[R.O. 1988 § 35-194; Ord. No. 4701 § 2, 8-15-2022]
(a) 
This Article sets forth uniform requirements for users of the publicly owned treatment works for the City of Rolla and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this Article are:
(1) 
To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;
(2) 
To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;
(3) 
To protect both publicly owned treatment works personnel from injury who may be affected by wastewater and sludge in the course of their employment and the general public;
(4) 
To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;
(5) 
To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and
(6) 
To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the publicly owned treatment works is subject.
(b) 
This Article shall apply to all users of the publicly owned treatment works. The ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
[R.O. 1988 § 35-195; Ord. No. 4701 § 2, 8-15-2022]
Except as otherwise provided herein, the Public Works Director shall administer, implement, and enforce the provisions of this Article. Any powers granted to or duties imposed upon the Public Works Director may be delegated by the Public Works Director to other City personnel.
[R.O. 1988 § 35-196; Ord. No. 4701 § 2, 8-15-2022]
The following abbreviations, when used in this Article, shall have the designated meanings:
AHL
Allowable headworks loading.
BMPs
Best management practices.
BOD
Biochemical oxygen demand.
CFR
Code of Federal Regulations.
COD
Chemical oxygen demand.
CSR
Code State Regulations.
EPA
U.S. Environmental Protection Agency.
GPD
Gallons per day.
IU
Industrial user.
MAHL
Maximum allowable headworks loading.
MAIL
Maximum allowable industrial loading.
mg/L
Milligrams per liter.
NPDES
National Pollutant Discharge Elimination System.
POTW
Publicly owned treatment works.
RCRA
Resource Conservation and Recovery Act.
SIC
Standard industrial classification.
SIU
Significant industrial user.
SNC
Significant non-compliance.
SS
Suspended solids.
U.S.C.
United States Code.
[R.O. 1988 § 35-197; Ord. No. 4701 § 2, 8-15-2022]
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated.
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251.
ALLOWABLE HEADWORKS LOADING (AHL)
The estimated maximum loading of a pollutant that can be received at a POTW's headworks that should not cause a POTW to violate a particular treatment plant or environmental criterion. AHLs are developed to prevent interference or pass through.
APPROVAL AUTHORITY
State of Missouri.
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 operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000.00) (in second-quarter 1980 dollars), if 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 (a) through (c), above, may designate another 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.
BIOCHEMICAL OXYGEN DEMAND or BOD
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees Centigrade (20° C.), usually expressed as a concentration (e.g., mg/L).
BEST MANAGEMENT PRACTICES or BMPs
Schedules of activities, prohibitions or practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR § 403.5(a)(1) and (b). BMPs also 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.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 10 CSR 406-471; 10 CSR 20-6.300(4)(C) 40 CFR Chapter I, Subchapter N, Parts 405–471.
CITY
The City of Rolla.
CONTROL AUTHORITY
The City of Rolla
ENVIRONMENTAL PROTECTION AGENCY or EPA
The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
EXISTING SOURCE
Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
GRAB SAMPLE
A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
HEADWORKS
The point at which wastewater enters a wastewater treatment plant. The headworks may consist of bar screens, comminutors, a wet well or pumps.
INDIRECT DISCHARGE or DISCHARGE
The introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c), or (d) of the Act.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE
A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act, the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
LOCAL LIMIT
Specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
MAXIMUM ALLOWABLE INDUSTRIAL LOADING (MAIL)
The estimated maximum loading of a pollutant that can be received at the POTW's headworks from all permitted industrial users and other controlled sources without causing pass through or interference. The MAIL is usually calculated by applying a safety factor to the MAHL and discounting for uncontrolled sources, hauled waste and growth allowance.
MAXIMUM ALLOWABLE HEADWORKS LOADING (MAHL)
The estimated maximum loading of a pollutant that can be received at a POTW's headworks without causing pass through or interference. The most protective (lowest) of the AHLs (see definition) estimated for a pollutant.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
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 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 at which 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. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
(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 Section 35-194 above but otherwise alters, replaces, or adds to existing process or production equipment.
(1) 
Construction of a new source as defined under this Subsection has commenced if the owner or operator has:
a. 
Begun, or caused to begin, as part of a continuous on-site construction program:
1. 
Any placement, assembly, or installation of facilities or equipment; or
2. 
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
b. 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this Subsection.
NON-CONTACT COOLING WATER
Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
PASS THROUGH
A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.
pH
Measure of the acidity or alkalinity of a solution, expressed in standard units (SU).
POLLUTANT
Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, SS, turbidity, color, BOD, COD, toxicity, or odor).
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS or STANDARDS
Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 35-198 of this Article.
PUBLICLY OWNED TREATMENT WORKS or POTW
A "treatment works," as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks (also known as sewage), human excrement and gray water (household showers, dishwashing operations, etc.)
SIGNIFICANT INDUSTRIAL USER
(a) 
A user subject to categorical pretreatment standards; or
(b) 
A user that:
(1) 
Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and boiler blowdown wastewater);
(2) 
Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(3) 
Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
(4) 
Upon finding that a user meeting the criteria in Subsection (b)(2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SLUG LOAD or SLUG
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 35-198 of this Article.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
WATER
Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
PUBLIC WORKS DIRECTOR
The person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this Article, or a duly authorized representative.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
USER or INDUSTRIAL USER
A source of indirect discharge.
WASTEWATER
Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT
That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
[R.O. 1988 § 35-198; Ord. No. 4701 § 2, 8-15-2022]
(a) 
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.
(b) 
Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
(1) 
Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than one hundred forty degrees Centigrade (140° F.) (60° C.) using the test methods specified in 40 CFR 261.21;
(2) 
Wastewater having a pH less than 6.0 or more than 9.0, or otherwise causing corrosive structural damage to the POTW or equipment;
(3) 
Sewer surcharge is applied in conjunction with the standard sewer discharge for BOD (250 mg/L) or SS (300 mg/L) exceeds the limits established in the Sewer Use Ordinance. The surcharge shall be in effect until the allocated portion of the MAIL value in Section 35-200 for a user is exceeded and when industrial IUs discharge in excess of a local limit in their permit, they are subject to enforcement action.
(4) 
Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than one and one-half (1.5) inches or three and eighty-one, one hundredth centimeters (3.81 cm) in any dimension;
(5) 
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;
(6) 
Wastewater having a temperature greater than one hundred fifty degrees Fahrenheit 150° F. (65° C.), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees Fahrenheit (104° F.) (40° C.);
(7) 
Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
(8) 
Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems. Trucked or hauled pollutants, except at discharge points designated by the City engineer in accordance with Section 35-206 of this Article;
(9) 
Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
(10) 
Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit;
(11) 
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;
(12) 
Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by the Public Works Director;
(13) 
Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(14) 
Medical wastes, except as specifically authorized by the Public Works Director in a wastewater discharge permit;
(15) 
Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;
(16) 
Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;
(17) 
Fats, oils, or greases of animal or vegetable origin in concentrations greater than one hundred (100) mg/L; or
(18) 
Wastewater causing two (2) readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than one hundred percent (100%) or any single reading over ten percent (10%) of the lower explosive limit of the meter.
(c) 
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.
[R.O. 1988 § 35-199; Ord. No. 4701 § 2, 8-15-2022]
(a) 
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 – 471 are hereby incorporated.
(b) 
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Public Works Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
(1) 
To be eligible for equivalent mass limits, the industrial user must:
a. 
Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit:
b. 
Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;
c. 
Provide sufficient information to establish the facility's actual average daily flow rate for all waste streams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;
d. 
Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and
e. 
Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.
(2) 
An industrial user subject to equivalent mass limits must:
a. 
Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;
b. 
Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;
c. 
Continue to record the facility's production rates and notify the Public Works Director whenever production rates are expected to vary by more than twenty percent (20%) from its baseline production rates determined in this Section. Upon notification of a revised production rate, the Public Works Director will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
d. 
Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to this Section so long as it discharges under an equivalent mass limit.
(3) 
When developing equivalent mass limits, the Public Works Director:
a. 
Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard or the applicable categorical pretreatment standard and the appropriate unit conversion factor;
b. 
Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and
c. 
May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Section 35-202. The industrial user must also be in compliance with Section 35-258 regarding the prohibition of bypass.
d. 
The Public Works Director may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the Public Works Director.
(4) 
Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the Public Works Director within two (2) business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Public Works Director of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.
(5) 
When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Public Works Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).
a. 
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.
[R.O. 1988 § 35-200; Ord. No. 4701 § 2, 8-15-2022]
In addition to the prohibitions of Section 35-198, no user shall discharge any wastewater containing toxic pollutants that exceed specific local standards to the extent that said local standards are more stringent than State or Federal standards, requirements, or limitations. Specific local standards shall be developed for all SIUs and other users, as appropriate, by the Public Works Director by allocating between those users the total allowable industrial pollutant loads as determined by plant headworks calculations.
(a) 
The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5
(b) 
The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following Table:
Pollutants
Maximum Daily Limits MAIL (lbs.)1
Silver (Ag)
0.59
Arsenic (As)
0.47
Cadmium (Cd)
0.10
Cyanide (CN)
0.189
Chromium (Cr)
10.72
Copper (Cu)
2.79
Mercury (Hg)
0.03
Molybdenum (Mo)
0.41
Nickel (Ni)
2.85
Lead (Pb)
0.59
Selenium (Se)
0.19
Zinc (Zn)
22.60
Conventional Pollutant2
 
Ammonia as N
366
BOD5
1510
SS
954
pH (SU)
6.0 – 9.03
Temperature
140° F.4
Oil and Grease
100 mg/L
Notes:
1
The local limits are mass based and a mass allocation method for distributing mass to each CIU/SIU/IU will used for those in need of an allocation. These mass-based limits are to be applied to those industries requiring a limit and the industries must have the ability to meter their discharge flow.
2
BOD and SS discharges must not exceed the amounts set out in Section 35-125(b) of this Chapter until the maximum allocated CIU/SIU mass limit is reached.
3
pH is not to be averaged and is expressed in standard units (SU).
4
Temperature is not to be averaged and expressed in Fahrenheit.
[R.O. 1988 § 35-201; Ord. No. 4701 § 2, 8-15-2022]
The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.
[R.O. 1988 § 35-202; Ord. No. 4701 § 2, 8-15-2022]
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Public Works Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
[R.O. 1988 § 35-203; Ord. No. 4701 § 2, 8-15-2022]
Users shall provide wastewater treatment as necessary to comply with this Article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 35-198 of this Article within the time limitations specified by EPA, the State, or the Public Works Director, whichever time limitation is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Public Works Director for review, and shall be acceptable to the Public Works Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this Article.
[R.O. 1988 § 35-204; Ord. No. 4701 § 2, 8-15-2022]
(a) 
Whenever deemed necessary, the Public Works Director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this Article.
(b) 
The Public Works Director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
(c) 
Grease, oil, and sand interceptors shall be provided when, in the opinion of the Public Works Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Public Works Director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.
(d) 
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
[R.O. 1988 § 35-205; Ord. No. 4701 § 2, 8-15-2022]
At least once every two (2) years, the Public Works Director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Public Works Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Public Works Director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:
(a) 
Description of discharge practices, including non-routine batch discharges;
(b) 
Description of stored chemical;
(c) 
Procedures for immediately notifying the Public Works Director of any accidental or slug discharge, as required by Section 35-227 of this Article; and
(d) 
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 plan 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.
[R.O. 1988 § 35-206; Ord. No. 4701 § 2, 8-15-2022]
(a) 
Septic tank waste may be introduced into the POTW only at locations designated by the Public Works Director, and at such times as are established by the Public Works Director. Such waste shall not violate Section 35-198 of this Article or any other requirements established by the City. The Public Works Director may require septic tank waste haulers to obtain wastewater discharge permits.
(b) 
The Public Works Director shall require haulers of industrial waste to obtain wastewater discharge permits. The Public Works Director may require generators of hauled industrial waste to obtain wastewater discharge permits. The Public Works Director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this Article.
(c) 
Industrial waste haulers may discharge loads only at locations designated by the Public Works Director. No load may be discharged without prior consent of the Public Works Director. The Public Works Director may collect samples of each hauled load to ensure compliance with applicable standards. The Public Works Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
(d) 
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.
[R.O. 1988 § 35-207; Ord. No. 4701 § 2, 8-15-2022]
When requested by the Public Works Director, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The Public Works Director is authorized to prepare a form for this purpose and may periodically require users to update this information.
[R.O. 1988 § 35-208; Ord. No. 4701 § 2, 8-15-2022]
(a) 
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Public Works Director, except that a significant industrial user that has filed a timely application pursuant to Section 35-209 of this Article may continue to discharge for the time period specified therein.
(b) 
The Public Works Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this Article.
(c) 
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Article and subjects the wastewater discharge permittee to the sanctions set out in Sections 35-239 through 35-255 of this Article. 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.
[R.O. 1988 § 35-209; Ord. No. 4701 § 2, 8-15-2022]
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Article and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the Public Works Director for a wastewater discharge permit in accordance with Section 35-211 of this Article, and shall not cause or allow discharges to the POTW to continue after one hundred eighty (180) days of the effective date of this Article except in accordance with a wastewater discharge permit issued by the Public Works Director.
[R.O. 1988 § 35-210; Ord. No. 4701 § 2, 8-15-2022]
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 Section 35-211 of this Article, must be filed at least sixty (60) days prior to the date upon which any discharge will begin or recommence.
[R.O. 1988 § 35-211; Ord. No. 4701 § 2, 8-15-2022]
(a) 
All users required to obtain a wastewater discharge permit must submit a permit application. The Public Works Director may require all users to submit as part of an application the following information:
(1) 
All information required by Section 35-222(b) of this Article;
(2) 
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 accidentally or intentionally be, discharged to the POTW;
(3) 
Number and type of employees, hours of operation, and proposed or actual hours of operation;
(4) 
Each product produced by type, amount, process or processes, and rate of production;
(5) 
Type and amount of raw materials processed (average and maximum per day);
(6) 
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;
(7) 
Time and duration of discharges; and
(8) 
Any other information as may be deemed necessary by the Public Works Director to evaluate the wastewater discharge permit application.
(b) 
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
[R.O. 1988 § 35-212; Ord. No. 4701 § 2, 8-15-2022]
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 ensure 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 penalty and imprisonment for knowing violations."
[R.O. 1988 § 35-213; Ord. No. 4701 § 2, 8-15-2022]
The Public Works Director will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Public Works Director will determine whether or not to issue a wastewater discharge permit. The Public Works Director may deny any application for a wastewater discharge permit.
[R.O. 1988 § 35-214; Ord. No. 4701 § 2, 8-15-2022]
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 Public Works Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.
[R.O. 1988 § 35-215; Ord. No. 4701 § 2, 8-15-2022]
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Public Works Director 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.
(a) 
Wastewater discharge permits must contain:
(1) 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years not more than five (5);
(2) 
A statement that the wastewater discharge permit is non-transferable without prior notification to the City in accordance with Section 35-218 of this Article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) 
Effluent limits, including best management practices, based on applicable pretreatment standards;
(4) 
Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practices) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and
(5) 
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.
(6) 
Requirements to control slug discharge, if determined by the Public Works Director to be necessary.
(b) 
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1) 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(2) 
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;
(3) 
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
(4) 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(5) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW
(6) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(7) 
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
(8) 
Other conditions as deemed appropriate by the Public Works Director to ensure compliance with this Article, and State and Federal laws, rules, and regulations.
[R.O. 1988 § 35-216; Ord. No. 4701 § 2, 8-15-2022]
The Public Works Director shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Public Works Director to reconsider the terms of a wastewater discharge permit within sixty (60) days of notice of its issuance.
(a) 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(b) 
In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(c) 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(d) 
If the Public Works Director fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
(e) 
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the municipal court for the twenty fifth Judicial Circuit Court of Missouri, within ninety (90) calendar days of the notice of issuance.
[R.O. 1988 § 35-217; Ord. No. 4701 § 2, 8-15-2022]
The Public Works Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) 
To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;
(b) 
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;
(c) 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(d) 
Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters;
(e) 
Violation of any terms or conditions of the wastewater discharge permit
(f) 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(g) 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(h) 
To correct typographical or other errors in the wastewater discharge permit; or
(i) 
To reflect a transfer of the facility ownership or operation to a new owner or operator.
Note: Modification for this purpose may not be allowed unless the permit is transferable as provided in Section 33-218.
[R.O. 1988 § 35-218; Ord. No. 4701 § 2, 8-15-2022]
(a) 
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least sixty (60) days advance notice to the Public Works Director and the Public Works Director approves the wastewater discharge permit transfer. The notice to the Public Works Director must include a written certification by the new owner or operator which:
(1) 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) 
Identifies the specific date on which the transfer is to occur; and
(3) 
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(b) 
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
[R.O. 1988 § 35-219; Ord. No. 4701 § 2, 8-15-2022]
(a) 
The Public Works Director may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) 
Failure to notify the Public Works Director of significant changes to the wastewater prior to the changed discharge;
(2) 
Failure to provide prior notification to the Public Works Director of changed conditions pursuant to Section 35-226 of this Article;
(3) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) 
Falsifying self-monitoring reports;
(5) 
Tampering with monitoring equipment;
(6) 
Refusing to allow the Public Works Director timely access to the facility premises and records;
(7) 
Failure to meet effluent limitations;
(8) 
Failure to pay penalties;
(9) 
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 Article.
(b) 
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.
[R.O. 1988 § 35-220; Ord. No. 4701 § 2, 8-15-2022]
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 35-211 of this Article, a minimum of sixty (60) days prior to the expiration of the user's existing wastewater discharge permit.
[R.O. 1988 § 35-221; Ord. No. 4701 § 2, 8-15-2022]
(a) 
If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Public Works Director, shall enter into an intermunicipal agreement with the contributing municipality.
(b) 
Prior to entering into an agreement required by Subsection (a), above, the Public Works Director shall request the following information from the contributing municipality:
(1) 
A description of the quality and volume of wastewater discharged to the POTW by contributing municipality;
(2) 
An inventory of all users located within the contributing municipality that are discharging to the POTW; and
(3) 
Such other information as the Public Works Director may deem necessary.
(c) 
An intermunicipal agreement, as required by Subsection (a), above, shall contain the following conditions:
(1) 
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least stringent as this Article and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in Section 35-222 of this Article. This requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or local limits;
(2) 
A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(3) 
A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Public Works Director; and which of these activities will be conducted jointly by the contributing municipality and the Public Works Director;
(4) 
A requirement for the contributing municipality to provide the Public Works Director with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5) 
Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
(6) 
Requirements for monitoring the contributing municipality's discharge;
(7) 
A provision ensuring the Public Works Director access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Public Works Director; and
(8) 
A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
[R.O. 1988 § 35-222; Ord. No. 4701 § 2, 8-15-2022]
(a) 
Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Public Works Director a report which contains the information listed in Subsection (b), below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Public Works Director a report which contains the information listed in Subsection (b), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(b) 
Users described above shall submit the information set forth below:
(1) 
Identifying Information. The name and address of the facility, including the name of the operator and owner.
(2) 
Environmental Permits. A list of any environmental control permits held by or for the facility.
(3) 
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.
(4) 
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).
(5) 
Measurement Of Pollutants.
a. 
The categorical pretreatment standards applicable to each regulated process.
b. 
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Public Works Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 35-222 of this Article.
c. 
Sampling must be performed in accordance with procedures set out in Section 35-222 of this Article.
(6) 
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.
(7) 
Compliance Schedule. If 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 Section 35-223 of this Article.
(8) 
Signature And Certification. All baseline monitoring reports must be signed and certified in accordance with Section 35-212 of this Article.
[R.O. 1988 § 35-223; Ord. No. 4701 § 2, 8-15-2022]
The following conditions shall apply to the compliance schedule required by Section 35-222(b)(7) of this Article:
(a) 
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);
(b) 
No increment referred to above shall exceed nine (9) months;
(c) 
The user shall submit a progress report to the Public Works Director 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
(d) 
In no event shall more than nine (9) months elapse between such progress reports to the Public Works Director.
[R.O. 1988 § 35-224; Ord. No. 4701 § 2, 8-15-2022]
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Public Works Director a report containing the information described in Section 35-222(b)(4)–(6) of this Article. 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 35-212 of this Article.
[R.O. 1988 § 35-225; Ord. No. 4701 § 2, 8-15-2022]
(a) 
All significant industrial users shall, at a frequency determined by the Public Works Director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Public Works Director or the pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with Section 35-212 of this Article.
(b) 
All periodic compliance reports must be signed and certified in accordance with this Article.
(c) 
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.
(d) 
If a user subject to the reporting requirement in this Section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the procedures prescribed in this Article, the results of this monitoring shall be included in the report.
[R.O. 1988 § 35-226; Ord. No. 4701 § 2, 8-15-2022]
Each user must notify the Public Works Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least sixty (60) days before the change.
(a) 
The Public Works Director 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 35-211 of this Article.
(b) 
The Public Works Director may issue a wastewater discharge permit under Section 35-213 of this Article or modify an existing wastewater discharge permit under Section 35-217 of this Article in response to changed conditions or anticipated changed conditions.
(c) 
For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent (20%) or greater, and the discharge of any previously unreported pollutants.
[R.O. 1988 § 35-227; Ord. No. 4701 § 2, 8-15-2022]
(a) 
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routing, episodic nature, a non-customary batch discharge, or a slug discharge or slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Public Works Director 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.
(b) 
Within five (5) days following such discharge, the user shall, unless waived by the Public Works Director, 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 damages 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 Article. 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), above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
(c) 
Significant industrial users are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge.
[R.O. 1988 § 35-228; Ord. No. 4701 § 2, 8-15-2022]
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Public Works Director as the Public Works Director may require.
[R.O. 1988 § 35-229; Ord. No. 4701 § 2, 8-15-2022]
If sampling performed by a user indicated a violation, the user must notify the Public Works Director within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Public Works Director within thirty (30) days after becoming aware of the violation. The user is not required to resample if the Public Works Director monitors at the user's facility at least once a month, or if the Public Works Director samples between the user's initial sampling and when the user receives the results of this sampling.
[R.O. 1988 § 35-230; Ord. No. 4701 § 2, 8-15-2022]
(a) 
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 wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and 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 35-226 of this Article. 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 35-222, 35-223, and 35-224 of this Article.
(b) 
Dischargers are exempt from the requirements of Subsection (a), above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(c) 
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 Public Works Director, 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.
(d) 
In the case of any notification made under this Section, the user shall certify that it has program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(e) 
This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this Article, a permit issued thereunder, or any applicable Federal or State law.
[R.O. 1988 § 35-231; Ord. No. 4701 § 2, 8-15-2022]
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, 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, sampling and analyses must be performed in accordance with procedures approved by EPA.
[R.O. 1988 § 35-232; Ord. No. 4701 § 2, 8-15-2022]
(a) 
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. The monitoring frequency shall be twice per year with one sample being in January–June and second sample to be in July–December.
(1) 
Except as indicated in Subsection (a)(2) and (3), below, the user must collect wastewater samples using twenty-four-hour flow proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Public Works Director. 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.
(2) 
Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(3) 
For sampling required in support of baseline monitoring and ninety-day compliance reports required in [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Public Works Director may authorize a lower minimum. For the reports required by this Article. 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 ensure compliance by with applicable pretreatment standards and requirements.
[R.O. 1988 § 35-233; Ord. No. 4701 § 2, 8-15-2022]
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
[R.O. 1988 § 35-234; Ord. No. 4701 § 2, 8-15-2022]
Users subject to the reporting requirements of this Article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under Section 35-200. 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 period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Public Works Director.
[R.O. 1988 § 35-236; Ord. No. 4701 § 2, 8-15-2022]
If the Public Works Director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Public Works Director may proceed as outlined in Section 35-245 and immediately suspend the user's discharge.
[R.O. 1988 § 35-237; Ord. No. 4701 § 2, 8-15-2022]
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Public Works Director'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 Public Works Director, 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.
[R.O. 1988 § 35-238; Ord. No. 4701 § 2, 8-15-2022]
The Public Works Director shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant non-compliance with applicable pretreatment standards and requirements. The term significant non-compliance shall be applicable to all significant industrial users [or any other industrial user that violates Subsections (c), (d), or (h) of this Section] and shall mean:
(a) 
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 this Article.
(b) 
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 this Article multiplied by the applicable criteria (1.4 for BOD, SS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(c) 
Any other discharge violation of a pretreatment standard or requirement as defined by this Article (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Public Works Director believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(d) 
Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Public Works Director's exercise of its emergency authority to halt or prevent such a discharge;
(e) 
Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) 
Failure to provide within thirty (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;
(g) 
Failure to accurately report non-compliance; or
(h) 
Any other violation(s) which the Public Works Director determines will adversely affect the operation or implementation of the local pretreatment program.
(i) 
Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
[R.O. 1988 § 35-239; Ord. No. 4701 § 2, 8-15-2022]
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may serve upon that user a written notice of violation. Within thirty (30) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Public Works Director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this Section shall limit the authority of the Public Works Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
[R.O. 1988 § 35-240; Ord. No. 4701 § 2, 8-15-2022]
The Public Works Director may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such documents will 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 35-242 and 35-243 of this Article and shall be judicially enforceable.
[R.O. 1988 § 35-241; Ord. No. 4701 § 2, 8-15-2022]
The Public Works Director may order a user which has violated, or continues to violate, any provision of this Article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Public Works Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
[R.O. 1988 § 35-242; Ord. No. 4701 § 2, 8-15-2022]
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director 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 violations, 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.
[R.O. 1988 § 35-243; Ord. No. 4701 § 2, 8-15-2022]
(a) 
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Public Works Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) 
Immediately comply with all requirements; and
(2) 
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.
(b) 
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
[R.O. 1988 § 35-244; Ord. No. 4701 § 1, 8-15-2022]
(a) 
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director, with City of Rolla Council approval, may penalize such user in an amount not to exceed five hundred dollars ($500.00) per violation per day. Such penalties shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, penalties shall be assessed for each day during the period of violation.
(b) 
Unpaid charges and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of one-tenth percent (0.1%) of the unpaid balance, and interest shall accrue thereafter at a rate of three percent (3%) per month. A lien against the user's property will be sought for unpaid charges and penalties.
(c) 
Users desiring to dispute such penalties must file a written request for the Public Works Director to reconsider the penalty along with full payment of the penalty amount within thirty (30) days of being notified of the penalty. The City of Rolla Council will convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The City of Rolla Council may add the costs of preparing administrative enforcement actions, such as notices and orders, to the penalty.
(d) 
Issuance of an administrative penalty shall not be a bar against, or a prerequisite for, taking any other action against the user.
[R.O. 1988 § 35-245; Ord. No. 4701 § 2, 8-15-2022]
The Public Works Director 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 reasonable appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Public Works Director 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.
(a) 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Public Works Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Public Works Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Public Works Director that the period of endangerment has passed, unless the termination proceedings in Section 35-246 of this Article are initiated against the user.
(b) 
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Public Works Director prior to the date of any show cause or termination hearing under Sections 35-241 or 35-246 of this Article. Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.
[R.O. 1988 § 35-246; Ord. No. 4701 § 2, 8-15-2022]
(a) 
In addition to the provisions in Section 35-219 of this Article, any user who violates the following conditions is subject to discharge termination:
(1) 
Violation of wastewater discharge permit conditions;
(2) 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(4) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
(5) 
Violation of the pretreatment standards in Section 35-198 of this Article.
(b) 
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 35-241 of this Article why the proposed action should not be taken. Exercise of this option by the Public Works Director shall not be a bar to, or a prerequisite for, taking any other action against the user.
[R.O. 1988 § 35-247; Ord. No. 4701 § 2, 8-15-2022]
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this Article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may petition the Municipal Court 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 wastewater discharge permit, order, or other requirement imposed by this Article on activities of the user. The Public Works Director 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.
[R.O. 1988 § 35-248; Ord. No. 4701 § 2, 8-15-2022]
(a) 
A user who has violated, or continues to violate, any provision of this Article, a 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.
(b) 
The Public Works Director 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.
(c) 
In determining the amount of civil liability, the Court shall take into account all relevant circumstance, 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.
(d) 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
[R.O. 1988 § 35-249; Ord. No. 4701 § 2, 8-15-2022]
(a) 
A user who willfully or negligently violates any provision of this Article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be in violation of this Chapter, punishable by a fine and/or imprisonment as set forth in Section 1-7 of this Code.
(b) 
A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be in violation of this Chapter and be subject to a fine and/or imprisonment as set forth in Section 1-7 of this Code. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
(c) 
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 Article, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Article shall, upon conviction, be subject to a fine and/or imprisonment as set forth in Section 1-7 of this Code.
(d) 
In the event of a second conviction, a user shall be subject to a fine and/or imprisonment as set forth in Section 1-7 of this Code.
[R.O. 1988 § 35-250; Ord. No. 4701 § 2, 8-15-2022]
(a) 
The remedies provided for in this Article are not exclusive. The Public Works Director 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.
(b) 
However, the Public Works Director may take other action against any user when the circumstances warrant. Further, the Public Works Director is empowered to take more than one (1) enforcement action against any non-compliant user.
[R.O. 1988 § 35-251; Ord. No. 4701 § 2, 8-15-2022]
The Public Works Director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Article, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Public Works Director to be necessary to achieve consistent compliance.
[R.O. 1988 § 35-252; Ord. No. 4701 § 2, 8-15-2022]
The Public Works Director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Article, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
[R.O. 1988 § 35-253; Ord. No. 4701 § 2, 8-15-2022]
Whenever a user has violated or continues to violate any provision of this Article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
[R.O. 1988 § 35-254; Ord. No. 4701 § 2, 8-15-2022]
A violation of any provision of this Article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Public Works Director. Any person(s) creating a public nuisance shall be subject to the provisions of the Rolla City Code Chapter 28, governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance.
[R.O. 1988 § 35-256; Ord. No. 4701 § 2, 8-15-2022]
(a) 
For the purposes of this Section, "upset" means an exceptional incident in which there is unintentional and temporary non-compliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(b) 
An upset shall constitute an affirmative defense to an action brought for non-compliance with categorical pretreatment standards if the requirements of Subsection (c), below, are met.
(c) 
A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) 
An upset occurred and the user can identify the cause(s) of the upset;
(2) 
The facility was the time being operated in a prudent and worker-like manner and in compliance with applicable operation and maintenance procedures; and
(3) 
The user has submitted the following information to the Public Works Director within twenty-four (24) hours of becoming aware of the upset if this information is provided orally, a written submission must be provided within five (5) days.
a. 
A description of the indirect discharge and cause of non-compliance;
b. 
The period of non-compliance, including exact dates and times or, if not corrected, the anticipated time the non-compliance is expected to continue; and
c. 
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the non-compliance;
d. 
In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof;
e. 
Users will have the opportunity for a judicial determination on a claim of upset only in an enforcement action brought of non-compliance with categorical pretreatment standards;
f. 
Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
[R.O. 1988 § 35-257; Ord. No. 4701 § 2, 8-15-2022]
A user shall have an affirmative defense to an enforcement action brought against it for non-compliance with the general prohibitions in Section 35-198(a) of this Article or the specific prohibitions in Sections 35-198(b) through 35-200 of this Article if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(a) 
A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or
(b) 
No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.
[R.O. 1988 § 35-258; Ord. No. 4701 § 2, 8-15-2022]
(a) 
For the purposes of this Section:
BYPASS
Means the intentional diversion of wastestreams from any portion of a user's treatment facility.
SEVERE PROPERTY DAMAGE
Means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(b) 
A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provision of Subsections (c) and (d) of this Section.
(c) 
Bypass Notifications.
(1) 
If a user knows in advance of need for a bypass, it shall submit prior notice to the Public Works Director, at least ten (10) days before the date of the bypass, if possible.
(2) 
A user shall submit oral notice to the Public Works Director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Public Works Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
(d) 
Bypass.
(1) 
Bypass is prohibited, and the Public Works Director may take an enforcement action against a user for a bypass, unless:
a. 
Bypass was unavoidable to prevent loss of life, personal injury, or sever property damage;
b. 
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
c. 
The user submitted notices as required under Subsection (c) of this Section.
(2) 
The Public Works Director may approve an anticipated bypass, after considering its adverse effects, if the Public Works Director determines that it will meet the three (3) conditions listed in Subsection (d)(1) of this Section.
[R.O. 1988 § 35-259; Ord. No. 4701 § 2, 8-15-2022]
The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City's pretreatment program which may include:
(a) 
Fees for wastewater discharge permit applications including the cost of processing such applications;
(b) 
Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
(c) 
Fees for reviewing and responding to accidental discharge procedures and construction;
(d) 
Fees for filing appeals; and
(e) 
Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Article and are separate from all other fees and penalties chargeable by the City.