[R.O. 1992 § 705.010; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Chapter shall be as follows:
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.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER
(1) If the user is a corporation: (a) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (b) The manager of one (1) or more manufacturing, production, or 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. (2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. (3) If the user is a Federal, State, or local government facility: a director or highest official appointed or designated to oversee the operation or performance of the activities of the government facility, or their designee. (4) The individuals described in Subsections
(1) through
(3), 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
705.720. 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. BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical Pretreatment Standards and effluent limits.
BIOCHEMICAL OXYGEN DEMAND or BOD
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under the standard laboratory procedure in five
(5) days at twenty degrees Centigrade (20° C.), usually expressed
as a concentration (e.g., milligrams per liter, mg/l).
BUILDING DRAIN
That part of the lowest horizontal piping of a drain system
which receives the discharge from soil waste, and other drainage pipe
inside the walls of the inner face of the building walls.
BUILDING SEWER
The extension from the building drain to the public sewer
or other place of disposal.
CITY
The City of Washington, or the City Council of Washington,
Missouri.
COMMERCIAL OR INDUSTRIAL ESTABLISHMENT
Any building, structure or property used or occupied for
any purpose other than human residential occupancy, except such building,
structure or property used or occupied for any purpose defined in
the term "governmental establishment."
COOLING WATER
The water discharged from any system of condensation, air-conditioning,
cooling, refrigeration or similar system. Such water shall be free
from odor or oil and shall contain no polluting substance which would
produce BOD or suspend solids in excess of ten (10) milligrams per
liter.
DRAINAGE CHANNEL
Any artificially constructed open channel ditch, swale or
flume, whether lined or unlined, for the drainage of storm, surface
or ground water.
EPA
Environmental Protection Agency.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of produce.
GOVERNMENTAL ESTABLISHMENT
Any building, structure or property owned, used or occupied
by any agency, branch, bureau, commission, department, division, office,
unit or instrumentality of the Government of the United States or
the State, or of any municipality or any County or any other political
subdivision or political corporation of any kind whatsoever.
INDIRECT DISCHARGE or DISCHARGE
The discharge or the introduction of non-domestic pollutants
from any source regulated under Section 307(b), (c) or (d) of the
Act, (33 United States Code 1317), into the POTW (including holding
tank waste discharged into the system).
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes,
trade, or business as distinct from sanitary sewage.
INTERFERENCE
The inhibition or disruption of the POTW treatment processes
or operations which contributes to a violation of any requirement
of the City's NPDES Permit. The term includes prevention of sewage
sludge use or disposal by the POTW in accordance with Section 405
of the Act, (33 United States Code 1345) or any criteria, guidelines,
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act, the Toxic Substances Control Act, or more
stringent State criteria (including those contained in any State sludge
management plan prepared pursuant to Title IV of SWDA) applicable
to the method of disposal or use employed by the POTW.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or groundwater.
NEW SOURCE
1.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
Section, provided that:
a.
The building, structure, facility, or installation is constructed
at which no other source is located; or
b.
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
c.
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
2.
Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure, facility, or installation
meeting the criteria of Subparagraph (1)(b) or (c) above but otherwise
alters, replaces, or adds to existing process or production equipment.
3.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
a.
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
b.
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this paragraph.
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 or USE
Any individual, firm, company, association, society, corporation,
partnership or group.
pH
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
POLLUTED WATER OR WASTE
Any water or waste containing free or emulsified grease or
oil, acid or alkali; phenols or other substances imparting wastes
or odors in receiving waters; toxic or poisonous substances in suspension,
colloidal state or solution; noxious or odorous gases; dissolved solids
in greater concentration than ten thousand (10,000) milligrams per
liter; BOD of suspended solids in concentration greater than ten (10)
milligrams per liter; or color in excess of fifty (50) units.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than one-half (1/2) inch
(1.27 centimeters) in any dimension.
PUBLIC SEWER
Any sewer provided by or subject to regulation by the City.
It shall include all sewers within or outside the corporate boundaries
of the City that serve one (1) or more residential, commercial or
industrial or governmental establishments if such sewer ultimately
discharges into any portion of the City sewerage system, even though
the sewers may not have been constructed or may not be maintained
by the City.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act, (33
United State Code 1922) which is owned in this instance by the City.
This definition includes any sewers that convey wastewater to the
POTW treatment plant, but does not include pipes, sewers or other
conveyances not connected to a facility providing treatment. For the
purpose of this Chapter, "POTW" shall also include any sewers that
convey wastewaters to the POTW from persons outside the City who are,
by contract or agreement with the City, users of the City's POTW.
RESIDENTIAL ESTABLISHMENT
Any building, structure or property designed, constructed
or used for human residential occupancy on a housekeeping or light
housekeeping basis, except such building, structure or property used
or occupied for any purpose defined in the term "governmental establishment."
Each dwelling unit in a multi-family structure shall be deemed to
be a residential establishment.
SANITARY SEWERS
A sewer which carries sewage and to which storm and surface
waters and groundwaters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residential,
commercial, industrial, or governmental establishments, together with
such groundwaters, surface and storm waters as may be present.
SEWAGE TREATMENT
Any arrangement of devices or structures used for treating
sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing
of sewage.
SEWER
A pipe or conduit used for the conveyance of sewage or any
other waste liquids, including storm and surface water and groundwater
drainage.
SEWERAGE SYSTEM
The system of sewers and all appurtenances of the collection,
conveyance, pumping, treating and disposition of sewage and industrial
wastes.
SHALL
Is mandatory; MAY: Is permissive.
SIGNIFICANT USER or SIGNIFICANT INDUSTRIAL USER or CATEGORICAL
USER
1.
A user subject to categorical pretreatment standards; or
2.
A user that:
a.
Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary, non-contact
cooling, and boiler blowdown wastewater);
b.
Contributes a process wastestream which makes up five percent
(5%) or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant; or
c.
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.
3.
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:
a.
The industrial user, prior to City's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
b.
The industrial user annually submits the certification statement required in Section
705.800(L) [see 40 CR 403.12(q)], together with any additional information necessary to support the certification statement; and
c.
The industrial user never discharges any untreated concentrated
wastewater.
4.
Upon a finding that a user meeting the criteria in Subsection
(2) of this part 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
705.720 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.
STORM WATER
Any water resulting from precipitation mixed with the accumulation
of dirt, soil and other debris or substances collected from the surfaces
on which such precipitation falls or flows.
SUPERINTENDENT
The Public Works Director or his/her authorized deputy, agent
or representative.
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension
of water, sewage, or other liquids, and which are removable by laboratory
filtering.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provisions of Section 307(a) of the Act
or other Acts.
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.
[R.O. 1992 § 705.020; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
The following abbreviations shall
have the designated meanings:
BOD
|
Biochemical oxygen demand
|
CFR
|
Code of Federal Regulations
|
EPA
|
Environmental Protection Agency
|
gpd
|
Gallon per day
|
l
|
Liter
|
mg
|
Milligrams
|
mg/l
|
Milligrams per liter
|
NPDES
|
National pollutant discharge elimination
system
|
POTW
|
Publicly owned treatment works
|
RCRA
|
Resource Conservation and Recovery
Act
|
SIC
|
Standard Industrial Classification
|
SIU
|
Significant Industrial User
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C.
§ 6901 et seq.
|
TSS
|
Total Suspended Solids
|
U.S.C.
|
United State Code
|
[R.O. 1992 § 705.030; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
It shall be unlawful for any person
to place, deposit, or permit to be deposited in any unsanitary manner
on public or private property within the City of Washington, or in
any area under the jurisdiction of said City, any human or animal
excrement, garbage, or other objectionable waste.
[R.O. 1992 § 705.040; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
It shall be unlawful to discharge
to any natural outlet within the City of Washington, or in any area
under the jurisdiction of said City, any sewage or other polluted
waters, except where suitable treatment has been provided in accordance
with subsequent provisions of this Chapter.
[R.O. 1992 § 705.050; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
Except as hereinafter provided, it
shall be unlawful to construct or maintain any privy, privy vault,
septic tank, cesspool, or other facility intended or used for the
disposal of sewage.
[R.O. 1992 § 705.060; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
The owner of all houses, buildings,
or properties used for human employment, recreation, or other purposes,
situated within the City and abutting on any street, alley, or right-of-way
in which there is now located or may in the future be located a public
sanitary sewer of the City, is hereby required at his/her expense
to install suitable toilet facilities therein, and to connect such
facilities directly with the proper public sewer in accordance with
the provisions of this Chapter, within ninety (90) days after date
of official notice to do so, provided that said public sewer is within
one hundred (100) feet (30.5 meters) of the property line. It is hereby
made the duty of the Superintendent to notify all owners of property
in sewer districts where sewers have been constructed, or when a nuisance
exists on the premises of such owner, or when declared necessary by
the Council to connect with such district sewer, and such owner or
agent so notified failing to comply with the requirements of such
notice shall be deemed guilty of a misdemeanor.
[R.O. 1992 § 705.070; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
The Superintendent and other duly
authorized employees of the City bearing proper credentials and identification
shall be permitted to enter all properties for the purpose of inspection,
observation, measurement, sampling, and testing in accordance with
the provisions of this Chapter. The Superintendent or his/her representative
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 relation to any source of
discharge to the sewers or waterways or facilities for waste treatment.
[R.O. 1992 § 705.080; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
While performing the necessary work
on private properties referred to in this Article, the Superintendent
or his/her duly authorized employees of the City shall observe all
safety rules applicable to the premises established by the company
and the City shall be held harmless for injury or death to the City
employees and the City shall indemnify the company against loss or
damage to its property by City employees and against liability claims
and demands for personal injury or property damage asserted against
the company and growing out of the gauging and sampling operation,
except as such may be caused by negligence or failure of the company
to maintain safe conditions.
[R.O. 1992 § 705.090; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
The Superintendent and other duly
authorized employees of the City bearing proper credentials and identification
shall be permitted to enter all private properties through which the
City holds a duly negotiated easement for the purpose of, but not
limited to, inspection, observations, 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.
[R.O. 1992 § 705.100; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]
No unauthorized person shall maliciously,
willfully, negligently break, damage, destroy, uncover, deface, or
tamper with any structure, appurtenance, or equipment which is part
of the sewage works.