.130 Supplemental Enforcement Action.

[Ord. No. 13.112, 9-22-2020]

Performance Bonds. The Public Works Director or his/her duly authorized representative 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, in a sum not to exceed a value determined by the Public Works Director or his/her duly authorized representative to be necessary to achieve consistent compliance.

Liability Insurance. The Public Works Director or his/her duly authorized representative may decline to issue or reissue an individual wastewater discharge 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 Public Works Director or his/her duly authorized representative 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.

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.

Public Nuisances. A violation of any provision of this Chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Public Works Director or his/her duly authorized representative. Any person(s) creating a public nuisance shall be subject to the provisions of the City Code Chapter 215, Nuisances, Section 215.010, governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance.

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

Section 720.140 Affirmative Defenses To Discharge Violations.

[Ord. No. 13.112, 9-22-2020]

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 Public Works Director or his/her duly authorized representative 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];

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

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

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 720.020(A)(1) of this Chapter or the specific prohibitions in Sections 720.020(A)(2)(a) through (h) 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

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

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 Public Works Director or his/her duly authorized representative, at least ten (10) days before the date of the bypass, if possible.

A user shall submit oral notice to the Public Works Director or his/her duly authorized representative 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 Public Works Director or his/her duly authorized representative may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

Bypass Prohibited; Exceptions.

Bypass is prohibited, and the Public Works Director or his/her duly authorized representative 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 back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(3)

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

The Public Works Director or designee may approve an anticipated bypass, after considering its adverse effects, if the Public Works Director or his/her duly authorized representative determines that it will meet the three (3) conditions listed in Subsection (C)(4)(a) of this Section.

Section 720.150 Miscellaneous Provisions.

[Ord. No. 13.112, 9-22-2020]

Pretreatment Charges And Fees. The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City's 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 720.150(A)(2)] associated with the enforcement activity taken by the Public Works Director or his/her duly authorized representative to address IU non-compliance; and

Other fees as the City 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.

Severability. 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.