Definitions. The following definitions
shall apply in the interpretation and enforcement of this Chapter,
unless otherwise specifically stated:
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.
ADMINISTRATIVE FINE
A punitive monetary charge unrelated to actual treatment
costs which is assessed by the City rather than a court.
ADMINISTRATIVE ORDER
A document which orders a violator to perform a specific
act or refrain from an act. For example, the order may require users
to attend a show cause meeting, cease and desist discharging, or undertake
activities pursuant to a compliance schedule.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER
a.
If the user is a corporation:
(1)
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
(2)
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 ensure 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 (or general
permit) requirements; and where authority to sign documents has been
assigned or delegated to the manager in accordance with corporate
procedures.
b.
If the user is a partnership or sole
proprietorship: a general partner or proprietor, respectively.
c.
If the user is a Federal, State,
or local governmental facility: a director or highest official appointed
or designated to oversee the operation and performance of the activities
of the government facility, or their designee.
d.
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 of O'Fallon.
BMP
Best Management Practices means schedules of activities, prohibitions of practices, maintenance procedures, and other or alternative management practices to implement the prohibitions listed in Section
700.445 in this Article. 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.
BOD
Biochemical oxygen demand, determination by laboratory testing
as set forth in the latest edition of Standard Methods for the Examination
of Water and Wastewater with the results expressed in units of milligrams
per liter.
CATEGORICAL PRETREATMENT STANDARDS or CATEGORICAL STANDARDS
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter
I, Subchapter N, Parts 405–471.G, Categorical Industrial User. An industrial user subject to a categorical pretreatment standard or categorical standard.
CEASE AND DESIST ORDER
An administrative order directing an industrial user to immediately
halt illegal or unauthorized discharges.
CIVIL LITIGATION
A lawsuit filed in a civil court. If the court rules that
the defendant industrial user violated the law, the court may impose
civil penalties, injunctions or equitable remedies and/or cost recovery.
CIVIL PENALTY
A punitive monetary award granted by a court to the control
authority against a non-compliant industrial user.
COMPLIANCE ORDER
An administrative order directing a non-compliant industry
to achieve or restore compliance by a date specified in the order.
CONSENT ORDER
An administrative order embodying a legally enforceable agreement
between the control authority and the non-compliant industrial user
designed to restore the user to compliance status.
CONTAMINATION
An impairment of the quality of the water by sewage, process
fluids, or other wastes to a degree which could create an actual hazard
to the public health through poisoning or through spread of disease
by exposure.
CRIMINAL PROSECUTION
Pursuing punitive measures against an individual and/or organization
through a court of law.
CROMERR
Cross Media Electronic Reporting Rule. An Environmental Protection
Agency approved system allowing states, tribes, and local governments
that receive or plan to begin receiving electronic documents in lieu
of paper documents to satisfy regulations under an authorized program.
[Ord. No. 6898, 4-28-2022]
CROSS-CONNECTION
Any physical link between a potable water supply and any
other substance, fluid, or source, which makes possible contamination
of the potable water supply due to the reversal of flow of the water
in the piping or distribution system.
DAILY MAXIMUM
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
DAILY MAXIMUM LIMIT
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
EPA
Environmental Protection Agency or the U.S. Environmental
Protection Agency or, where appropriate, the Regional Water Management
Division Director, the Regional Administrator or other duly authorized
official of said agency.
EXISTING SOURCE
Any source of discharge, the construction or operation of
which commenced prior to the publication of proposed categorical pretreatment
standards which will be applicable to such source if the standard
is thereafter promulgated.
FOG
Fats, oils and grease of organic polar compounds derived
from animal and/or plant sources as detectable in cooking oils, food
scraps containing grease, butter or oil, lard or tallow, meat fat,
grease and juices, gravies, sauces, shortening and dairy products.
[Ord. No. 6985, 1-12-2023]
FOG MANAGEMENT PLAN
A separately maintained document containing the specific
details of the FOG Management Program. Parts of the plan include requirements
for the sizing, selection, installation, and maintenance of grease
interceptors for FSEs, enforcement response procedures, inspection
procedures, identification of roles, and information about the software
used to track the FSE Management Program.
[Ord. No. 6985, 1-12-2023]
FOG MANAGEMENT PROGRAM
The overall program put in place to reduce FOG entering the
POTW from FSEs. The FOG Management Program is the collection of documents,
people, and other resources dedicated by the City of O'Fallon to reduce
FOG discharges to the sewer system. The FOG Management Plan is a major
component of the program.
[Ord. No. 6985, 1-12-2023]
F.S.E. or FSE
Food service establishments are facilities maintained, used,
or operated for the purpose of storing, preparing, serving, manufacturing,
packaging, or otherwise handling food for sale to other entities,
or for consumption by the public, its members, residents, students
or employees, and which has any process or device that uses or produces
FOG, or grease, vapors, steam, fumes, smoke or odors, including any
real property on which the FSE is located. FSEs, include, but are
not limited to, restaurants, grocery stores, hotel kitchens, hospitals,
nursing homes, school kitchens, bars, factory cafeterias, churches,
clubs, daycare centers and mobile food establishments.
[Ord. No. 6985, 1-12-2023]
GRAB SAMPLE
Sample that is taken from a waste stream without regard to
the flow in the waste stream and over a period of time not to exceed
fifteen (15) minutes.
GREASE INTERCEPTOR
Fats, oils and greases (FOG) disposal system. A plumbing
appurtenance that reduces non-petroleum fats, oils and greases in
effluent by separation or mass and volume reduction. Gravity interceptors
are plumbing appurtenances of not less than five hundred (500) gallons
[one thousand eight hundred ninety-three (1,893) L] capacity that
are installed in the sanitary drainage system to intercept free-floating
fats, oils and grease from wastewater discharge. Separation is accomplished
by gravity during a retention time of not less than thirty (30) minutes.
Hydromechanical interceptors are plumbing appurtenances that are installed
in the sanitary drainage system to intercept free-floating fats, oils
and grease from wastewater discharge. Continuous separation is accomplished
by air entrainment, buoyancy and interior baffling.
[Ord. No. 6985, 1-12-2023]
INDUSTRIAL USER or USER
A person, firm, corporation, partnership, governmental entity,
customer etc., using or allowing the use of water and/or sewer (wastewater)
services provided by the City of O'Fallon, Missouri, including, but
not limited to, treatment of wastewater.
INDUSTRIAL WASTE DISCHARGE PERMIT
The control mechanism issued by the City to significant industrial
users, industrial users or users which include conditions necessary
to prevent pass through or interference, or protect the quality of
the receiving waterways of the POTW's effluent or protect worker health
and safety, or facilitate POTW sludge management and disposal, or
protect ambient air quality, or protect against damage to the POTW.
INTERFERENCE
Any wastewater discharge from any user which, alone or in
conjunction with a discharge(s) from other sources, which the City
deems will inhibit or disrupt the POTW, its treatment process, use
or disposal, including sewage sludge disposal or use, which contributes
to increase in magnitude or duration of a violation of any requirement
of the POTW's National Pollutants Discharge Elimination System (NPDES)
Permit.
LATERAL
The entire length of sewer pipe(s) and fittings connecting
the customer's premises to the City main sewer line.
LOCAL LIMITS
The most recent schedule developed by the City which identifies
the maximum discharge limitations of various types of pollutants by
users connected to or using the POTW. Such schedule shall be updated
from time to time as deemed necessary by the City for the purpose
of being a control mechanism and used in issuance of industrial waste
discharge permits.
MEETING
Informal compliance meeting with the IU to resolve recurring
non-compliance.
MONTHLY AVERAGE
The sum of all "daily discharges" measured during a calendar
month divided by the number of "daily discharges" measured during
that month.
MONTHLY AVERAGE LIMITS
The highest allowable average of "daily discharges" over
a calendar month, calculated as the sum of all "daily discharges"
measured during a calendar month divided by the number of "daily discharges"
measured during that month.
NEW SOURCE
a.
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 the proposed
pretreatment standards under Section 307(c) of the Act which will be applicable to such source if
such standards are thereafter promulgated in accordance with that
Section, provided that:
(1)
The building, structure, facility
or installation is constructed at a site where no other source is
located; or
(2)
The building, structure, facility
or installation totally replaces the process or production equipment
that causes the discharge of pollutants at an existing source; or
(3)
The production or wastewater generating
processes of the building, structure, facility or installation are
substantially independent of an existing source at the same site.
b.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection
(a)(2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment.
NON-SIGNIFICANT INDUSTRIAL USER
An industrial user that 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
700.480(N)(2) and 40 CFR 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.
NON-CONTACT COOLING WATER
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
NOTICE OF VIOLATION
A City document notifying an industrial user that is has
violated pretreatment standards and requirements. Generally used when
the violation is relatively minor and the control authority expects
the violation to be corrected within a short period of time.
OIL AND/OR SAND INTERCEPTORS OR SEPARATORS
A device designed and installed to separate and retain deleterious,
hazardous, or undesirable matter from normal wastes and permit normal
sewage or liquid wastes to discharge into the disposal terminal by
gravity.
[Ord. No. 6985, 1-12-2023]
PASS THROUGH
A wastewater discharge which exits the POTW into waters of
the State in quantities or concentrations which, alone or in conjunction
with a discharge(s) from other sources, the City deems to have the
potential for, or causes, the POTW to violate any requirements of
the City's POTW NPDES Permit including an increase in the magnitude
or duration of violation(s).
PERSON
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all Federal, State, and
local governmental entities.
pH
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
POLLUTION
The presence of any foreign substance (organic, inorganic,
or biological) in water which tends to degrade its quality so as to
constitute a hazard or impair the usefulness of the water to a degree
which does not create an actual hazard to the public health which
does adversely and unreasonably affect such waters for domestic use.
POTW
Publicly owned treatment works. A treatment works, as defined
by Section 212 of the Act (33 U.S.C. § 1292), which is owned
by a City. This definition includes any devices or systems used in
the collection, storage, treatment, recycling and reclamation of sewage
or industrial wastes of a liquid nature and any conveyances which
convey wastewater to a treatment plant.
PRETREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of discharging or otherwise introducing
such pollutants into a POTW. The reduction or alteration may be obtained
by physical, chemical or biological processes, process changes or
by other means, except as prohibited by 40 CFR 403.6(d): Appropriate
pretreatment technology includes control equipment, such as equalization
tanks or facilities, for protection against surges or slug loadings
that might interfere with or otherwise be incompatible with the POTW.
However, where wastewater from a regulated process is mixed in an
equalization facility with unregulated wastewater or with wastewater
from another regulation process, the effluent from the equalization
facility must meet an adjusted pretreatment limit calculated in accordance
with 40 CFR 403.6(e).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on an industrial
user.
PRIVATE SEWER COLLECTION SYSTEM
A system serving, collecting and/or treating sewer waste
flow from more than one (1) parcel of property, apartment complex,
commercial or industrial complex or single-family residence.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
SEPTIC WASTE
Waste that has been in an anaerobic bacterial environment
which may contain low dissolved oxygen levels (less than 1 mg/L) and/or
capable of producing hydrogen sulfide gasses and noxious odors.
SEWAGE
Human excrement and gray water (household showers, dishwashing
operations, etc.).
SEWER
(Shall mean "sanitary sewer.") All sewage or wastes from
a customer's property or user excluding stormwater, rainwater, downspouts,
and foundation drains runoffs, etc. Stormwater, rainwater, downspouts,
foundation drain runoffs, etc., are prohibited to discharge into the
sanitary sewer system.
SHOW CAUSE HEARING
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 INDUSTRIAL USER
Any user which is subject to categorical pretreatment standards
or any non-categorical user that discharges twenty-five thousand (25,000)
gallons per day or more processed wastewater, or that contributes
a processed waste stream which makes up to five percent (5%) or more
of the dry weather hydraulic or organic capacity of the POTW, or any
user that has a reasonable potential, in the opinion of the City,
for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement.
SLUG LOAD
Any discharge at a flow rate of concentration which could cause a violation of the prohibited discharge standards Section
700.445(A) of this Article, or any discharge, including, but not limited to, an accidental spill or a non-customary batch discharge.
STANDARD CONDITIONS
The current rules and procedures to be used and followed
in conjunction with an industrial waste discharge permit, and includes
monitoring, reporting and management requirements for permitted users.
STORMWATER
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
TSS
Total suspended solids determined by laboratory testing as
set forth in the latest edition of Standard Methods for the Examination
of Water and Wastewater with the results expressed in units of milligrams
per liter.
USER
See "industrial user."
WASTEWATER
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
WATER AND WASTEWATER PLANT SUPERINTENDENT or SUPERINTENDENT
The person designated by the City of O'Fallon to supervise
the operation of the POTW, and who is charged with certain duties
and responsibilities by this Article. The term also means a duly authorized
representative of the Public Works Director
[Ord. No. 6985, 1-12-2023]