City of Washington, MO Sewage Restrictions

Section 705.690 Discharge Of Surface Water.

[R.O. 1992 § 705.690; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

Section 705.700 Stormwater To Be Discharged To Storm Sewers.

[R.O. 1992 § 705.700; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the City. Industrial cooling water or unpolluted process waters may be discharged on approval of the City, to a storm sewer or natural outlet.

Section 705.710 National Categorical Pretreatment Standards.

[R.O. 1992 § 705.710; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

The categorical pretreatment standards found in 40 CFR Chapter 1, Subchapter N, Parts 405 — 471 are hereby incorporated by reference herein.

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

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

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

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

Section 705.720 Discharge Of Certain Wastes Prohibited.

[R.O. 1992 § 705.720; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

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.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

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.) (60° C.) using the test methods specified in 40 CFR 261.21; any liquids, solids or gasses which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time, shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter. Prohibited materials, include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the City, the State or EPA has notified the user is a fire hazard or hazard to the system.

Any waters or wastes containing toxic or poisonous solids, liquids, or gasses in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in the receiving waters of the sewage treatment plant.

Any waters or wastes having a pH lower than five and five-tenths (5.5) or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. Any waters or wastes having a pH in excess of ten (10.0).

Solids or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to grease, garbage with particles greater than one-half (1/2) inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.

Any waters or wastes having:

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.

An average daily flow greater than two percent (2%) of the average sewage flow of the City, shall be subject to the review of the Superintendent.

Where necessary in the opinion of the City, the owner shall provide, at his/her expense, such preliminary treatment as may be necessary to:
a.	Reduce 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.
b.	Control the quantities of wastes and rates of discharge of such waters or wastes which may contain pollutants.
Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City and no construction of such facilities shall be commenced until said approvals are obtained in writing.

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, which constitutes a hazard to humans or animals, which creates a toxic effect in the receiving waters of the POTW, or exceeds the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.

Any noxious or malodorous liquids, gasses, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the POTW cause the POTW to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guideline or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management methods being used.

Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

10.

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plants resulting in interference, but in no case, wastewater with a temperature at the introduction into the Plant Headworks which exceeds forty degrees Centigrade (40° C.) (104° F.) unless the POTW treatment plant is designed to accommodate such temperature.

11.

Any pollutants, including oxygen demand pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration, quantities, or flow during normal operation.

12.

Any wastewater containing any radioactive wastes or isotypes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations.

13.

Any wastewater which causes a hazard to human life or creates a public nuisance.

14.

Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with Section 705.760(C).

When the Superintendent determines that a user(s) is contributing to the POTW, any of the above enumerated substances in such amount as to interfere with the operation of the POTW, the Superintendent shall: (1) advise the user(s) of the impact of the contribution on the POTW; and (2) develop effluent limitation(s) for such user to correct the interference with the POTW. 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.

Section 705.730 Waters Or Wastes Not Amenable To Treatment.

[R.O. 1992 § 705.730; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 11-10864 § 1, 8-1-2011; Ord. No. 20-13225, 12-21-2020]

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, having an adverse effect on the receiving stream, the usage of sludge, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his/her opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials, and construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

Any liquid or vapor having a temperature higher than one hundred four degrees Fahrenheit (104° F.) (40° C.).

Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) milligrams per liter or containing substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit (32° F.) and one hundred four degrees Fahrenheit (104° F.) (0° C. and 40° C.). Nor petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.

Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.

Local Limits. The Superintendent is authorized to establish local limits pursuant to 40 CFR 403.5(c). The following pollutant limits are established to protect against pass through and interference. The local limits expressed in pounds per day shall be distributed at the discretion of the Superintendent via pretreatment program permits to each significant industrial user as necessary. The sum total of each permitted local limit shall not exceed the mass in the table below. All values for metallic pollution are for total metal unless otherwise indicated. Any waters or wastes containing the following substances to such a degree that the total mass loading from all SIU's exceeds the quantity specified in the table below are prohibited. Local limits shall be applied to SIU's as a monthly average. The Superintendent will develop the permit limitations for all users that meet the definition of SIU as defined by City ordinance.

Pollutant	Local Limit (Maximum Allowable Pounds Per Day from SIU's)
Ammonia (NH3)	440
Arsenic (As)	0.311
Biochemical oxygen demand (BOD5)	2,762
Cadmium (Cd)	0.247
Chromium (Cr)	6.994
Copper (Cu)	9.165
Cyanide (CN)	1.749
Lead (Pb)	1.778
Mercury (Hg)	0.186
Molybdenum (Mo)	0.245
Nickel (Ni)	1.641
Selenium (Se)	0.381
Silver (Ag)	4.559
Total suspended solids (TSS)	2,648
Zinc (Zn)	12.132

a. Note: The Superintendent may develop Best Management Practices (BMPs), by ordinance or in individual wastewater discharge permits to implement local limits and the requirements of Section 705.720 and Section 705.730.

Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the City as necessary, after treatment of the composite sewage, to meet the requirements of State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

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 the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specified limitation developed by the City or State.

Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this Chapter.

Section 705.740 Conditional Discharge Of Certain Wastes.

[R.O. 1992 § 705.740; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 705.730 of this Article, and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the Superintendent may:

Reject the wastes.

Require pretreatment to an acceptable condition for discharge to the public sewers.

Develop a discharge limit based on interference, pass through, or sludge contamination.

Require control over the quantities and rates of discharge, and/or the wastes not covered by existing taxes or sewer charges under the provisions of Section 705.730 of this Article.

Require more stringent limitations or requirements on discharges to the wastewater disposal system.

Require each user to provide protection from accidental discharge of prohibited materials or other substances regulated by this Chapter. Facilities to prevent accidental discharge or prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. No user who commences contribution to the POTW after the effective date of this Chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plan and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this Chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

Accidental Discharge/Slug Control Plans. At least once every two (2) years, the Superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Superintendent may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Superintendent may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

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

Description of stored chemicals;

Procedures for immediately notifying the Superintendent of any accidental or slug discharge, as required by 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.

Written Notice. Within five (5) days following an accidental discharge, the user shall submit to the Superintendent a detailed written report describing the cause 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 may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Article or other applicable law.

The Superintendent 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 Superintendent 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 Superintendent 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 Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed.

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 Superintendent prior to the date of any show cause or termination hearing.

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

Notice To Employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call on in the event of a dangerous discharge. Employees shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedures.

If the City permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable Codes, ordinances and laws.

Section 705.750 Grease, Oil And Sand Interceptors To Be Provided.

[R.O. 1992 § 705.750; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for residential establishments. All interceptors shall be of a type and capacity approved by the City, and shall be located as to be readily and easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired in accordance with City ordinance, by the user at their expense.

Section 705.760 Hauled Wastewater.

[R.O. 1992 § 705.760; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

Septic tank waste may be introduced into the POTW only at locations designated by the Superintendent, and at such times as are established by the Superintendent. Such waste shall not violate Article VIII of this Chapter or any other requirements established by the City. The Superintendent may require septic tank waste haulers to obtain wastewater discharge permits.

The Superintendent shall require haulers of industrial waste to obtain wastewater discharge permits. The Superintendent may require generators of hauled industrial waste to obtain wastewater discharge permits. The Superintendent 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 Superintendent. No load may be discharged without prior consent of the Superintendent. The Superintendent may collect samples of each hauled load to ensure compliance with applicable standards. The Superintendent may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

Industrial waste haulers must provide a waste-tracking form for every load. This form, shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

Section 705.770 Preliminary Treatment Of Waste Materials.

[R.O. 1992 § 705.770; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

When preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense.

Section 705.780 Wastewater Discharge Permit Application.

[R.O. 1992 § 705.780; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

It shall be unlawful for a significant industrial user to discharge without a City permit to any natural outlet within the City of Washington, or in any area under the jurisdiction of said City, and/or to the POTW any wastewater except as authorized by the Superintendent in accordance with the provisions of this Chapter.

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

Wastewater Discharge Permit Requirement.

No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Superintendent, except that a significant industrial user that has filed a timely application pursuant to Subsection (A)(3) of this Section may continue to discharge for the time period specified therein.

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

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Chapter and subjects the wastewater discharge permittee to the sanctions set out in Sections 705.850 through 705.890 of this Chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.

Wastewater Discharge Permitting — Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Chapter and who wishes to continue such discharges in the future, shall, within one hundred eighty (180) days after said date, apply to the Superintendent for a wastewater discharge permit in accordance with Subsection (A)(5) of this Section, and shall not cause or allow discharges to the POTW to continue after one hundred eighty (180) days of the effective date of this Chapter except in accordance with a wastewater discharge permit issued by the Superintendent.

Wastewater Discharge Permitting — New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Subsection (A)(5) of this Section, must be filed at least thirty (30) days prior to the date upon which any discharge will begin or recommence.

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

All information required by Section 705.800(A)(2) of this Chapter;

Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidently or intentionally be discharged to the POTW;

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

Each product produced by type, amount, process or processes, and rate of production;

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

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

Time and duration of discharges; and

Any other information as may be deemed necessary by the Superintendent to evaluate the wastewater discharge permit application.

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

Application Signatories And Certification.

All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"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."

A facility determined to be a non-significant categorical industrial user by the Superintendent pursuant to Section 705.010 must annually submit the signed certification statement in Section 705.800(L)(2).

Wastewater Discharge Permit Decisions. The Superintendent will evaluate the data furnished by the user and may require additional information. Within ninety (90) days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. The Superintendent may deny any application for a wastewater discharge permit.

Section 705.790 Wastewater Discharge Permit Issuance Process.

[R.O. 1992 § 705.790; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

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

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

Wastewater discharge permits must contain:

A statement that indicates wastewater discharge permit issuance date, expiration date and effective date; (see Section 705.790(A).)

A statement that the wastewater discharge permit is non-transferable without prior notification to the City in accordance with Subsection (D) of this Section, 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 record-keeping 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; and

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

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

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

Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

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

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

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

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

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

Other conditions as deemed appropriate by the Superintendent to ensure compliance with this Chapter, and State and Federal laws, rules, and regulations.

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

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

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

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

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

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

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

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

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

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

Wastewater Discharge Permit Transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days' advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner or operator which:

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

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

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

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

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

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

Failure to provide prior notification to the Superintendent of changed conditions pursuant to Section 705.800(E) of this Chapter;

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

Falsifying self-monitoring reports;

Tampering with monitoring equipment;

Refusing to allow the Superintendent timely access to the facility premises and records;

Failure to meet effluent limitations;

Failure to pay fines;

Failure to pay sewer charges;

10.

Failure to meet compliance schedules;

11.

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

12.

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

13.

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

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

Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 705.780(A)(5) and (6) of this Chapter, a minimum of ninety (90) days prior to the expiration of the user's existing wastewater discharge permit.

Section 705.800 Reporting Requirements.

[R.O. 1992 § 705.800; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

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 significant industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent 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 significant industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Superintendent a report which contains the information listed in Subsection (A)(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

Users described above shall submit the information set forth below:

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

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

Description Of Operations. A brief description of the nature, average 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.

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 40 CFR 403.6(e).

Measurement Of Pollutants.

(1)

The categorical pretreatment standards applicable to each regulated process.

(2)

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with 40 CFR Part 136.

(3)

Sampling must be performed in accordance with procedures set out in 40 CFR 403, Appendix E.

Certification. A statement, reviewed by the user's authorized representative 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. 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 Subsection (B) of this Section.

Signature And Certification. All baseline monitoring reports must be signed and certified in accordance with Section 705.780(A)(6) of this Chapter.

Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Section 705.800(A)(2)(g) 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 Superintendent 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 Superintendent.

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 Superintendent a report containing the information described in Section 705.800(A)(2) of this Chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 705.780(A)(6) of this Chapter.

Periodic Compliance Reports.

Except as specified in Section 705.800(D)(3), all categorical industrial users and significant industrial users shall, at a frequency determined by the Superintendent but in no case less than twice per year (within the reporting period prior to June 30 and prior to December 31), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent or the pretreatment standard necessary to determine the compliance status of the user [Note: Required streamlining rule change].

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 State and Federal conditions.

The City may reduce the requirement for periodic compliance reports to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA or State, where the industrial user's total categorical wastewater flow does not exceed any of the following:

One-hundredths percent (0.01%) of the POTW's design dry-weather hydraulic capacity of the POTW, or five thousand (5,000) gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;

One-hundredths percent (0.01%) of the design dry-weather organic treatment capacity of the POTW; and

One-hundredths percent (0.01%) of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed.

Reduced reporting is not available to industrial users that have in the last two (2) years been in significant non-compliance. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Superintendent, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.

All periodic compliance reports must be signed and certified in accordance with Section 705.780(A)(6) 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 pollutant more frequently than required by the Superintendent, using the procedures prescribed in Section 705.800(A)(2) of this Chapter, the results of this monitoring shall be included in the report.

Reports Of Changed Conditions. Each user must notify the Superintendent of any planned significant changes to the user's operations or systems which might alter the nature, quality, or volume of its wastewater at least sixty (60) days before the change.

The Superintendent 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 705.780 of this Chapter.

The Superintendent may issue a wastewater discharge permit under Section 705.780 of this Chapter or modify an existing wastewater discharge permit under Section 705.790(C) of this Chapter in response to changed conditions or anticipated changed conditions.

For purposes of this requirement, significant changes, include, but are not limited to, flow increases of fifteen percent (15%) or greater, and the discharge of any previously unreported pollutants.

Reports Of Potential Problems.

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non- customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Superintendent 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 Superintendent, 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 may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this Chapter.

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

Significant industrial users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a Slug Discharge.

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

Notice Of Violation/Repeat Sampling And Reporting. If sampling performed by a user indicates a violation, the user must notify the Superintendent 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 Superintendent 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.

Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user; an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this Subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 705.800(E) of this Chapter. The notification requirement in this Section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Section 705.800(A), (C), and (D) of this Chapter.

Dischargers are exempt from the requirements of Subsection (A)(1) above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(e) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

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

In the case of any notification made under this Section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

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

Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Superintendent 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 (B) and (C) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, time-proportional composite sampling or grab sampling is authorized by the Superintendent. 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 Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, 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, 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 705.800(A) and 705.800(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 Superintendent may authorize a lower minimum. For the reports required by Subsections Section 705.800(G), (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.

Certification Statement.

Certification Of Permit Applications, User Reports And Initial Monitoring Waiver.

The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 705.780(A)(6); users submitting baseline monitoring reports under Section 705.800(A)(2)(h) [Note: See 40 CFR 403.12(1)]; users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 705.800(C) [Note: See 40 CFR 403.12(d)]; users submitting periodic compliance reports required by Section 705.800(D) [Note: See 40 CFR 403.12(e) and (h)], and users submitting an initial request to forego sampling of a pollutant on the basis of Section 705.800(D)(2) [Note: See 40 CFR 403.12(e)(2)(iii)]. The following certification statement must be signed by an authorized representative as defined in Section 705.010:

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 Superintendent pursuant to 705.010 and 705.780(A)(6)(b) [Note: See 40 CFR 403.3(v)(2)] must annually submit the following certification statement signed in accordance with the signatory requirements in 705.010 [Note: See 40 CFR 403.120(1)]. This certification must accompany an alternative report required by the Superintendent:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR _____, I certify that, to the best of my knowledge and belief that during the period from _____, to _____, [months, days, year]:

The facility described as [facility name] met the definition of a non-significant categorical industrial user as described in 705.010; [Note: See 40 CFR 403.3(v)(2)]

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

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

This compliance certification is based on the following information.

Certification Of Pollutants Not Present.

Users that have an approved monitoring waiver based on Section 705.800(D)(2) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user. [Note: See 40 CFR 403.12(e)(2)(v)] Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there as been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 705.800(D)(1).

Section 705.810 Monitoring Facilities.

[R.O. 1992 § 705.810; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

The City shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such monitoring facilities to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction specifications. Construction shall be completed within ninety (90) days following written notification by the City.

Section 705.820 Inspection And Sampling.

[R.O. 1992 § 705.820; Ord. No. 8032 §§ 1—2, 11-14-1996; Ord. No. 20-13225, 12-21-2020]

Right Of Entry: Inspection And Sampling. The Superintendent 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 Superintendent 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.

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 Superintendent shall be permitted to enter without delay for the purposes of performing specific responsibilities.

The Superintendent 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 Superintendent 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 at the frequency required by the owners manual, 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 Superintendent and shall not be replaced. The costs of clearing such access shall be born by the user.

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

Section 705.830 Pretreatment.

[R.O. 1992 § 705.830; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

Users shall provide necessary wastewater treatment as required to comply with this Chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards, local limits, and the prohibitions set out in Section 705.720 within the time limitations as specified by USEPA, State, or the Superintendent, whichever is more stringent. Any facilities necessary for compliance or required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will not in any way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Chapter. Any subsequent changes in the pretreatment facilities or method of operations shall be reported to and be acceptable to the City prior to the user's initiation of the changes.

Publication Of Users In Significant Non-Compliance. The Superintendent 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 Subsections (C), (D) or (H) 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 705.720 and 705.730;

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 705.720 and 705.730 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 705.720 and Section 705.730 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

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

Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in 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 Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.

Section 705.840 Confidential Information And Recordkeeping.

[R.O. 1992 § 705.840; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

Confidential Information. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Superintendent's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Superintendent 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. 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 by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

Record Keeping. Users subject to the reporting requirements of this Chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with Best Management Practices established under 705.730(A)(4). 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 Superintendent.

Section 705.850 Enforcement Response Plan.

[R.O. 1992 § 705.850; Ord. No. 7479 § 1, 12-6-1993; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

The Enforcement Response Plan is maintained as a separate document by the Pretreatment Coordinator. Violation of Chapter 705 shall be enforced by using the table contained in the Enforcement Response Plan.

Administrative Enforcement Remedies.

Notification Of Violation. When the Superintendent 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 Superintendent may serve upon that user a written notice of violation. Within thirty (30) days 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 Superintendent. 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 Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Consent Orders. The Superintendent 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 705.850(F)(4) and 705.850(F)(5) of this Chapter and shall be judicially enforceable.

Show Cause Hearing. The Superintendent 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 Superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least thirty (30) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 705.010 and required by Section 705.780(A)(6). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

Compliance Orders. When the Superintendent 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 Superintendent 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 Superintendent 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 Superintendent 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 Superintendent 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 Superintendent may fine such user 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.

Unpaid charges, fines, and penalties shall, after twenty (20) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one and one-half percent (1.5%) per month. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.

Users desiring to dispute such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within fifteen (15) days of being notified of the fine. Where a request has merit, the Superintendent may convene a hearing on the matter. In the event the user's appeal is successful, only the one and one-half percent (1.5%)/month payment, together with any interest accruing thereto, shall be returned to the user. The Superintendent 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 Superintendent 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 Superintendent 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.

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 705.790(E) 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 Sections 705.710, et seq., 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 705.850(A)(3) of this Chapter why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.

Judicial Enforcement Remedies.

Injunctive Relief. When the Superintendent 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 Superintendent may petition the Circuit Court of Franklin County, 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 Superintendent 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 of five hundred dollars ($500.00) per violation, per day. 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 Superintendent 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.

User who willfully or negligently violates any provision of this Chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) per violation, per day, or imprisonment for not more than 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 a misdemeanor and be subject to a penalty of at least five hundred dollars ($500.00), or be subject to imprisonment 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) per violation, per day, or imprisonment 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) per violation, per day, or imprisonment for not more than ninety (90) days, or both.

Remedies Non-Exclusive. The remedies provided for in this Chapter are not exclusive. The Superintendent 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 Superintendent may take other action against any user when the circumstances warrant. Further, the Superintendent is empowered to take more than one (1) enforcement action against any non-compliant user.

Timeframes And Responses.

All violations will be identified and documented within five (5) days of receiving compliance information.

Initial enforcement responses (involving contact with the industrial user and requesting information on corrective or preventative action(s)) will occur within fifteen (15) days of violation detection.

Follow-up actions for continuing or re-occurring violations will be taken within sixty (60) days of the initial enforcement response. For all continuing violations, the response will include a compliance schedule.

Violations which threaten health, property or environmental quality are considered emergencies and will receive immediate responses, such as halting the discharge or terminating service.

All violations meeting the criteria for significant non-compliance will be addressed with an enforceable order within thirty (30) days of the identification of significant non-compliance.

Description Of Terms. The following words and terms used in this Section shall have the meanings set out herein:

Administrative Order.

City Council.

CIVIL LITIGATION

Civil litigation against the industrial user seeking equitable relief. Monetary penalties and actual damages.

CRIMINAL PROSECUTION

Pursuing punitive measures against an individual and/or organization through a court of law.

FINE

Monetary penalty assessed by Control Authority officials. Fines should be assessed by the pretreatment coordinator or the POTW Superintendent.

Inspector.

Industrial User.

NOV

Notice of Violation.

Pretreatment Coordinator.

Superintendent.

SHOW CAUSE

Formal meeting requiring the IU to appear and demonstrate why the Control Authority should not take a proposed enforcement action against it. The meeting may also serve as a forum to discuss corrective actions and compliance schedules.

Significant Violation.

Section 705.860 Legal Action.

[R.O. 1992 § 705.860; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

If any person discharges sewage, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions of this Chapter, Federal or State pretreatment requirements, or any order of the City, the City Attorney may commence an action for appropriate legal and/or equitable relief in the Circuit Court of Franklin County, Missouri.

Section 705.870 Penalty — Costs — Civil Penalties.

[R.O. 1992 § 705.870; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020[1]]

Any user who is found to have violated an order of the City Council or who willfully or negligently failed to comply with any provision of this Chapter, and the orders, rules, regulations and permits issued hereunder, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding five hundred dollars ($500.00) for each violation. Each twenty-four-hour period in which any such violation shall continue shall be deemed a separate offense.

Liability Of Loss. Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss, or damage occasioned by the City by reason of such violation. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Chapter or the orders, rules, regulations, and permits issued hereunder.

Falsifying Information. Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Chapter, or wastewater contribution permit, 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).

[1]

Editor's Note: Ord. No. 20-13225 also changed the title of this Section from "Violations And Penalties — Costs — Civil Penalties" to "Penalty — Costs — Civil Penalties."

Section 705.880 Promulgation Of Rules And Regulations.

[R.O. 1992 § 705.880; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

The Mayor or the Board of Public Works shall make and enforce all rules and regulations as may be deemed necessary for the safe, economical and efficient management, operation and protection of the City's sewerage system, for the construction and use of private sewer laterals and connections to the sewerage system, and for the regulation and collection of charges for sewer services.

Section 705.890 Federal Categorical Pretreatment Standards.

[R.O. 1992 § 705.890; Ord. No. 8032 §§ 1—2, 11-4-1996; Ord. No. 20-13225, 12-21-2020]

Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this Chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this Chapter. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12.